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

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

Vol. 157 WASHINGTON, WEDNESDAY, APRIL 6, 2011 No. 49 House of Representatives The House met at 10 a.m. and was arose in Joshua’s head: What else can I diers than killed by enemy fire. This is called to order by the Speaker pro tem- do to help? In the weeks following, a national disgrace, and the longer it pore (Mrs. ELLMERS). Joshua would create the basis to what goes unaddressed, Congress becomes an f has now become a great charity in our accomplice in these crimes. community. You know, we in Congress do some- DESIGNATION OF SPEAKER PRO Today, Joshua’s Heart Foundation thing really well—we hold hearings, TEMPORE has grown from feeding a handful of and then we do nothing. Congress has The SPEAKER pro tempore laid be- families to over 1,000 throughout south held 18 hearings in the last 16 years on fore the House the following commu- Florida in just a few years. Later this this issue, and nothing has changed. nication from the Speaker: month, Madam Speaker, on April 30, The Department of Defense estimates WASHINGTON, DC, from 12 to 4 p.m. at Palm Island Park that over 19,000 servicemembers were April 6, 2011. in Miami Beach, in my congressional raped or sexually assaulted in 2010; but I hereby appoint the Honorable RENEE district, Joshua’s Heart Foundation due to fear of retribution and a failure ELLMERS to act as Speaker pro tempore on will be holding a celebration of its 5- to prosecute these crimes, only 13.5 this day. year anniversary, and, yes, they will be percent are reported. These are Depart- JOHN A. BOEHNER, feeding the hungry. ment of Defense figures: 19,000 soldiers Speaker of the House of Representatives. I encourage all in south Florida to raped in the military every year. f join Joshua at this amazing event and So beginning today, I am going to MORNING-HOUR DEBATE again congratulate him on his many tell these women’s stories on the House years of service to our community, floor, and I’m going to keep telling The SPEAKER pro tempore. Pursu- even at such a young age. them and keep telling them until ant to the order of the House of Janu- f something is done about it. ary 5, 2011, the Chair will now recog- Earlier this year, 17 servicemembers, nize Members from lists submitted by RAPE IN THE MILITARY 15 of them women, filed a lawsuit the majority and minority leaders for The SPEAKER pro tempore. The against the Federal Government accus- morning-hour debate. Chair recognizes the gentlewoman from ing the Pentagon of ignoring their own The Chair will alternate recognition California (Ms. SPEIER) for 5 minutes. cases of sexual assault. Today, I want between the parties, with each party Ms. SPEIER. Madam Speaker, I rise to tell you about one of those, Tech- limited to 1 hour and each Member today to speak about an abomination, nical Sergeant Mary Gallagher. She de- other than the majority and minority and I vow to speak about it every week ployed to Iraq in 2009 as a member of leaders and the minority whip limited until this Congress and this adminis- the Air National Guard. Her allega- to 5 minutes each, but in no event shall tration does something more than offer tions are as follows. Now I’m warning debate continue beyond 11:50 a.m. lip service. you, some of the language is graphic. f Read my lips: The military must end On November 5, 2009, while she was rape in this country, and those who deployed in Iraq, a coworker offered RECOGNIZING FIFTH ANNIVER- commit such crimes must be brought her a ride home to her living quarters. SARY OF JOSHUA’S HEART to justice. The fact that women in the When she accepted, instead of driving FOUNDATION military are being raped and our gov- her home, he drove her to a remote The SPEAKER pro tempore. The ernment is turning a blind eye is dis- area and tried to kiss her. Technical Chair recognizes the gentlewoman from turbing enough. Even worse, it is not Sergeant Gallagher threatened to re- Florida (Ms. ROS-LEHTINEN) for 5 min- our enemies abroad who are commit- port him. He became angry and ver- utes. ting these horrific crimes. It’s Amer- bally assaulted her. She reported the Ms. ROS-LEHTINEN. Madam Speak- ican soldiers abusing many of our own, incident to command, but they claimed er, I rise today to recognize an extraor- often with nothing more than a slap on that they could do nothing about it. dinary young man from my congres- the wrist and sometimes with an unbe- On November 7, the coworker began sional district, Mr. Joshua Williams, lievable promotion. to stalk Technical Sergeant Gallagher. on the fifth anniversary of his out- We have a military culture that con- He tried to break into her room, claim- standing organization called Joshua’s dones, and in some cases rewards, this ing she didn’t know what she was miss- Heart Foundation. type of abusive and violent behavior ing. He telephoned her repeatedly. She At the age of 5, while watching ‘‘Feed against female soldiers, who are now again reported her coworker’s threat- the Children’’ one evening, a question more likely to be raped by fellow sol- ening behavior to command but was

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.

H2329

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2330 CONGRESSIONAL RECORD — HOUSE April 6, 2011 advised that they could do nothing be- b 1010 abiding gun owners will not unknow- cause it was a ‘‘he said, she said’’ situa- SUPPORT THE BATFE REFORM ingly end up in a Federal gun registration. ACT tion database. Congress has included Five days later, on November 12, the this language in its annual appropria- The SPEAKER pro tempore. The coworker sexually assaulted her in the tions bills banning the creation of an Chair recognizes the gentleman from restroom. He pushed her up against the index for more than a decade. This Pennsylvania (Mr. ALTMIRE) for 5 min- left side of the wall, took his right time we want to give it the weight of utes. hand and pulled her pants and under- law so we can give gun owners cer- Mr. ALTMIRE. Madam Speaker, I wear down and then used his hand to tainty and make this policy part of the rise today to ask my colleagues to sup- rub her vagina. He simultaneously existing law. port a legislative effort to modernize ground his penis against her and talked The NRA has endorsed this legisla- the Bureau of Alcohol, Tobacco, Fire- about how much he was enjoying the tion, and I would ask my fellow Rep- arms, and Explosives. I have joined assault. resentatives to show their support for with Congressman STEVE KING to in- the Second Amendment and small busi- Technical Sergeant Gallagher de- troduce the BATFE Reform Act, which nesses nationwide by cosponsoring the scribed the incident this way to NBC: will safeguard American citizens’ Sec- BATFE Reform Act. ‘‘I thought he was going to kill me that ond Amendment rights by bringing f night. I felt completely isolated and commonsense reform to the BATFE so alone and really scared. Here I was in that it can do a better job of punishing REMEMBERING APRIL 10 IN the middle of a foreign country in the lawbreakers and keeping guns out of POLISH HISTORY middle of a war.’’ the hands of criminals, without placing The SPEAKER pro tempore. The Sergeant Gallagher did not report undue restrictions on local businesses Chair recognizes the gentlewoman from the violent assault immediately be- in this difficult economy. Ohio (Ms. KAPTUR) for 5 minutes. cause command had advised her that Our proposed legislation would make Ms. KAPTUR. Madam Speaker, I rise nothing could be done after she had re- sure that federally licensed firearms to honor the memory today of the vic- ported the coworker’s threatening be- dealers are not subject to poorly for- tims of the April 10, 2010, plane crash in havior before. Two weeks later, when mulated and unnecessary regulations Smolensk, Russia, that 1 year ago she was asked for more details of the by updating the rules and potential killed much of the Nation of Poland’s events on November 5 and 7, at that penalties governing individuals and national leadership. Last year, the point she reported the violent assault. businesses that hold a Federal firearms House and Senate overwhelmingly Command’s only response was to reas- license so they are clear and fair. passed resolutions to express America’s sign the assailant and order him to re- Our goal is to create a fair system unwavering support for the people and frain from any contact with her. She under which firearms dealers with Government of Poland, and to offer our was then lectured by the base chaplain, minor paperwork errors are no longer heartfelt sympathies for the families who claimed that 96 percent of sexual threatened with the loss of their liveli- and loved ones of those who perished. assaults on women occur when drink- hoods. Defining a willful violation is an April 10 has long been a day of mem- ing is involved. Technical Sergeant important step in clarifying the way ory for the Polish people and those of Gallagher had not been drinking during Federal firearms license holders are Polish descent, because on that day 71 any of the assaults. punished by the BATFE. Currently, the years ago the Soviets carried out a hor- This is a harrowing story, and it’s Bureau is limited in most cases to ei- rific act against the Polish people. I one of 19,000 that must be heard. Tech- ther giving a warning or totally revok- am talking about the Katyn Forest nical Sergeant Gallagher fought for us. ing a license, no matter how minor or massacre. Last year, Polish President It’s now time for us to fight for her. severe the violation. That’s the current Lech Kaczynski was leading a Polish law. But I believe that these small delegation to Russia for the 70th com- f business owners and law-abiding citi- memoration of that massacre. This was zens should not be so harshly punished to be an historic event because it was for small or even insignificant book- also to be the first time that a Russian VOTE ‘‘NO’’ ON THE ‘‘DIRTY AIR keeping errors. leader was to attend the commemora- ACT’’ Our legislation would create a new tion. The SPEAKER pro tempore. The system of penalties for Federal fire- The truth of the Katyn Forest mas- Chair recognizes the gentleman from arms license holders who commit sacre was hidden and lied about for New Mexico (Mr. HEINRICH) for 5 min- minor violations, and prevent the Bu- decades. And today, the entire world utes. reau from revoking Federal firearms li- knows that in 1940 the Soviet secret po- Mr. HEINRICH. Madam Speaker, 14 censes for minor technical violations lice were ordered by Joseph Stalin to weeks have gone by and the Republican such as improperly using abbreviations systematically round up and murder majority has still not offered a single or filing records in the wrong order. all of Poland’s officers, intellectuals, jobs package. Instead, we continue to Revocation of a license could still be national leaders, teachers, university see radical attacks on everything from an option for the BATFE to punish presidents. As many as 22,000 people Medicare to vital clean air protections. willful violation of the law, but it were killed in that heinous crime. would not be the only option. For decades, the Soviets tried to The dirty air act that we’re consid- The BATFE Reform Act would also cover up their guilt by blaming this ering today destroys the EPA’s ability make commonsense reforms to help atrocity on the Nazis. There is plenty to limit air pollution under the Clean small businesses that sell firearms. For of blame for them too, but the truth of Air Act, an unprecedented move that example, it would provide a Federal Katyn was never told. ignores scientific consensus and public firearms license holder with the time I am proud that this country and this health. Instead of creating jobs, the to liquidate their inventory if they are House have long demanded that the Republicans are asking us to pass legis- going out of business. It would also truth about the Katyn massacre be ex- lation that would put our Nation’s allow a grace period for people taking posed. In 1951, it was this House of Rep- health and safety at risk. over an existing firearms business in resentatives that established a select This radical bill also halts a measure which they can correct preexisting committee to conduct and investigate that would save American families record-keeping violations from the pre- the facts, evidence, and circumstances thousands of dollars a year in fuel vious owner and make necessary up- of the Katyn Forest massacre. One costs and make America more energy dates to the license application proce- year later, the committee unanimously independent. We must make our policy dures. concluded that the Soviets had been re- decisions based on science, not on poli- Our bill would permanently ban the sponsible. Unconscionably, the Soviets tics. creation of a centralized electronic continued to deny their actions until I would urge my colleagues to vote index of dealers’ records to protect gun President Mikhail Gorbachev made a against this dirty air act today. owners’ privacy and ensure that law- statement on April 13, 1990.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2331 We knew that the 70th commemora- things here at home is critical for our I urge my colleagues to support a nation of this atrocity was to be historic. economic diversity, our national secu- tional manufacturing strategy and But the world was further shocked that rity, and just makes common sense. urge the House leadership to bring H.R. this tragic day was to witness yet an- China’s enormous growth in manufac- 639 to the floor for a vote immediately. other obliteration of the leaders of the turing has come at America’s expense, f Polish Nation. Last April 10, the Polish and it is bad for American businesses ONE-WEEK CONTINUING President’s airliner, a Russian Tupelov and American jobs. RESOLUTION/2012 BUDGET TU–154M that had been recently over- There are many reasons for our man- hauled in Russia, crashed as it was ufacturing sector’s decline. I want to The SPEAKER pro tempore. The landing near Smolensk. Everyone on highlight two that the Obama adminis- Chair recognizes the gentleman from board, all 96 people, were killed, includ- tration and Congress can act upon Maryland (Mr. HOYER) for 5 minutes. ing Poland’s President, its first lady, today. First, we need to develop, adopt, Mr. HOYER. Madam Speaker, budg- the deputy foreign minister, the deputy and adhere to a comprehensive na- ets are not simply about dollars and defense minister, the director of national manufacturing strategy. Second, cents. They are about values and prior- tional intelligence, dozens of members we need to address China’s currency ities. And the debate over spending has of Parliament, the chiefs of staff of the manipulation and stop giving our man- revealed Republican priorities, in my Army and Navy, along with the presi- ufacturing jobs to Beijing. opinion, in the worst possible light. dent of the Polish bank. A national manufacturing strategy First, Republicans passed a spending Also on board the plane was Anna makes sense. Many developed econo- plan for the remainder of the fiscal Walentynowicz, the former dock work- mies and many of our competitors, in- year that would cripple America’s abil- er whose firing in 1980 sparked Poland’s cluding China, have them. If China is ity to out-innovate, out-educate, and heroic Solidarity strike that ulti- going to implement nationwide policies out-build its competitors. That spend- mately overthrew the Communist Gov- designed to boost specific sectors, so ing plan would cut billions in medical ernment of Poland. Ryszard should we. Our strategy should not in- and energy research, cut out support Kaczorowski, who served as Poland’s volve illegal trade practices like China, for 20,000 research scientists, kick final President in exile before the but it should involve clear objectives. 200,000 children out of Head Start, put country’s return to democracy, was We should ask ourselves the question, college out of reach for millions of killed, as well as Wojciech Seweryn, a what should the American manufac- middle class students, and end vital in- Chicago artist whose father was killed turing sector look like? I believe a di- frastructure projects in 40 States, in- in Katyn. verse, robust manufacturing sector is frastructure projects which provide I want to honor their memory today key to a strong American economy and American jobs. and the memory of all those who were critical to our national security. A consensus of nonpartisan econo- killed at Katyn. And I want to express b 1020 mists has found that the plan will cost our support for the Polish people and The strategy should also evaluate us hundreds of thousands of jobs. And the Polish Government as it seeks full what policy changes are needed to pro- Mark Zandi, Moody’s Analytics chief answers surrounding the plane crash, mote more domestic production. We economist and an adviser to Senator particularly access to the black boxes should seek the input from companies MCCAIN’s Presidential campaign, said that were taken by Russia, and the that currently choose to make their that it would cost almost 700,000 jobs. government’s other physical materials products in the U.S., and we should In addition to these skewed prior- held related to this tragedy. also consider ways to incentivize U.S. ities, Republicans are insisting that Poland is a strong U.S. ally. Polish production through our tax structure. any bill, any bill to keep the govern- leaders like Thaddeus Kosciuszko And, finally, the manufacturing ment open must also include con- helped fight for our country’s freedom strategy should establish clear metrics troversial social policy provisions that when our Republic was founded over of success over the short, medium and have little, if anything, to do with the 200 years ago. And America stood with long term. Our manufacturing sector deficit, even though their own Pledge Poland’s Solidarity movement as it has declined over the last several dec- to America promised to ‘‘end the prac- fought against the oppression of the ades, and it won’t be rebuilt overnight. tice of packaging unpopular bills with Communists. In the face of these dual But if we are going to reclaim our spot ’must-pass’ legislation,’’ bills that tragedies, at Smolensk April 10, 2010, as a leader in manufacturing, we are should pass on their merits, not as re- and Katyn in 1940, America stands with going to have to have our own roadmap lated to some extraneous issue. the liberty-loving people of Poland. for the United States manufacturing Rather than compromise with Presi- f industry. dent Obama, with the Democrats in the The second thing we should do to Senate and the House, Republicans are U.S. MANUFACTURING AND CHI- help U.S. manufacturing is address Chi- threatening, once again, to shut down NA’S CURRENCY MANIPULATION na’s currency manipulation. By devalu- government as they did in 1995. The SPEAKER pro tempore. The ing the yuan, China makes their ex- Now they tell us that they will back Chair recognizes the gentleman from ports cheaper and U.S. imports more off on their threat but only if we pass Maine (Mr. MICHAUD) for 5 minutes. expensive. a partisan, 1-week spending bill that Mr. MICHAUD. Madam Speaker, I This is unfair, and it creates an triples the ransom to keep the govern- rise today to express my concern about unlevel playing field that forces U.S. ment open. In other words, this bill the decline in U.S. manufacturing and businesses to close their doors here in contains three times the weekly cuts China’s currency manipulation. It is the United States. We cannot wait any as the last week-to-week bill did. It time our government responded to longer to take action. Diplomacy has also takes all cuts from only a small these issues by developing a national not worked, so we must seek legisla- slice of the budget. manufacturing strategy and bringing tive action. Frankly, Madam Speaker, that to the floor immediately H.R. 639, the Congress must pass the Currency Re- makes this latest bill a mockery of fis- Currency Reform for Fair Trade Act. form for Fair Trade Act immediately, cal responsibility, especially because it This chart here shows a significant and President Obama must sign it. In leaves entirely untouched for the rest drop in manufacturing employment in addition, the United States should of the year what the Secretary of De- the United States. We have lost nearly bring a WTO case against China for fense himself has called the Pentagon’s 6 million manufacturing jobs in the undervaluing its currency. We have to ‘‘culture of endless money.’’ This par- last decade alone. At our current rate, fight this blatant violation of trade law tisan patch contradicts Republicans’ it will take us 24 years to get back the through every step available to do own promises to put everything on the U.S. manufacturing jobs that we have that. table, defense spending included. lost between the year 2000 and 2010. China’s currency manipulations put Listen to their own words, as re- Just last month, a report revealed that Americans out of work and force Amer- ported by the Associated Press on Jan- United States manufacturing is now in ican businesses to close their doors. We uary 23: ‘‘The House’s new majority second place behind China. Making must act with urgency to stop that. leader, Representative ERIC CANTOR of

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2332 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Virginia, has said defense programs their real agenda: a radically ideolog- Now, the American people need to could join others on the cutting ical plan to protect giveaways to cor- know the facts. The fact is that if we board.’’ But, of course, they haven’t porations and to attack the elderly, restored the fair Clinton-era tax rates, done that. the poor, women and children of the what we had in effect before 2000, and New York Times, January 27: ‘‘Rep- country. Reaganomics drove this coun- kept all other spending at the same resentative Chris Gibson, a tea party- try to the brink of bankruptcy in the point, our deficit drops by two-thirds. endorsed freshman Republican and re- 1980s. Reaganomics drove the world That’s where we are today. In 10 years, tired Army colonel, made it clear that economy to the brink again in the it drops by two-thirds. That’s a simple no part of the Pentagon’s $550 billion Bush years, and now the Republicans plan that is very doable without de- budget, some $700 billion including the are trying for a third time to impose stroying the safety net in this country, wars in Iraq and Afghanistan, was im- their intolerance and everyone-for- without going after all the poor and mune. ‘This deficit that we have themselves economics on the American the dispossessed in this country. threatens our very way of life, and ev- people. We still have to work to lower the erything needs to be on the table.’ ’’ We need to be fiscally responsible. I deficit even more. We need the right However, they have not done that. think there are things moderate Re- priorities. And the right priorities Congressman MIKE PENCE, on Janu- publicans and Democrats can agree on, should be figuring out more ways to ary 7, said: ‘‘If we are going to put our but the Republican plan is to dismantle save on health care spending. We spend fiscal house in order, we have to be the social safety net of this country. too much for too little results. If we able to look at defense.’’ We need a b 1030 don’t deal with health care costs, this strong defense. I am a supporter of a deficit is going to be very tough to deal strong defense. But to take those dol- This is a debate we should have. with. lars off the table is irresponsible and Republicans often chuckle that win- But the Republican plan is to demon- inconsistent with the representations ning at politics is worth the cost to ize poor people and union workers. that our Republican friends have made. their conscience of being straight with Take a good look at Wisconsin. You’d Those words are sounding very hol- the public. I think we need to let citi- think all the problem in Wisconsin was low, however, today. Why are Repub- zens come to their own conclusions by because of school teachers. Now, that licans breaking their word, Madam giving them some facts. And here are blaming everyone else for the economic Speaker? Because, in my opinion, they some indisputable facts about the Re- disaster is simply to avoid the admis- know that the only way to get their publican budget plan: sion of what they have done. The Re- First, the Republican budget has conference to support this spending bill publicans take zero responsibility for mostly fictitious numbers. The media is to bribe it with a year of defense their disastrous policies and then say has picked up on the Republican num- spending left untouched and a divisive the situation they created is the reason ber of ‘‘$6 trillion in savings’’ like cat- social policy provision as well, which is why we need to implement every form nip, but the Republicans made up most what they said they would not do. of their radically failed philosophy. It’s of the numbers of the plan to get there. What we need to do is sit down and cynical. It’s ugly politics. And it’s the To create this big number, the Repub- over the next 72 hours, now over the Republican strategy. licans ignored the Congressional Budg- next 48 hours, frankly, come to com- Consider what they’re doing to sen- et Office. That’s quite a strategy. If the promise. That’s our job. ‘‘My way or iors. They’re saying to seniors: Now nonpartisan budget scorekeepers don’t the highway’’ is never going to get it you have a set of guaranteed benefits. say what the Republicans want, the Re- done. We’re going to take it away and give Finally, Republicans showed their publicans just ignore it and make up you a voucher. Go look for some health priorities in their budget for the up- their own numbers. insurance. And good luck. Secondly, the Republicans’ answer to coming fiscal year. We will have a lot the people in need is to dismantle Med- f to say about that in the days ahead. icaid and leave health care for the poor CUT AFGHANISTAN, NOT SUPPORT Their budget ends Medicare as we to the States. The Republicans will FOR SENIORS, SCHOOLCHILDREN, know it. Seniors thought that they drop millions of low-income people, AND WORKING FAMILIES were going to protect Medicare. Well, children, seniors, disabled, and preg- their way of protecting it is ending it. The SPEAKER pro tempore. The nant women off their rolls. Not only It dismantles Medicaid and other vital Chair recognizes the gentlewoman from that, those patients that are left on the programs for our seniors. We will talk California (Ms. WOOLSEY) for 5 min- rolls will get a different kind of care a lot about that in the coming days. utes. from State to State, and some of that And on top of that, it includes yet trillions Ms. WOOLSEY. Madam Speaker, my care is very bare bones. You shouldn’t more in tax cuts for the wealthiest Americans. friends on other side of the aisle re- We can do better. Rather than using our have to care about where you live if leased their budget blueprint for 2012 debt as an excuse to pass a nakedly partisan you are poor, elderly or a child in this yesterday. Let’s leave aside for the mo- agenda, we need to take a bipartisan ap- country. There are some States that ment that they’re prepared to shut proach that puts everything on the table: you don’t want to live in. down the government rather than fund Keeping our entitlement programs solvent; Third, the Republican plan does it at acceptable levels for the rest of scrutinizing our spending, defense and non- nothing, not one thing, about the hun- fiscal year 2011. If you thought H.R. 1 defense, for waste and low priorities; and dreds of billions of dollars of tax breaks was bad, wait until you see what they passing deficit-reducing tax reform. American people give corporations have in store for 2012 and the decade to Those are the hard choices and shared sac- every single year. The Republican plan come. rifices that Americans have a right to expect. even cuts more for the superrich in this It’s an appalling, radical, and reck- f country. less proposal. They want to shred the Republicans say they don’t like to social safety net and decimate the pro- NO JOBS AGENDA pick winners and losers. But they pick grams for the most vulnerable Ameri- The SPEAKER pro tempore. The winners and losers all the time when cans, the programs that they depend on Chair recognizes the gentleman from they give money to oil companies and to get through day-to-day life. They Washington (Mr. MCDERMOTT) for 5 Wall Street and then push the disabled demand sacrifice from working fami- minutes. people living in poverty off the Med- lies and the middle class, but none, no Mr. MCDERMOTT. Madam Speaker, icaid health insurance. sacrifice from special interests and the the Republicans ran on a jobs agenda; And the Republican Party does noth- big oil companies. but so far this Congress, they have not ing, not one thing, about the defense I saw a lot of words in their budget done one thing to help Americans find budget. Iraq is winding down, Afghani- proposal. But one that I don’t believe jobs. For 14 weeks, they have been run- stan is winding down, and Libya will be was mentioned a single time is ‘‘Af- ning the House with not one mention over shortly, but they don’t take one ghanistan.’’ The war in Afghanistan, in of jobs. thin dime out of the defense budget. addition to having cost us more than The Republicans have put their budg- They can’t find anything to save any- 1,500 American lives, is costing the tax- et proposal out now, and now we have place. payers nearly $7 billion a month and is

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2333 proving to be a crashing failure. This prosecuted. He should not have been. ting your fate in the hands of private war is in its 10th year, and we still The right to do obnoxious things is a insurance companies. It attacks Amer- haven’t vanquished the Taliban. We very important part of the First ica’s workers by not doing anything to still haven’t brought a stable democ- Amendment. create jobs and by gutting job training. racy to Afghanistan. And we still But what is most appalling is that It attacks America’s students by cut- haven’t trained the Afghans to take re- people purported, in the name of reli- ting education and raising college costs sponsibility for their own security. gion, then not even to do anything for nearly 10 million students. The Republicans want to cut waste- against that individual, and that would Now, no matter what side of the aisle ful, ineffective government programs. have been unjustified. I am not sug- we are on, we can all agree that deficit Well, if that is true, I suggest the ma- gesting that there is any justification reduction is important. But the ques- jority start with Afghanistan before for any violence against him. But vio- tion is how do we do it. What we can’t going after American seniors, school- lence against people in Afghanistan, do is balance the budget on the backs children, and working people. My Re- employees of the United Nations there of America’s middle class, our seniors, publican colleagues believe in limited for humanitarian reasons, other citi- our students, and our children. government as long as the things zens of Western countries, for them to But I do know some things we can’t they’re limiting are taxes paid by spe- have been assaulted and murdered by afford. At a time when middle class cial interests and investments in peo- people purporting to be acting in the families can’t pay their bills, we can’t ple who need a helping hand. When it name of religion, that is the true out- afford to keep spending billions in sub- comes to foreign invasions and decade- rage. sidies for Big Oil and giveaways for long military occupations, Republicans And I hope people will resist any special interests. At a time when our are the biggest spenders of all. temptation even to equate the two. An senior population is growing, we can’t With these priorities, not only have act of stupid and offensive bigotry afford to slash funding for nursing they lost their moral compass, they’ve against a book should be criticized. homes and put health insurance com- lost the American people as well. Re- Murder of innocent people in the name panies back in control of health care. cent polling shows that overwhelming of a religion—and it’s particularly At a time when our economy needs an majorities want to see spending on ironic that people who committed infusion of the best and brightest Medicare, Medicaid, and education in- these murders claim to be vindicating workers, we can’t afford to cut public creased or stay the same. By contrast, their religion. Indeed, no denigration of education while protecting tax breaks nearly two-thirds of Americans are fed a religion could be greater than to for companies who ship jobs overseas up with the war in Afghanistan and murder innocent people in its name. If and spending billions of dollars in tax don’t think it’s worth fighting. I were to be asked what did I think breaks on people already making up- It’s impossible, Madam Speaker, to more detracted from the image of ward of half a million dollars. take seriously any budget proposal Islam, this irresponsible publicity A budget isn’t just about dollars and that doesn’t even mention Afghanistan seeker in Florida burning a Koran or cents; it’s about priorities and values. or Iraq and doesn’t cut billions and bil- people in the name of the religion mur- And as representatives of the American lions in wasteful war spending from the dering innocent people including those people, our priorities and values should budget. who went to Afghanistan only to help, reflect their values: Jobs, a secure re- It’s time to bring our troops home. it is clearly the latter. tirement, the promise of educational It’s the right thing to do. It’s what the So, Madam Speaker, let’s be very opportunity, and the certainty that if people want. It’s a sensible, humane, clear that nothing in what happened your child is sick then you will be able and compassionate path to fiscal re- with the burning of a Koran comes to afford to see the doctor. sponsibility. close to justifying the outrageous, If you vote for this bill, then who murderous behavior of people in Af- amongst us could go home and look f ghanistan. And I am pleased that there senior citizens in the eye knowing we is attention given to this, but the con- THE FIRST AMENDMENT ended Medicare as we know it? Who demnation should be of this kind of at- could look an unemployed worker in The SPEAKER pro tempore. The tack on innocent citizens, and we the eye knowing we didn’t do anything Chair recognizes the gentleman from ought to keep this in some perspective. to create jobs? Who could look a stu- Massachusetts (Mr. FRANK) for 5 min- f dent in the eye knowing we took away utes. their opportunity to succeed with a Mr. FRANK of Massachusetts. CONGRESSMAN PAUL RYAN’S quality education? Madam Speaker, earlier this year, an BUDGET I want to reduce our deficit. I know irresponsible bigot burned a Koran in The SPEAKER pro tempore. The it’s vital for our fiscal future. But I Florida. That was a despicable act. But Chair recognizes the gentlewoman from also want to look my constituents in unfortunately, a number of far worse California (Ms. CHU) for 5 minutes. the eye and tell them I stood up for acts eventuated; that is, the murder, Ms. CHU. Yesterday, Congressman their priorities and not those of Big calculated and deliberate murder, of a PAUL RYAN introduced the Republican Oil, international corporations, and number of innocent people in Afghani- Party’s fiscal year 2012 road-to-ruin special interests. stan by people purporting to be defend- budget. The truth is we can do both. We can ing their religion against the burning We have been back to work in the get our deficit under control. And we of a book in Florida by massacring in- House for 14 weeks. And for 14 straight can do it without cuts that hurt hard- nocent civilians in Afghanistan. weeks, the Republican majority has working families. And I am pleased that people, includ- done nothing to create jobs. They ing General Petraeus and others, con- haven’t even put a single jobs bill on f demned the irresponsibility of the the House floor. In fact, their proposed Koran burning, but there needs to be spending bill for 2011 actually costs b 1040 even greater condemnation of the no- America 700,000 jobs. CONGRESSMAN PAUL RYAN’S tion that that in any way justifies Now, Congressman RYAN and the Re- PRIVATIZED FISCAL FUTURE murder. That includes a kind of con- publican leadership want to extend demnation, in my judgment, of the their job-killing policies and perma- The SPEAKER pro tempore. The President of Afghanistan, our increas- nently eliminate the middle class. The Chair recognizes the gentleman from ingly unimpressive ally Mr. Karzai, Republicans’ road to ruin is nothing Oregon (Mr. DEFAZIO) for 5 minutes. who, I believe, added to the furor there short of an attack on working families, Mr. DEFAZIO. Yesterday, PAUL RYAN by insisting that the man who burned seniors, students, and children. of Wisconsin, Republican chair of the the Koran should have been prosecuted. It attacks America’s seniors by end- Budget Committee, revealed his pro- Well, under American law, he was not ing the Medicare guarantee and put- jected future for seniors in America

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2334 CONGRESSIONAL RECORD — HOUSE April 6, 2011 and their health insurance coverage. require more health care. In PAUL I pray that our government will seek It’s very interesting. RYAN’s world, the heck with that. Your divine will in the affairs of this What he says is, starting with people In fact, the Congressional Budget Of- great Nation, the United States of who are age 55 and younger, there fice—which some days he likes when America. I ask for Your lead in every- would be no traditional Medicare. they give him answers he likes, and thing this 112th Congress will work on. That’s a pretty radical departure. But some days he doesn’t like when they Give them wisdom to make the right he says don’t worry. What we will do, give him answers he doesn’t like, but decisions that will cause all of us to be what in the Republican vision we will it’s an impartial group, bipartisan progressive and successful. do, is the government will take money group, and at this point controlled by May each Member of this House re- and it will give it to private health in- the Republicans—has said that under member the words spoken by Paul: surance companies. Seniors would be PAUL RYAN’s world, seniors, instead of ‘‘Let no one seek his own good, but the forced to go to those private health in- paying 25 percent of the costs of their good of his neighbor.’’ surance companies and buy a policy health care, which they do today and Bless them and their families with from them, and it would be offset by they would in the future if we continue good health and long life. the amount of money that the Federal Medicare, will pay 68 percent of the And let Your peace rest upon them Government gave to the private health costs of their health care. and this great Nation, as we continue insurance industry. And market dis- Now, how many people, how many to live out the words written over the cipline would prevail in the PAUL RYAN seniors in this country—other than the chair of the Speaker of the House: ‘‘In view of the world. Isn’t that a wonder- people he pals around with on Wall God we trust.’’ ful thing? Street and at the country club—but In Jesus’ name, amen. Well, guess what? We’ve got that other than them, how many of them f today. We have an unregulated health can afford to pay 68 percent of their THE JOURNAL insurance industry in this country ex- health care costs? What middle class The SPEAKER. The Chair has exam- empt from anti-trust law, unlike any American can afford that in retirement ined the Journal of the last day’s pro- other business in America. And over no matter how prudent they’ve been ceedings and announces to the House the last 10 years, premiums for people their whole life, no matter how much his approval thereof. who buy health insurance have doubled money they’ve saved in their whole Pursuant to clause 1, rule I, the Jour- in my State, pretty much the same all life? Very, very, very few. nal stands approved. around the country. Some places more So we have here a plan to enrich the Mr. POE of Texas. Mr. Speaker, pur- than doubled, other places a little bit private health insurance industry, suant to clause 1, rule I, I demand a less. But that’s over 10 years. allow them to return to all of their bad vote on agreeing to the Speaker’s ap- But in PAUL RYAN’s view of the old ways—recisions, pre-existing condi- proval of the Journal. world, that’s a success. Why is it a suc- tion exclusions and all of that—so that The SPEAKER. The question is on cess? Well, because insurance company the government can give them money. the Speaker’s approval of the Journal. profits are up very dramatically. So And he says this will save the govern- The question was taken; and the what if people are paying twice as ment a lot of money. Well, it might, Speaker announced that the ayes ap- much for their policies and they have but it’s going to kill a lot of seniors or peared to have it. more and more exclusions every year? drive them into bankruptcy, just like Mr. POE of Texas. Mr. Speaker, I ob- There’s another little problem with the days before we had Medicare. ject to the vote on the ground that a his proposal. Other than the fact that If one looks at the other Republican quorum is not present and make the this is not a competitive industry, they creation of the last decade, Medicare point of order that a quorum is not are allowed to collude, red-line people. Part D—you know, that thing where we present. They are allowed to get together and helped seniors with their pharma- The SPEAKER. Pursuant to clause 8, collude and drive up prices. They are ceutical costs, with their drug prescrip- rule XX, further proceedings on this allowed to get together and collude and tions—that wasn’t done through Medi- question will be postponed. The point of no quorum is considered decide which States they will go into care; it was done through the private withdrawn. or get out of to help their sister and insurance industry. It cost three-quar- f brother companies make more profits. ters of a trillion dollars, $650 billion— He would do nothing about that. That 650 thousand million dollars—over 10 PLEDGE OF ALLEGIANCE system would continue. years. Borrowed money. That’s PAUL The SPEAKER. Will the gentle- Then there’s the little problem that RYAN’s world. Give all the money to woman from Missouri (Mrs. HARTZLER) he would repeal so-called ObamaCare. the insurance companies. come forward and lead the House in the Well, one of the things I think most Good work, PAUL. Pledge of Allegiance. Americans liked about that legislation f Mrs. HARTZLER led the Pledge of was it prohibits insurance companies Allegiance as follows: from refusing to sell you a policy be- RECESS I pledge allegiance to the Flag of the cause you were sick once. That’s called The SPEAKER pro tempore. Pursu- United States of America, and to the Repub- a preexisting condition. It also pro- ant to clause 12(a) of rule I, the Chair lic for which it stands, one nation under God, hibits insurance companies from tak- declares the House in recess until noon indivisible, with liberty and justice for all. ing away your policy the day you get today. f sick, something called a recision. Accordingly (at 10 o’clock and 50 WELCOMING BISHOP HENRY In PAUL RYAN’s world, those things minutes a.m.), the House stood in re- FERNANDEZ are back, preexisting condition exclu- cess until noon. The SPEAKER. Without objection, sions. f the gentleman from Florida (Mr. Guess what. Aging is a preexisting b 1200 HASTINGS) is recognized for 1 minute. condition. Go out today, if you’re 55 There was no objection. years old and you’ve been sick once in AFTER RECESS Mr. HASTINGS of Florida. Mr. your life, and try to buy at any reason- The recess having expired, the House Speaker, it is with great privilege that able price a private health insurance was called to order by the Speaker at I welcome my dear friend, Bishop policy. In PAUL RYAN’s world, market noon. Henry Fernandez, as our guest chaplain discipline will take care of that. No. f for today’s opening prayer. What he’s doing is a massive shifting He is an anointed speaker, educator, of costs onto seniors, the kind of thing PRAYER accomplished author, and entre- that drove seniors into bankruptcy Bishop Henry Fernandez, The Faith preneur. Henry B. Fernandez answered back in the 1950s and 1960s and had Center, Sunrise, Florida, offered the the call of God on his life in 1985 and their poverty rate at 20 percent. That’s following prayer: later became an ordained minister in why we adopted Medicare in this coun- Heavenly Father, we thank You for 1988. try, so that seniors wouldn’t be driven this day, for truly this is the day that In July 1991, Bishop Fernandez began out of their homes and into bankruptcy the Lord has made, and we will rejoice to demonstrate his faith in God and a in their later years when most people and be glad in it. commitment to ‘‘walk by faith’’ in

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2335 every area of life when, along with his for 1 minute and to revise and extend GOVERNMENT SHUTDOWN wife, Carol, he founded the Plantation his remarks.) (Mr. BACA asked and was given per- Worship Center in the cafeteria of a Mr. MCGOVERN. Madam Speaker, we mission to address the House for 1 local elementary school in south Flor- are 1 day closer to a government shut- minute.) ida with only 11 members. Now known down, and the Republican leadership Mr. BACA. Madam Speaker, we stand as The Faith Center Ministries, the continues their obstinate crusade today on the verge of a government church makes its home in the former against everyday Americans. shutdown. Without quick action, we Sunrise Theater, where its more than If their insistence on draconian cuts will leave our seniors, our veterans, 8,000 members embrace a mission of and their blind allegiance to a govern- and vulnerable Americans everywhere ‘‘Reaching the World for Jesus.’’ ment shutdown weren’t bad enough, out in the cold. But instead of working Bishop Fernandez is an amazing in- their 2012 budget decimates SNAP and on a compromise, I state, Republicans spirational speaker, author, commu- Medicaid, food and health care assist- have introduced a budget that will dev- nity servant, and business person ance programs for the most vulnerable astate seniors while protecting tax whose work continues to manifest the people in America. breaks for the richest. freedom of worship enjoyed across our Republicans continue their efforts to Under the Republican budget, seniors Nation. Through his work, he has en- balance the budget on the backs of the in my district would lose their guaran- couraged us all to exercise faith and poor, and we must not stand for that. teed benefit under Medicare and face live victoriously. But Americans from all walks of life devastating cuts to Medicaid benefits He and his wife, Carol, have two sons, are saying enough. Over 23,000 people— for nursing home care, which now pays Seion-Zane and Elijah-Zane. members of churches, mosques, and over 48 million elderly and disabled I am truly honored to welcome my synagogues; union members and white Americans. friend and inspirational leader, Bishop collar workers; clergy and lay people— Henry Fernandez. are fasting in opposition to the draco- Seniors live on a fixed income. I state, seniors live on a fixed income. f nian Republican budget cuts. Democrats stand with those fasting They cannot afford to pay more for ANNOUNCEMENT BY THE SPEAKER in opposition to cuts to programs that health care or see cuts in their Social PRO TEMPORE make up the circle of protection, the Security or have their Medicare The SPEAKER pro tempore (Mrs. programs that protect the hungry and privatized. We must not cut their bene- MILLER of Michigan). The Chair will the most vulnerable both here at home fits in order to protect and enlarge tax entertain up to 15 further requests for and around the world. We can and we breaks for the rich and for companies 1-minute speeches from each side of the should and we must do better. that ship jobs overseas or for the oil in- aisle. I urge my Republican colleagues, dustry. f stop your assault on the poor. Stop We must control our deficit. It is your assault against the poor. wrong to balance the budget on the PAY OUR TROOPS; DON’T SHUT backs of American seniors. This is not DOWN GOVERNMENT You could read more about their efforts at www.hungerfast.org. about power; it’s about what’s good for (Mrs. HARTZLER asked and was the American people. given permission to address the House f for 1 minute and to revise and extend f her remarks.) b 1210 Mrs. HARTZLER. Madam Speaker, I LEGAL AUTHORITY FOR WAR IN SAN RAMON VALLEY HIGH rise today on behalf of men and women THE NAME OF HUMANITY? SCHOOL in uniform who won’t get paid if Sen- ator HARRY REID continues to refuse to (Mr. POE of Texas asked and was (Mr. MCNERNEY asked and was pass the continuing resolution and given permission to address the House given permission to address the House shuts down the government later this for 1 minute.) for 1 minute.) week. They deserve better. Mr. POE of Texas. Madam Speaker, Mr. MCNERNEY. Madam Speaker, I We have warriors fighting on our be- the United States is engaged in a new rise today to ask my colleagues to join half in two theatres, bravely standing concept of war. No longer will the me in recognizing the importance of strong for our ideals of freedom and United States go to war only when it is improving our Nation’s schools. I re- liberty. Meanwhile at home, their fam- in our national security interest. The cently visited the San Ramon Valley ilies are sacrificing too. Spouses are Obama Doctrine is ‘‘war in the name of High School and heard from many stu- bravely running the household and humanity.’’ dents on this important issue. I told being both mom and dad to their chil- Secretary Gates said military inter- the students then and there that I dren. vention in Libya is not necessary for would bring their message back to While they are fighting for us, the our national interest. So now we drop Washington, D.C., and share it in our Senate and the President are AWOL, bombs in countries when we self-right- Nation’s Capital. doing nothing to make sure our sol- eously decide the ruler is mean to his Today’s young people face an increas- diers are getting paid, even as the people. Is this a lawful reason, a legal ingly competitive world, and their edu- President takes us into a third war. In reason for war in Libya? cation is the foundation of our coun- fact, they’re actively promoting a My concern is that the Constitution try’s economic success. The students at shutdown because they believe it will does not give the President unilateral San Ramon Valley High School shared benefit them politically. authority to commit our military to with me the importance of high quality I say, shame on them. foreign entanglements in the vague education and teaching young people The House has proposed a CR which philosophy of humanity. There has not only how to take a test, but also funds the Defense Department for the been no prior consulting and consent of how to apply their skills in real life sit- rest of the year, ensuring our men and Congress. The War Powers Act only uations. women in uniform and their families gives the President authority to enter The students also asked that when receive their well-deserved paychecks into war without consulting Congress Congress makes decisions about the and our country is defended. when a national emergency is created Federal budget, that funding for We need to pass this bill and move by an attack on the United States, its schools and education should be a top forward and stop playing politics. Our territories or possessions, or its Armed priority. After all, investing in the edu- military deserves nothing less. Forces. cation of our young people is an invest- f There is no such national emergency. ment in our future. So what is the legal authority for mili- I urge my colleagues to listen to the GOVERNMENT SHUTDOWN tary intervention in Libya? We need thoughts and ideas of the students at (Mr. MCGOVERN asked and was some answers. Are you in, Mr. Presi- San Ramon Valley High School and the given permission to address the House dent? And that’s just the way it is. young people throughout our country.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2336 CONGRESSIONAL RECORD — HOUSE April 6, 2011 THE REPUBLICAN BUDGET pact a government shutdown will have Money for war in Iraq, war in Af- (Ms. TSONGAS asked and was given on our men and women serving over- ghanistan, war over Pakistan, war in permission to address the House for 1 seas. Recent Department of Defense Libya—so many wars going on at the minute.) memos have stated that in the event of same time you could rename our town Ms. TSONGAS. Madam Speaker, my a shutdown, our troops will be required ‘‘Warshington.’’ Money for bombs; no Republican colleagues have put forth to continue to serve our country, but money for books. Money for missiles; spending proposals that they assert they and their families will receive no no money for new moms. Money for jet promise savings. But deep cuts to compensation. fighters; no money for crime fighters. Madam Speaker, the House has Medicare, Medicaid, and the discre- Money for an empire that is as broad as passed H.R. 1, which would protect tionary budget really just shift those our fears; no money for an America these military families from being left costs onto seniors and children. I have that is as large as our hopes. Just in the cold and would keep the govern- heard from hundreds of constituents money for unnecessary wars. ment operating while making reduc- urging opposition because, to quote a We don’t want apocalypse now; we tions in spending. As we wait for action want peace now. We want jobs now. We constituent from my hometown of on that legislation from the Senate, Lowell, the impact would be ‘‘dev- want prosperity now. And we want the our troops and their families hang in leadership to provide it now. astating.’’ This dangerous game has al- the balance. ready cost private sector jobs in my We cannot allow this Washington f district as contractors wait for Con- process to threaten the operational COMMEMORATING TWO POLISH gress to pass a long-term budget. readiness of our military and dishonor ANNIVERSARIES Many in this body have proven will- the service of our soldiers. Our men ing to compromise to solve our debt (Mr. SIRES asked and was given per- and women in uniform are bravely put- mission to address the House for 1 crisis. We have already enacted $10 bil- ting themselves in harm’s way in serv- minute.) lion in spending cuts as a show of good ice to our country. We cannot let them Mr. SIRES. Madam Speaker, today I faith. But House Republicans continue down. We owe this to our troops. to insist upon ideological policy rise to stand with the Polish people as f changes that even some Senate Repub- they commemorate two horrific events licans say ‘‘go too far.’’ THE REPUBLICAN BUDGET on this Saturday, April 10. It is time for this body to listen to (Mr. CARNAHAN asked and was First, the 71st anniversary of the the American public and reject ideolog- given permission to address the House Katyn Forest massacre, and the sec- ical policies that would destroy Medi- for 1 minute.) ond, the first anniversary of the tragic care as we know it, eliminate women’s Mr. CARNAHAN. Madam Speaker, airplane crash that killed 96 people, in- health services like breast and cervical both sides here have agreed to serious cluding the Polish President and top cancer screenings, and make it easier budget cuts. The choice is between re- Polish officials. for polluters to contaminate our drink- sponsible cuts and extreme cuts that The Katyn Forest massacre occurred ing water. endanger our fragile recovery, cost during World War II in April and in jobs, and hurt seniors. And because May of 1940 while Poland was fighting f Democrats are fighting to stop the Re- a war on two fronts. The Soviet secret HONORING AND REMEMBERING publican extreme cuts, Republicans are police brutally killed over 20,000 Poles CONNECTICUT’S HEROES threatening to shut the government whose bodies were later recovered in a (Mr. MURPHY of Connecticut asked down. mass grave at Katyn. Tragically, last and was given permission to address Their proposal cuts investments in year, as a delegation of Polish officials the House for 1 minute.) projects like high-speed rail by $1.5 bil- were en route to Katyn to commemo- Mr. MURPHY of Connecticut. Madam lion, which could have a serious impact rate the massacre, their plane unex- Speaker, I rise today to honor and re- on jobs in the St. Louis region I rep- pectedly crashed in western Russia, member three brave men from my resent. And their proposal lacks the killing all aboard. common sense and courage to end tax- State who recently lost their lives in It was with great sadness that I payer giveaways to Big Oil, million- Afghanistan. PFC David Fahey of heard the news after having had the aires, and companies sending jobs over- Norwolk was killed by an IED on Feb- great honor of meeting the Polish seas. But most shockingly, as the Wall ruary 28. Sergeant 1st Class Daehan President Kaczynski in the past. His Street Journal has noted, the proposed Park of Watertown was killed by an devotion to the Polish nation and the budget would drastically cut Medicare IED on March 12. And Sergeant Frank people were immeasurable. and Medicaid, throwing our seniors Adamski of Moosup was killed in a Madam Speaker, the Polish people into crisis. The AARP has said the pro- firefight on March 29. March 29 was his over the past year and through the posal would ‘‘deny vulnerable seniors 26th birthday. course of history have been unwavering access to long-term care and force deep These three men and 1,500 others in their resilience and patriotism in cuts in quality and safety in nursing have made the ultimate sacrifice in the the face of adversity. Their courage is homes, leaving more seniors at risk.’’ admirable and inspiring. On this day, battlefields of Afghanistan. And these The Republican extreme cuts are not three losses over 30 days is a big price we stand in solidarity as they com- the solution. I urge my Republican col- memorate two occasions of great loss. to pay for a small State like Con- leagues to get serious. It’s time to roll f necticut. These brave soldiers volun- our sleeves up and work together to teered to put themselves in harm’s solve the Nation’s problems, not create b 1220 way, and they die heroes. I join my more problems by shutting the govern- REPUBLICANS SHOULD BE friends and neighbors in Connecticut in ment down. mourning the loss of these three men. ASHAMED f I wish to extend my heartfelt thanks, (Mr. RICHMOND asked and was given respect, and sympathies to their fami- NOTES FROM THE permission to address the House for 1 lies during this difficult time. ‘‘WARSHINGTON’’ UNDERGROUND minute and to revise and extend his re- f (Mr. KUCINICH asked and was given marks.) permission to address the House for 1 Mr. RICHMOND. Madam Speaker, PROTECTING COMPENSATION FOR minute.) you can tell a lot about a person by MILITARY FAMILIES Mr. KUCINICH. Here is a formula for how they treat our seniors and how (Mr. YODER asked and was given the collapse of both our economy and they treat our children. According to permission to address the House for 1 our democracy: increase spending for the 2012 budget, House Republicans do minute.) the Pentagon by $7 billion and ensure not value our seniors nor our children. Mr. YODER. Madam Speaker, I rise its budget for the rest of the fiscal They want to privatize Medicare and today to express the great concern that year. Everything else gets cut $13 bil- undo Medicaid. They will burden al- many of us have over the potential im- lion and gets a budget for just 1 week. ready cash-strapped States, and place

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2337 it in the hands of Governors. Under This government shutdown is not the tempted to redefine rape, aims to ban their plan, Governors will decide blame or the fault of the President of private insurance coverage of reproduc- whether or not you will receive health the United States or the Democrats in tive health care, and imposes tax pen- care. They are telling 50 million sen- the House or in the Senate. There has alties on plans that include care. iors to cough up the money or get off been an offer of $73 billion. It is a ques- These unprecedented provisions have the health care rolls. They are telling tion of whether or not you want to been widely debated, and it is my hope the 1.5 million Medicare and Medicaid solve this problem on the backs of that the American people will realize recipients in Louisiana that they are grandmothers and granddads, on the the severity of this bill and that their on their own. backs of the families of the military Representatives will stop it. But my According to the nonpartisan Con- persons who are on the front lines in fear is throughout this debate, a dan- gressional Budget Office, most bene- Iraq and Afghanistan. gerous provision of H.R. 3 has been ficiaries would spend more for health Do you want to throw college stu- overlooked, making permanent the care under the new proposal and could dents right out on their rear that are Medicaid abortion ban, or the Hyde get reduced quality care under the GOP right in the middle of their school term amendment. It is dangerous because if proposal that we are fighting here by canceling their Pell Grants? Do you the extreme provisions are stripped out today. want to tell mothers taking their chil- as a ‘‘compromise,’’ we are left with a Grandparents and their grand- dren to the clinic that there is no more ban that permanently bars poor women children will have less access to doc- Medicaid for them? Do you want to from accessing care, and we have still tors when they are sick. Through this turn the lights out and close the door lost. budget, we see the Republican future; and say: America, we don’t have any Let’s call the abortion ban what it and it ain’t a pretty one. To use my more values. really is: a ban on constitutionally pro- grandmother’s words, Madam Speaker: I do not want to shut this govern- tected health care that poor women Republicans, you should be ashamed of ment down. You are not going to shut cannot afford on their own. I encourage yourselves for picking on our seniors it down on my watch, if we can work my colleagues to stand with poor and our children. together. I am going to stand and fight women struggling to make ends meet around the Nation, in staunch opposi- f for values, and we’re going to pull together. We will stand and we will sur- tion to any Medicaid abortion ban and HONORING BOB YOUNG vive. However, let them shut the gov- H.R. 3. (Mr. WELCH asked and was given ernment down, if the Republicans f permission to address the House for 1 refuse to compromise. Shut it down. MISPLACED PRIORITIES IN minute and to revise and extend his re- Shut it down. But the Democrats are CONTINUING RESOLUTION marks.) going to stand for the values of pro- (Mr. MORAN asked and was given Mr. WELCH. Madam Speaker, I speak tecting the most vulnerable in Amer- permission to address the House for 1 today to honor one of Vermont’s out- ica, and we will win. minute and to revise and extend his re- standing civic and corporate leaders. f marks.) Bob Young is retiring as president of Mr. MORAN. Madam Speaker, what Central Vermont Public Service Com- REPUBLICANS NOT SENDING THE RIGHT MESSAGE we’ve elected to do is to balance prior- pany, one of Vermont’s largest and ities, and the most important are the most respected companies. (Ms. HANABUSA asked and was priorities within the budget process. When Bob Young became president, given permission to address the House The Republican budget proposal in- that utility faced many challenges. He for 1 minute and to revise and extend troduced today is a collection of mis- faced them directly: rising costs, trans- her remarks.) placed priorities because it cuts hun- mission system upgrades, a customer Ms. HANABUSA. Madam Speaker, dreds of thousands of jobs, it weakens base that wanted reliable power but there is no question the policy state- our economy, and it punishes poor peo- green power. Bob Young succeeded in ment of any legislative body, including ple. That’s not what we are about. making CVPS an award-winning com- ours, is the budget. And what are we Today, the wealthiest Americans in pany. He focused on customer service saying? I can tell you what the Repub- this country have 40 percent of our Na- and environmental concern and stew- licans are saying. The Republicans are tion’s wealth and are making more ardship, proving that green power saying they haven’t learned what than a quarter of our national income. could be reliable and affordable. It was caused the crash in 2008. They haven’t But this budget will cut their top tax a team effort. His valued employees, learned because they still want to con- rate by 15 percent. In other words, if his diligent board of directors and his tinue to give the tax breaks to the you’re making a million dollars, you’re shareholders, all were part of it. But super wealthy, and they still refuse to going to get a tax break of up to the best part was wife, Vicky, who was address the costs of the wars and what $150,000. If you’re making a billion dol- not only at his side but oftentimes a the defense budget is all about. lars a year, which more than two dozen step ahead. Instead, the Republicans want to bal- of the hedge fund managers in this You served Vermont well, and on be- ance this budget on the backs of our country do make, you will get a $150 half of a grateful Vermont, Bob and kapuna, our elderly. And they want to million tax break per year. That’s not Vicky, thank you for your service. take away from those who receive Med- what we should be about. f icaid, those who need the help of gov- Let’s look at the misplaced priorities ernment. in the continuing resolution in front of GOVERNMENT SHUTDOWN You know, this is not how a great us. The amount saved by cutting edu- (Ms. JACKSON LEE of Texas asked Nation should act. This is not what the cation, health care, environmental reg- and was given permission to address United States of America stands for. ulation, child care, cancer, and Alz- the House for 1 minute and to revise All I can say is we should be ashamed heimer’s research and all of the other and extend her remarks.) because we are better and we are not cuts in domestic, nondefense, discre- Ms. JACKSON LEE of Texas. Madam sending the right message. tionary spending, is equal to the cost Speaker, our soldiers on the front lines f of continuing the Bush tax cuts to the all over this world understand what a wealthiest Americans. Those are not DEVASTATING ANTI-CHOICE BILL fight is about. If you have ever visited the priorities of America; that them in Iraq and Afghanistan, they (Mr. QUIGLEY asked and was given shouldn’t be the priority of this Con- have values. They know about their permission to address the House for 1 gress. We can do better. We must do grandmothers and grandfathers, and minute and to revise and extend his re- better. they know about their families back marks.) f home with their children. They know Mr. QUIGLEY. Madam Speaker, I what they are fighting for. They will rise today because in a few short days NO GOVERNMENT SHUTDOWN understand that we are here fighting this body will consider an extreme and (Mr. JACKSON of Illinois asked and for values. devastating anti-choice bill. H.R. 3 at- was given permission to address the

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2338 CONGRESSIONAL RECORD — HOUSE April 6, 2011 House for 1 minute and to revise and NAYS—367 Rush Smith (TX) Walsh (IL) Ryan (OH) Smith (WA) Walz (MN) extend his remarks.) Adams Duncan (SC) Latta Ryan (WI) Southerland Wasserman Aderholt Duncan (TN) Levin Mr. JACKSON of Illinois. Madam Sarbanes Speier Schultz Akin Edwards Lewis (CA) Scalise Stark Waters Speaker, yesterday my Republican col- Alexander Ellmers Lewis (GA) Schiff Stearns Watt leagues introduced a continuing resolu- Altmire Engel Lipinski Schilling Stivers Waxman Amash Eshoo LoBiondo tion that would increase the defense Schmidt Stutzman Webster Austria Farenthold Loebsack budget for the entire year while fund- Schock Sullivan Weiner Baca Farr Lofgren, Zoe Schwartz Sutton ing the rest of the government for just Bachmann Fattah Lucas Welch Schweikert Terry West 1 week and drastically cutting just Bachus Fincher Luetkemeyer Scott (SC) Thompson (CA) Westmoreland about every other vital program. Baldwin Fitzpatrick Luja´ n Scott (VA) Thompson (MS) Whitfield Barletta Flake Lummis Scott, Austin Thompson (PA) That’s no compromise. Wilson (FL) Barrow Fleischmann Lungren, Daniel Scott, David Thornberry For months the Republicans have Bartlett Fleming E. Serrano Tiberi Wilson (SC) said that as we reduce spending every- Barton (TX) Flores Lynch Sessions Tierney Wittman one has to take a haircut, including Bass (CA) Forbes Mack Sewell Tipton Wolf Bass (NH) Fortenberry Manzullo Sherman Tonko Womack the Defense Department. But now the Becerra Foxx Marchant Shimkus Tsongas Woodall Republicans propose increasing mili- Benishek Franks (AZ) Marino Shuler Turner Woolsey tary spending. The Republicans claim Berg Gallegly Matheson Shuster Upton Wu Berkley Garamendi McCarthy (CA) they want to fund the government for Simpson Van Hollen Yarmuth Berman Gardner McCarthy (NY) Sires Visclosky Yoder the rest of the year. But this bill is for Biggert Garrett McClintock Smith (NE) Walberg Young (AK) 1 week with drastic cuts to programs Bilbray Gerlach McCollum Smith (NJ) Walden Young (IN) Bilirakis Gibbs McCotter that serve our most vulnerable. Bishop (GA) Gibson McDermott NOT VOTING—29 Bishop (NY) Madam Speaker, if you say one thing Gingrey (GA) McHenry Andrews Jordan Olver Bishop (UT) Gohmert McIntyre and then you do another, that is not Boswell King (IA) Posey Black Gonzalez McKeon negotiating in good faith. That’s not a Dingell Langevin Rohrabacher Blackburn Goodlatte McKinley real compromise. Doyle LaTourette Roybal-Allard Blumenauer Gosar McMorris Emerson Long In fact, The Washington Post re- Bonner Gowdy Rodgers Sanchez, Loretta Frelinghuysen Matsui Schakowsky ported that in the Republican caucus Bono Mack Graves (GA) McNerney Giffords McCaul Boren Graves (MO) Meehan Sensenbrenner this week, the possibility of the gov- Granger Meeks Slaughter Boustany Green, Al Mica Grijalva Murphy (PA) Young (FL) ernment shutdown was greeted with Brady (PA) Green, Gene Michaud Hinchey Nunes cheers and with applause. They want a Brady (TX) Griffin (AR) Miller (FL) Braley (IA) Griffith (VA) Miller (MI) b 1254 shutdown. Brooks Grimm Miller, Gary Over 13 million Americans are unem- Broun (GA) Guinta Miller, George Messrs. GEORGE MILLER of Cali- ployed. They don’t have time for this, Brown (FL) Guthrie Moore fornia and CRITZ, Mrs. DAVIS of Cali- Buchanan Gutierrez Mulvaney and they don’t have any more time to Bucshon Hall Murphy (CT) fornia, Messrs. JOHNSON of Illinois, waste; and we shouldn’t be wasting the Buerkle Hanabusa Myrick HUIZENGA of Michigan, HUNTER, and time and the resources that they gave Burgess Hanna Neugebauer HOYER, Ms. BASS of California, us. So if the Republicans won’t com- Burton (IN) Harper Noem Messrs. LARSON of Connecticut, Butterfield Harris Nugent promise at the negotiating table, Calvert Hartzler Nunnelee FLEMING, and SARBANES changed maybe we should get everyone down Camp Hastings (WA) Olson their vote from ‘‘yea’’ to ‘‘nay.’’ here to the floor to discuss this, to dis- Campbell Hayworth Owens Mr. HINOJOSA, Mrs. CAPPS, and Ms. Canseco Heck Palazzo ´ cuss the condition of the unemployed Cantor Heinrich Pallone VELAZQUEZ changed their vote from and to discuss why a government of, Capito Heller Pascrell ‘‘nay’’ to ‘‘yea.’’ for, and by the people should remain Cardoza Hensarling Paul So the motion to adjourn was reopen. Carnahan Herger Paulsen jected. Carney Herrera Beutler Payne Carter Higgins Pearce The result of the vote was announced f Cassidy Himes Pelosi as above recorded. Castor (FL) Hirono Pence Stated against: Chabot Holden Perlmutter MOTION TO ADJOURN Chaffetz Holt Peterson Mr. LONG. Madam Speaker, on rollcall No. Chandler Honda Petri 229, had I been present, I would have voted Mr. JACKSON of Illinois. Madam Chu Hoyer Pingree (ME) ‘‘nay.’’ Speaker, I move that the House do now Cicilline Huelskamp Pitts Mr. JORDAN. Madam Speaker, I was ab- adjourn. Clarke (MI) Huizenga (MI) Platts Cleaver Hultgren Poe (TX) sent from the House Floor during rollcall 229 The SPEAKER pro tempore. The Clyburn Hunter Polis earlier today. Had I been present, I would question is on the motion to adjourn. Coble Hurt Pompeo have voted ‘‘nay.’’ Coffman (CO) Inslee Price (GA) The question was taken; and the Cohen Israel Price (NC) f Speaker pro tempore announced that Cole Issa Quayle the noes appeared to have it. Conaway Jackson Lee Rahall PROVIDING FOR CONSIDERATION Mr. JACKSON of Illinois. Madam Connolly (VA) (TX) Rangel OF H.R. 910, ENERGY TAX PRE- Costa Jenkins Reed VENTION ACT OF 2011 Speaker, on that I demand the yeas Costello Johnson (IL) Rehberg and nays. Courtney Johnson (OH) Reichert Mr. SESSIONS. Madam Speaker, by The yeas and nays were ordered. Cravaack Johnson, E. B. Renacci direction of the Committee on Rules, I Crawford Johnson, Sam Reyes The vote was taken by electronic de- Crenshaw Jones Ribble call up House Resolution 203 and ask vice, and there were—yeas 36, nays 367, Critz Kaptur Richardson for its immediate consideration. not voting 29, as follows: Cuellar Keating Richmond The Clerk read the resolution, as fol- Culberson Kelly Rigell [Roll No. 229] Davis (CA) Kildee Rivera lows: Davis (IL) Kind Roby H. RES. 203 YEAS—36 Davis (KY) King (NY) Roe (TN) Resolved, That at any time after the adop- Ackerman Frank (MA) Nadler DeFazio Kingston Rogers (AL) tion of this resolution the Speaker may, pur- Capps Fudge Napolitano DeGette Kinzinger (IL) Rogers (KY) Capuano Hastings (FL) Neal DeLauro Kissell Rogers (MI) suant to clause 2(b) of rule XVIII, declare the Carson (IN) Hinojosa Pastor (AZ) Denham Kline Rokita House resolved into the Committee of the Clarke (NY) Jackson (IL) Peters Dent Kucinich Rooney Whole House on the state of the Union for Clay Johnson (GA) Quigley DesJarlais Labrador Ros-Lehtinen consideration of the bill (H.R. 910) to amend Conyers Lee (CA) Sa´ nchez, Linda Deutch Lamborn Roskam the Clean Air Act to prohibit the Adminis- Cooper Lowey T. Diaz-Balart Lance Ross (AR) trator of the Environmental Protection Crowley Maloney Dicks Landry Ross (FL) Schrader Cummings Markey Dold Lankford Rothman (NJ) Agency from promulgating any regulation Towns Doggett McGovern Donnelly (IN) Larsen (WA) Royce concerning, taking action relating to, or Vela´ zquez Ellison Miller (NC) Dreier Larson (CT) Runyan taking into consideration the emission of a Filner Moran Duffy Latham Ruppersberger greenhouse gas to address climate change,

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2339 and for other purposes. The first reading of and debate these 12 amendments, as op- seas to countries that understand and the bill shall be dispensed with. All points of posed to a closed rule with no amend- recognize stable, affordable and energy order against consideration of the bill are ments. policies that are vital for their eco- waived. General debate shall be confined to This legislation, introduced by the nomic growth. the bill and shall not exceed one hour equally divided and controlled by the chair and chairman of the Energy and Commerce According to a letter from the Cham- ranking minority member of the Committee Committee, the gentleman from Michi- ber of Commerce on March 9 of last on Energy and Commerce. After general de- gan (Mr. UPTON), has gone through reg- year to the Energy and Commerce bate the bill shall be considered for amend- ular order. There were hearings held on Committee: ‘‘These regulations will ment under the five-minute rule. It shall be this issue. H.R. 910 was marked up in impose significant burden across the in order to consider as an original bill for the the Energy and Commerce Committee, United States economy, including sec- purpose of amendment under the five-minute and the chairman of the Rules Com- tors that will create jobs and lead us in rule the amendment in the nature of a sub- mittee, the gentleman, Mr. DREIER, our economic recovery.’’ stitute recommended by the Committee on Additionally, the letter references Energy and Commerce now printed in the provided for a structured amendment bill. The committee amendment in the na- process for 12 additional Democrat that the American Council for Capital ture of a substitute shall be considered as amendments to be considered. Formation has ‘‘estimated that EPA’s read. All points of order against the com- The bill we are discussing today, the greenhouse gas regulations could re- mittee amendment in the nature of a sub- Energy Tax Prevention Act, would stop duce business investment between $97 stitute are waived. No amendment to the the Environmental Protection Agen- billion and $290 billion in 2011 and as committee amendment in the nature of a cy—also known as EPA—from impos- much as $309 billion in 2014,’’ a tremen- substitute shall be in order except those ing a national energy tax in the form dous hit on the economy when it comes printed in the report of the Committee on from the President of the United Rules accompanying this resolution. Each of carbon emission regulations. such amendment may be offered only in the Today, I will explain what the under- States, Barack Obama, and his admin- order printed in the report, may be offered lying bill does, and I will discuss the istration. This is not a way for Amer- only by a Member designated in the report, EPA’s agenda, what this agenda would ica or our future to be successful. shall be considered as read, shall be debat- do to the Nation’s job market and The American Coalition for Clean able for the time specified in the report economy, the need for a stronger en- Coal Electricity also references the equally divided and controlled by the pro- ergy policy from not just our Presi- American Council for Capital Forma- ponent and an opponent, shall not be subject dent, but also from the administration tion in a press release just last month to amendment, and shall not be subject to a that estimates that a greenhouse gas demand for division of the question in the and also, as the guidepost that begins House or in the Committee of the Whole. All with this legislation today, from the tax ‘‘could result in the loss of between points of order against such amendments are United States Congress on behalf of the 476,000 to 1.4 million jobs.’’ waived. At the conclusion of consideration of American people. Republicans are committed to put- the bill for amendment the Committee shall H.R. 910 prohibits the EPA from regu- ting Americans back to work, and our rise and report the bill to the House with lating greenhouse gases under the Democratic colleagues continue to pur- such amendments as may have been adopted. Clean Air Act and repeals the steps the sue a reckless agenda that puts more Any Member may demand a separate vote in agency has already taken to begin this Americans out of work, drives business the House on any amendment adopted in the process. In this bill, we only focus on overseas—all the while limiting U.S. Committee of the Whole to the bill or to the committee amendment in the nature of a greenhouse gases and we leave EPA’s energy production and use. substitute. The previous question shall be authority to monitor and regulate pol- So, Madam Speaker, today the Re- considered as ordered on the bill and amend- lutants intact. publican Party is on the floor of the ments thereto to final passage without inter- In short, the underlying bill clarifies House of Representatives with good vening motion except one motion to recom- that the Clean Air Act is not a vehicle news not just for the taxpayers but for mit with or without instructions. for regulatory taxing. The decision the American people, in particular, not The SPEAKER pro tempore. The gen- about whether and how to regulate just consumers, but those who have tleman from Texas is recognized for 1 greenhouse gases should be made by lost their job or who are under- hour. Congress and only by Congress, not the employed. We believe that what we’re Mr. SESSIONS. Madam Speaker, for regulatory body of a President who doing today is a jobs-saver bill. the purpose of debate only, I yield the wishes to place his overriding answers The House Natural Resources Com- customary 30 minutes to the gen- on unelected bureaucrats to fulfill this mittee reported last month that the tleman, my friend from Colorado (Mr. role. Obama administration policies have POLIS), pending which I yield myself caused domestic oil production to drop 1300 such time as I may consume. During b by 16 percent versus projected levels consideration of this resolution, all The EPA has been aggressively pur- and future projections show continued time yielded is for the purpose of de- suing a national cap-and-tax energy decreases in domestic production and bate only. agenda through regulation and legisla- more foreign imports to make up for GENERAL LEAVE tion for years. this difference. Mr. SESSIONS. Madam Speaker, I After cap-and-trade failed in Con- A recent Rasmussen poll from March ask unanimous consent that all Mem- gress last year, the EPA accelerated its 3, 2011, shows that three-quarters of bers have 5 legislative days to revise efforts to regulate this controversial Americans believe this country does and extend their remarks. policy through a series of new rules on not do enough to develop its own oil The SPEAKER pro tempore. Is there hundreds of thousands of buildings all and gas resources. objection to the request of the gen- across the United States. In other So whether through greenhouse gas tleman from Texas? words, because the President couldn’t regulation permit delays or permitting There was no objection. get his political agenda through Con- moratoriums, which the President Mr. SESSIONS. Madam Speaker, gress, he’s taking his political agenda stands behind in his administration, House Resolution 203 provides for a in the administration to overlay the this administration should change structured rule designated by the Rules American people. their policies and their direction. Committee for consideration of H.R. We disagree with that, and that is We must find new sources of energy 910. This rule allows for 12 amend- why we are on the floor of the House of and not tax those that exist for the ments—that is, 12 amendments, Madam Representatives today. freedom of this country. Speaker—submitted to the Rules Com- Regulating greenhouse gas emis- So while energy prices soar and con- mittee to be made in order. sions—primarily the carbon dioxide tinue to soar and projections estimate Madam Speaker, I rise today in sup- emissions that come from coal, oil, and a $5-a-gallon gasoline by summertime, port of this rule and the underlying natural gas—will increase the cost of this administration wants to inflict bill, including the open process that is everything from gasoline to household more costs on consumers. taking place, not just in the Rules utilities and, of course, groceries. The bill today would help to ease the Committee, but also on the floor, Additionally, regulating and taxing cost of energy prices. It would assist in where Members will be allowed to come emissions will ship American jobs over- the global competitiveness of America.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2340 CONGRESSIONAL RECORD — HOUSE April 6, 2011 It would help ensure that this Nation Repealing the EPA’s authority to I support this rule and the under- does not lose millions of more jobs and limit pollution would have devastating lying legislation. does not threaten the intent of the consequences. It would increase the Madam Speaker, in my opinion, when Clean Air Act. number of children and adults who suf- regulators, especially those at the No, Madam Speaker, the Republican fer from asthma. It would increase the EPA, go to work every day, they go Party is here because this is yet an- number of individuals with emphy- down the street here to one of these other opportunity at a jobs bill that is sema, lung cancer, bronchitis, and marble palaces, they get in a big room pro-consumer and pro the American many other respiratory diseases driv- with a big oak table, they drink their people who want and need to be able to ing up health care costs for all Ameri- lattes, and they sit around and say, help in a desperate time when we’re cans significantly. ‘‘Who can we regulate today?’’ because losing our jobs and things are tough For this reason, 280 groups—includ- that’s what regulators do. Regulators back home to do something positive on ing the American Heart Association, regulate. And they figure out new ways behalf of the American public. the American Public Health Associa- to regulate the entire United States, This is a bipartisan bill that provides tion and many others—sent a letter to all on the so-called premise of pro- good policy for our Nation, and we’re Congress urging us to reject measures tecting us from ourselves. In my opinion, it has nothing really asking every single Member of Con- that would block or delay the U.S. En- to do about protection, but it has to do gress to understand clearly and see this vironmental Protection Agency from about power. EPA has a power agenda for what it is. It is a jobs-protection doing its job to protect all Americans and they have a political agenda, and bill. from life-threatening air pollution. they are trying to claim it is an agenda Madam Speaker, I encourage my col- Madam Speaker, my friend from to protect all of us from ourselves. The leagues to vote ‘‘yes’’ on the rule and Texas mentioned the word ‘‘tax’’ six EPA’s regulation of greenhouse gases, the underlying bill. times in his remarks, to my count. It’s in my opinion, lacks proven scientific I reserve the balance of my time. possible I missed a couple of instances Mr. POLIS. Madam Speaker, I thank basis. And the EPA is out of control. of that word as well. And yet yesterday You know, the EPA overregulates, my friend from Texas for yielding me in committee, both Chairman UPTON and it’s driving energy businesses out the customary 30 minutes, and I yield and Ranking Member WAXMAN agreed of this country. It’s hammering the myself such time as I may consume. that the EPA does not have the statu- American energy industry, and I doubt Madam Speaker, it has been a re- tory authority to confer any taxes whether or not it is doing so with sci- markable April in the House of Rep- whatsoever. entific basis. resentatives. Last week, the majority Therefore, the name of this bill, the The United States is in an energy cri- rewrote the Constitution with a bill Energy Tax Prevention Act, is a com- sis. It’s a national security issue. And stating that one House of Congress can plete misnomer. This bill has not even what is the administration’s energy deem a law made all by itself regard- originated in or been passed out of the plan? Let’s not drill here. Let’s not less of what the Senate or the Presi- committee in Congress that has juris- drill there. We can’t drill in ANWR. We dent of the United States might think. diction in tax matters, namely, the can’t drill in any new lands in the And if that wasn’t enough, today the Ways and Means Committee. It’s a United States. We are certainly not majority is proposing to rewrite the completely inappropriate and mis- going to promote permitting in the laws of science itself, the definition of leading way to convey what this bill Gulf of Mexico at a rapid pace so that taxes, and the laws of economics. does. we can drill there. But our energy plan, Despite indisputable scientific evi- Madam Speaker, America’s science sayeth the administration, is to send dence, the Republicans are seeking to and environmental policy should be money down to Brazil and let the Bra- bar the Environmental Protection driven by science and science alone. zilians drill off of their coast so we can Agency from protecting Americans’ The EPA should be allowed to move buy their crude oil. Now, that doesn’t health and safety from what the sci- forward. And I urge my colleagues to make any sense to me. entific consensus agrees is the worst reject the rule and the underlying bill. It’s time for us to drill in the United environmental threat in the world’s I reserve the balance of my time. States safely. It’s time for America to history: global climate change. Mr. SESSIONS. Madam Speaker, I take care of America. It’s akin to telling Homeland Secu- would like to yield 3 minutes to the And that’s just the way it is. rity to stop protecting the homeland. distinguished gentleman from Beau- Mr. POLIS. Madam Speaker, it is my honor to yield 2 minutes to the gen- It denies scientific proof and logic. mont, Texas, Judge POE. Even the Supreme Court stated that tleman from Oregon (Mr. the EPA has a responsibility to act to b 1310 BLUMENAUER). keep the public safe. We’re witnessing Mr. POE of Texas. I thank the gen- PARLIAMENTARY INQUIRIES nothing less today than a full assault tleman for yielding. Mr. BLUMENAUER. Madam Speaker, on four decades of progress in pro- Madam Speaker, the EPA is on a I have a parliamentary inquiry. tecting Americans from environmental mission to destroy American industry. The SPEAKER pro tempore. The gen- dangers. Their damaging plan to regulate the tleman will state his inquiry. Madam Speaker, for nearly 40 years so-called carbon emissions will cost Mr. BLUMENAUER. Madam Speaker, the EPA and the Clean Air Act have every household in America at least when making decisions on a bill refer- protected the health of Americans from $1,600 per year. These unnecessary reg- ral, is the bill title a consideration? The SPEAKER pro tempore. The dangers both seen and unseen. Over the ulations will strangle the economy by Chair will not render an advisory opin- last 20 years, the Clean Air Act pre- driving up the cost of energy. Gasoline ion on that at this time. is $4 a gallon, will soon be $5 a gallon. vented an estimated 843,000 asthma at- Mr. BLUMENAUER. Further par- It will put more Americans out of tacks, 18 million cases of respiratory liamentary inquiry, Madam Speaker. illness among children, 672,000 cases of work, especially in the energy indus- The SPEAKER pro tempore. The gen- chronic bronchitis, 21,000 cases of heart try. tleman will state it. disease, and 200,000 premature deaths— Congress must take immediate ac- Mr. BLUMENAUER. Is it true that not only saving people from the human tion to stop the EPA and its out-of- anyone can put the word ‘‘tax’’ in the toll of dealing with illness among control concepts from ruining Amer- title of a bill even though it has noth- themselves and their family, but sav- ican industry. Earlier this year, I in- ing to do with taxes? ing the economic costs to society and troduced similar legislation to what we The SPEAKER pro tempore. The gen- individuals from all of these condi- are considering today. I introduced it tleman’s point has not been stated as a tions. during the first CR. It passed this parliamentary inquiry. Yet my colleagues on the other side House with bipartisan support. And Mr. BLUMENAUER. Madam Speaker, of the aisle want to ignore this what it would do is similar to what let me turn, if I could, to my good progress and prevent the EPA by this legislation is going to do: that friend on the Rules Committee for pur- handcuffing it and preventing it from would be to prevent the EPA’s attempt poses of yielding to a question, if he protecting us in the future. to regulate so-called greenhouse gases. would.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2341 I was just curious. I had an amend- enue Code (the ‘‘Code’’) that cross reference late methane, including cow flatulence, ment before the Rules Committee. I no- the Environmental Protection Agency and comes on the heels of a report from the ticed you waived germaneness on other the Clean Air Act. For example, Code section United Nations Food and Agriculture questions. I had an amendment sub- 40(b)(6)(E) defines cellulosic biofuel in part Organization that states: ‘‘Livestock as a liquid that meets the registration remitted that would simply ensure that quirements for fuels and fuel additives estab- are one of the most significant contrib- the bill accurately accomplished what lished by the Environmental Protection utors to today’s most serious environ- its title described. My amendment Agency under section 211 of the Clean Air mental problems. Urgent action is re- would have struck everything in the Act. quired to remedy the situation.’’ bill except the title, Energy Tax Pre- There are also additional instances in the Now, I am pretty sure if you asked vention Act, and replaced it with lan- Code that do not reference the Clean Air Act the ranchers of Florida’s Fifth District, guage that actually prevented the EPA but do require consultation with the EPA as much as they would like to regulate Administrator. For example, section 45Q, from imposing an energy tax. which provides a credit for carbon dioxide cows from passing gas for plenty of rea- Do you have any guidance as to why permanently sequestered in secure geologi- sons, some smellier than others, we this amendment was not in order? cal storage provides that ‘‘the Secretary, in just don’t have that capacity. Never- I yield to the gentleman from Texas. consultation with the Administrator of the theless, EPA wants to follow the U.N.’s Mr. SESSIONS. I appreciate the gen- Environmental Protection Agency, the Sec- lead and regulate methane. And the tleman engaging me in a colloquy, and retary of Energy, and the Secretary of the cost of that will inevitably fall upon I will just give him a straight answer. Interior, shall establish regulations for de- the backs of America’s families. We did not offer any waivers. All 12 termining adequate security measures for Madam Speaker, H.R. 910 is a good the geological storage of carbon dioxide . . . amendments offered by Democrats and important bill. were germane. This, and perhaps others such that the carbon dioxide does not escape into the atmosphere.’’ The SPEAKER pro tempore. The that were submitted to the Rules Com- Notwithstanding these and similar Code time of the gentleman has expired. mittee, were not germane to the House provisions that cross reference certain Clean Mr. SESSIONS. I yield the gentleman rules, so we did not offer any waiver. Air Act rules or require consultation with 1 additional minute. But the others that we did, the 12, were the EPA Administrator, we do not think it Mr. NUGENT. Similarly, the rule all germane and did not have to have a likely that H.R. 910 will have an effect on provided by H. Res. 203 gives us time waiver. Federal fiscal year budget receipts. for a full, comprehensive debate on the Mr. BLUMENAUER. Reclaiming my I hope that this information is helpful to you. If we can be of further assistance in this issue, and I encourage my colleagues to time, I would just note that the com- matter, please let me know. support them both. mittee did deal with germaneness in Sincerely, b 1320 terms of allowing things to go through THOMAS A. BARTHOLD, from the Energy and Commerce Com- Chief of Staff. Mr. POLIS. I yield myself 1 minute mittee. It’s unfortunate that you Mr. SESSIONS. Madam Speaker, I to respond. would not allow an amendment to at yield 3 minutes to one of our brand-new I know the gentleman from Florida least have an accurate title before the freshmen, a gentleman who is not only mentioned the cow flatulence in our Chamber for its debate. on what is called an A committee but committee meeting last night, and it It’s clear that H.R. 910 has nothing do an exclusive committee of the United sounded like a topic that bore looking with energy taxes. The bill is designed States Congress, who has had a distin- into. I did have a chance to look it up to confuse Members of Congress and guished career as a sheriff in Florida in the interim, and Fox News had re- mislead the public. As a member of the and who is a distinguished member of ported the prospect of EPA regulating Ways and Means Committee, I would the Rules Committee, the gentleman cow and livestock gas. strongly object to EPA imposing a tax from Florida (Mr. NUGENT). However, it never existed. on energy. But we all know that the Mr. NUGENT. I thank the gentleman FactCheck.org, which I looked it up on, EPA has no intention of imposing a tax from Dallas, Mr. SESSIONS. dispelled the myth and EPA itself actu- on energy. Instead, this bill will over- Madam Speaker, today I rise in sup- ally came out with a statement that rule the scientific consensus on cli- port of House Resolution 203 and the said not only is there no such regula- mate change, ignore a Supreme Court underlying legislation, H.R. 910. tion that it discussed or was in the decision. When I talk to people in Florida’s works, but even EPA admitted it’s not The SPEAKER pro tempore. The Fifth District about what we are doing under their authority to regulate that time of the gentleman has expired. here in the House of Representatives to in any way, shape or form. Mr. POLIS. I yield the gentleman an cut spending, reduce the size and scope So it is a false accusation with re- additional 30 seconds. of the Federal Government, I always gard to the issue regarding livestock. Mr. BLUMENAUER. It would ignore stress that we are just one part of the Madam Speaker, it’s my honor to a Supreme Court decision and endanger process. The House can only do so yield 2 minutes to the gentleman from the future of the planet. much. We still need the Senate and the Vermont (Mr. WELCH), a former mem- I would strongly urge a ‘‘no’’ vote on President to sign off on any legislation ber of the Rules Committee and a the rule and the underlying bill. we pass before it becomes law. This is former member of the Energy and Com- I would add, Madam Speaker, that a one of the most basic building blocks of merce Committee. He has racked up statement from the Joint Committee our government and one we’re re- quite a few former memberships. on Taxation indicates that this bill has minded of as we continue to wait on Mr. WELCH. I thank the gentleman. nothing to do with taxation. the Senate to pass a budget for this fis- Madam Speaker, today’s legislation CONGRESS OF THE UNITED STATES, cal year and to prevent a government is essentially about the very simple JOINT COMMITTEE ON TAXATION, shutdown. sounding act of abolishing the Clean Washington, DC. But the Obama administration has Air Act. Hon. EARL BLUMENAUER, decided to bypass Congress on the issue Why? How is it that we are going to House of Representatives, Rayburn House Office of greenhouse gas. Can’t pass cap-and- do this? The authors in support of this Building, Washington, DC. legislation have come to the legislative DEAR MR. BLUMENAUER: This letter is in re- tax? Push the greenhouse agenda on sponse to your request dated April 5, 2011, for the American people another way. So conclusion that global warming is a an estimate of H.R. 910, the ‘‘Energy Tax now unelected bureaucrats in the EPA hoax. Give him credit. Coming to that Prevention Act of 2011.’’ That bill limits the are trying to regulate greenhouse conclusion was a big lift. It flies in the ability of the Administrator of the Environ- gases. face of the unanimous conclusion of mental Protection Agency to use authority Among the gases the EPA is trying American scientists, 97 percent, that granted under the Clean Air Act to promul- to regulate is methane. According to global warming is real and it’s man- gate regulations or take other actions relat- EPA, 28 percent of the global methane made. ing to the emission of greenhouse gases to address climate change. emissions they classify as coming from And, you know, when you are going While the bill does not reference anything human-related activities actually come to get to that conclusion, you have to in the Internal Revenue Code, there are at from livestock. I don’t think it’s a co- follow a long-established tradition we least half a dozen places in the Internal Rev- incidence that the EPA’s move to regu- humans have, and that’s the ability to

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2342 CONGRESSIONAL RECORD — HOUSE April 6, 2011 disregard the obvious and the proven UPTON, dozens of hearings on the Clean don’t refute the information the gen- when that conflicts with what our ide- Air Act, markups, amendments, dozens tleman said, and I hope they publish ology says we want. of hearings on climate change, global more useful information about the im- You know, Aristotle was the EPA of warming and all of those issues. pact of livestock, but they are not his day. He was attacked when he said The bill before us, if the rule passes, seeking to regulate it. that the Earth was round. The world at does not change the Clean Air Act. It The gentleman said they are going to that time thought the world was flat, does not gut the Clean Air Act. It does tax cattle. Again, very clearly, Chair- and people argued with Aristotle and not in any way prevent enforcement of man UPTON, Ranking Member WAXMAN, about Aristotle for 1,500 years. the criteria pollutants that are regu- said the EPA does not have the ability Galileo became the EPA of his day lated by the Clean Air Act. It simply to impose a tax. when he said that the Earth revolved says that greenhouse gases are not to I would ask my colleague from Texas around the sun. He too was attacked be regulated under the Clean Air Act. a simple ‘‘yes’’ or ‘‘no’’ question: Does for centuries for being ‘‘wrong.’’ And the reason it says that is that the EPA have the ability to impose a Today we have unanimous, near greenhouse gases are different than the tax? unanimous, scientific conclusion that criteria pollutants that are regulated Mr. BARTON of Texas. Will the gen- global warming exists, it’s a threat to under the Clean Air Act. First of all, tleman yield? our planet, it’s a threat to our health greenhouse gases by definition are nec- Mr. POLIS. I yield to the gentleman. and, yet, as the folks who attacked Ar- essary for life. Mr. BARTON of Texas. A tax is a bur- istotle when he said the Earth was As I stand here, Madam Speaker, and den. round, as the folks who attacked speak, I am creating, as I breathe in Mr. POLIS. Reclaiming my time, it’s Galileo when he said the Earth re- and out through the respiratory proc- a simple ‘‘yes’’ or ‘‘no’’ question. If volved around the sun, the authors, in ess, CO2. So under the dictates of to- there is an additional statement the support of this legislation, deny the day’s EPA, I am a mobile source pol- gentleman would like to make, I would proven fact of global warming and luter, because I am breathing. I am cre- be happy to have him explain it on his wave it away by abolishing the Clean ating CO2. own time. My time is limited and I Air Act. This is the wrong step to be CO2, carbon dioxide, is necessary for have many speakers. taking. life. Greenhouse gases are necessary to But I would be happy to enter into a Mr. SESSIONS. Madam Speaker, protect the environment. They have dialogue with him on his time or allow there was a dialogue back and forth the ability to prevent heat from escap- him to respond to whether or not the about cows, cattle, and that the EPA ing into outer space, and that is what EPA has the ability to impose a tax. really is not after that issue. But if you creates the temperature zone that al- I yield 2 minutes to the gentleman go to the EPA Web site, epa.gov, and lows life to exist. from Illinois (Mr. QUIGLEY). you look under the portion called ‘‘Fre- The radical environmentalists who Mr. QUIGLEY. Madam Speaker, we quent Questions’’ where it deals with think CO2 is a pollutant have decided spend a lot of time these days talking livestock, in fact, the EPA is trying to amongst themselves—I don’t know how about costs—costs of regulation, costs talk about methane produced by live- they have done it—but they have de- of repeal, costs of implementation. stock. And it ends up saying, as I read cided that the magic number for CO2 in Conveniently missing from this dis- from my BlackBerry, that essentially the atmosphere should be about 350 cussion are the human costs: lives lost, 20 percent of all the methane content parts per billion. We are currently at those altered by heart attacks, asthma, in the air comes from livestock. about 380 parts per billion. and brain damage due to fine particu- Well, that’s what they want to regu- We know from records and from ice late matter in our air and mercury in late, which means they would get in samples and tree rings and things like our water. the business whether we said this or this of the past that we have had CO2 My hometown of Chicago knows this not. up in the thousands parts per billion in all too well. Chicago ranks second of Mr. POLIS. Will the gentleman the past. So how 350 has become the all cities in the country adversely af- yield? magic number is beyond me. fected by power plant pollution. Mr. SESSIONS. The gentleman will In any event, let me simply say, the b 1330 have his own time in a minute, and I’m bill before us doesn’t change one sen- sure he will be very effective. tence in the Clean Air Act. It does say Two particularly egregious emitters, But I encourage the gentleman to get that the endangerment finding was the Fisk and Crawford power plants, on his BlackBerry and go to the Web flawed, and the decision by the Obama emit fine particulate matter that di- site and look this up. They’re going to administration to regulate CO2 under rectly contribute to 41 deaths, 550 ER blame it on cattle. They’re going to tax the Clean Air Act is wrong, and it visits, and 2,800 asthma attacks annu- cattle. They’re going to tax the output should not be allowed to stand. ally. EPA estimates that fine particle because that’s what they are pro- If this Congress or future Congresses pollution from power plants shortens posing. want to regulate CO2, want to regulate the lives of 1,356 people from my home Madam Speaker, at this time I would greenhouse gases, let them bring a bill State each year. like to yield 3 minutes to the distin- forward through the normal regulatory Talk about costs. guished gentleman from Ennis, Texas process and do it. In 2001, the Harvard School of Public (Mr. BARTON). Please vote for the rule. Please vote Health put out an Illinois power plant (Mr. BARTON of Texas asked and for the bill. study. In the 8 years since these harms was given permission to revise and ex- Mr. POLIS. I yield myself 1 minute. were modeled and publicized, the Envi- tend his remarks.) Madam Speaker, it’s hard to figure ronmental Law and Policy Center esti- Mr. BARTON of Texas. Madam out where to start with regard to refut- mates the continued Fisk and Crawford Speaker, I rise in strong support of this ing some of the statements that were coal plant pollution has caused from rule and in strong support of the under- made. $750 million to $1 billion in health and lying bill. First of all, again, with regard to the environmental-related damages. I have been a member of the Energy information regarding methane emis- Even if you don’t care about global and Commerce Committee for 26, now sions on the EPA Web site, there is a warming and you don’t believe climate 27 years. I’m a past chairman. I’m a difference between a statement of fact change is manmade, you can’t argue past subcommittee chairman. I cur- and an action, and part of what the with these numbers. So if you want to rently have the title of chairman emer- EPA does is it provides good scientific talk costs, let’s talk costs. Fisk and itus. facts. Crawford power plants cost Chicagoans I participated under former Chair- They, EPA itself, concedes and says 550 ER visits per year. They cost man JOHN DINGELL, former Chairman they don’t have the authority, nor Chicagoans 2,800 asthma attacks per Billy Tauzin, former Chairman Tom should they have the authority, to year. And Fisk and Crawford power Bliley, former Chairman HENRY WAX- monitor emissions from livestock. So plants cost Chicagoans $750 million to MAN and now current Chairman FRED they will publish good information. I $1 billion in only 8 of the 50 plus years

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2343 we’ve been collecting data on these first real Republican program for the ideal scare campaign for those who pollutants. 21st century, and it is this: Repeal the would establish global governance.’’ The answer to these costs is not to 20th century.’’ And he goes on, ‘‘We are daily told of repeal the law that cleans our air, that For the life of me, I can’t understand an alleged ’consensus’ on the issue—a protects our children and allows us to why the people who caused the reces- concept actually foreign to science— remain competitive in a global market. sion be allowed to keep everything and global warming alarmists want to The answer instead is to transition while innocent workers get the bill. put disbelievers on trial. They want to away from the antiquated and outdated We all want to reduce the deficit, control our lifestyles without anyone industry that pollutes and toward Madam Speaker. How about ending our being allowed to question their cause.’’ green infrastructure that encourages occupation in Afghanistan? How about And he says, ‘‘Nowhere is Horner more domestic economic development. ending subsidies for multinational oil brilliant than in convincing the reader I urge my colleagues to oppose the companies and agribusiness? How of the odious concept of consensus tak- rule and H.R. 910, the dirty air act. about asking hedge fund managers to ing root regarding climate science, Mr. SESSIONS. Madam Speaker, I repay a fair tax rate? where alarmists and the rest of the serve the balance of my time. The Republican leadership has made global warming industry assail sci- Mr. POLIS. Madam Speaker, I yield 3 it clear that they are willing to shut entists and other experts with ad minutes to the gentleman from Massa- the government down in order to hominem campaigns to discredit them. chusetts, a colleague on the Rules achieve their right-wing, radical agen- History is ‘full of efforts to stifle inno- Committee, Mr. MCGOVERN. da. And if that happens, Madam Speak- vation by reference to unchallengeable Mr. MCGOVERN. Madam Speaker, I er—and I hope it doesn’t, and I pray it authority of consensus.’ Galileo and rise in strong opposition to this rule doesn’t—the American people need to Copernicus come quickly to mind.’’ and to the underlying legislation which know that the responsibility lies at the Madam Speaker, this shows the arro- is an assault on science and reason. In- feet of the Republican Members of this gance of our colleagues across the aisle deed, it is an assault on the very air we House. and the arrogance of the bureaucrats. breathe. My Republican friends con- Again, I urge my colleagues to reject They think that we human beings have tinue to bury their heads in the sand. this—again, another restrictive rule— more impact on the climate and the Last night in the Rules Committee, and reject the underlying legislation. world than God does. And we don’t. along with my colleagues EARL Mr. SESSIONS. Madam Speaker, my, b 1340 BLUMENAUER and PETER WELCH, I of- oh my, we’ve heard this tirade before. fered an amendment to end taxpayer If it wasn’t just Republicans and the Mr. POLIS. Madam Speaker, I yield subsidies to Big Oil, something the Re- House, which we’ve had now for about myself 1 minute. publican leadership has refused to do. 4 months, it was something else. The The gentlelady mentioned science. These subsidies have helped BP, Chev- Democrats are looking for somebody to One of the expert witnesses the Repub- ron, ConocoPhillips, ExxonMobil, and blame their woes on, their tax in- licans called for last week’s congres- Shell make a combined profit of nearly creases, their overregulation, all the sional hearing on climate science was $1 trillion over the past decade. That is big spending and the debt. Madam Professor Richard Muller of Berkeley. trillion with a ‘‘t.’’ Give me a break. Speaker, we know what it is. If they Now, this was a physicist who had got- Our amendment would have raised search quickly enough, they can find ten into the climate skeptic game. And $40 billion that would have gone out what the American people know: It I have to say, the climate skeptic game straight toward deficit reduction. Un- is pin the tail on the donkey. We know is a very lucrative one for people. Any- fortunately, but not surprisingly, our how this happened. body who finds a way to deny climate amendment was defeated on a party- Madam Speaker, I yield 3 minutes to change sells lots of books, gets booked line vote. That shows exactly where the gentlewoman from Grandfather on the conservative talk show circuit, the Republican priorities are, Madam Community, North Carolina, Dr. FOXX. and does very well for themselves. And Speaker, a radical redistribution of Ms. FOXX. I thank my colleague yet, despite the intensive economic wealth from the middle class and the from Texas for yielding time. pressure for climate scientists to deny poor to the wealthiest people and cor- Madam Speaker, our colleagues on climate change, 99 percent have stayed porations in the country. our side of the aisle have made it abun- true to the scientific method; and the Yesterday, our Republican friends dantly clear that this bill does not af- conclusion of the vast majority is that unveiled their budget proposal. That fect the Clean Air Act. What it does is climate change exists. budget takes extreme, right-wing help us rein in unelected bureaucrats Now, Professor Muller reported that trickle-down economics to new levels. who are arrogant and who believe that his group’s preliminary findings were They want to destroy Medicare as we they have all the answers to what that the global warming trend is very know it and impose a huge tax increase needs to be done in this country. similar to that reported by prior on middle class seniors through higher After listening to the debate over groups. Now, this took some courage. health care costs. They want to evis- this issue, it’s clear to me that nary a Because of his belief in science, no cerate Medicaid by turning it into a liberal here has read a book entitled doubt it hurts his own earning poten- block grant program. They want to cut ‘‘Heaven and Earth’’ by Ian Plimer, a tial. I think he had been doing very food stamps, education, infrastructure, renowned Australian geologist who well as a climate skeptic. Now he is environmental protection, and medical takes a science-based approach to dis- somebody who has put his scientific research, programs which actually cre- proving so many of the myths under- principles above his own economic ate jobs and improve the lives of Amer- lying the manmade global warming need. ican working families. theories. It is a unique, gripping, and What science tells us is not always And at the same time, my Repub- powerful book that would undoubtedly convenient. Every climate scientist lican friends want to provide massive leave a deep impression on any inde- that I know wishes that they could say tax cuts to the very wealthiest Ameri- pendent thinker. And I also want to that there is no danger from climate cans and corporations, including Big mention, Madam Speaker, another change, wishes there was no danger Oil companies that are reaping billions book, the Heartland Institute book re- from carbon emissions. Nobody wants and billions and billions of dollars in view of a book called ‘‘The Politically to be a harbinger of disaster—what a profits each year. The Republican Incorrect Guide to Global Warming and terrible thing to be—and yet they Party wants to increase health care Environmentalism’’ by Christopher value the integrity of the scientific costs for seniors in order to pay for Horner, which highlights some of the process. their tax breaks for the rich. Those are motivations for liberals to persist with [From the New York Times, Apr. 3, 2011] wrong priorities, Madam Speaker. the manmade global warming theory. THE TRUTH, STILL INCONVENIENT As Harold Meyerson wrote today in Horner tells us, ‘‘Global warming (By Paul Krugman) the Washington Post, ‘‘If it does noth- hysteria is truly the environmental- So the joke begins like this: An economist, ing else, the budget that House Repub- ist’s dream come true. It is the perfect a lawyer and a professor of marketing walk licans unveiled Tuesday provides the storm of demons and perils, and the into a room. What’s the punch line? They

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2344 CONGRESSIONAL RECORD — HOUSE April 6, 2011 were three of the five ‘‘expert witnesses’’ Re- For years now, large numbers of prominent We cannot pass this Republican ma- publicans called for last week’s Congres- scientists have been warning, with increas- jority’s anti-science, anti-innovation sional hearing on climate science. ing urgency, that if we continue with busi- bill. And let’s not forget one of their But the joke actually ended up being on ness as usual, the results will be very bad, the Republicans, when one of the two actual perhaps catastrophic. They could be wrong. top goals: continuing multi-billion dol- scientists they invited to testify went off But if you’re going to assert that they are in lar tax breaks for the oil and gas solu- script. fact wrong, you have a moral responsibility tion. Prof. Richard Muller of Berkeley, a physi- to approach the topic with high seriousness The SPEAKER pro tempore. The cist who has gotten into the climate skeptic and an open mind. After all, if the scientists time of the gentlewoman has expired. game, has been leading the Berkeley Earth are right, you’ll be doing a great deal of Mr. POLIS. I yield the gentlewoman Surface Temperature project, an effort par- damage. an additional 30 seconds. tially financed by none other than the Koch But what we had, instead of high serious- Ms. HIRONO. In my book, clean air foundation. And climate deniers—who claim ness, was a farce: a supposedly crucial hear- that researchers at NASA and other groups ing stacked with people who had no business and the health of the American people analyzing climate trends have massaged and being there and instant ostracism for a cli- trump profits for polluters every time. distorted the data—had been hoping that the mate skeptic who was actually willing to I urge my colleagues to vote against Berkeley project would conclude that global change his mind in the face of evidence. As this rule and against this bill. warming is a myth. I said, no surprise: as Upton Sinclair pointed Mr. SESSIONS. Madam Speaker, we Instead, however, Professor Muller re- out long ago, it’s difficult to get a man to are talking about 1.4 million jobs, a lot ported that his group’s preliminary results understand something when his salary de- of cattle, and a lot of bull. find a global warming trend ‘‘very similar to pends on his not understanding it. that reported by the prior groups.’’ But it’s terrifying to realize that this kind Madam Speaker, at this time I would The deniers’ response was both predictable of cynical careerism—for that’s what it is— like to yield 1 minute to the gentleman and revealing; more on that shortly. But has probably ensured that we won’t do any- from Melbourne, Florida (Mr. POSEY). first, let’s talk a bit more about that list of thing about climate change until catas- Mr. POSEY. Madam Speaker, Con- witnesses, which raised the same question I trophe is already upon us. gressman WEBSTER and I were walking and others have had about a number of com- So on second thought, I was wrong when I past the rear of the Chamber, and we mittee hearings held since the G.O.P. retook said that the joke was on the G.O.P.; actu- looked at each other kind of funny control of the House—namely, where do they ally, the joke is on the human race. after some former comments and find these people? Madam Speaker, I am proud to yield My favorite, still, was RON PAUL’s first thought we were walking by a set for 2 minutes to the gentlewoman from hearing on monetary policy, in which the comedy hour. lead witness was someone best known for Hawaii (Ms. HIRONO). I mean, I think I really heard some- Ms. HIRONO. Madam Speaker, I writing a book denouncing Abraham Lincoln body allude to the fact that we need thank the gentleman from Colorado for as a ‘‘horrific tyrant’’—and for advocating a more government regulation and for new secessionist movement as the appro- yielding me this time. priate response to the ‘‘new American I rise in opposition to this rule and to sure we need more taxes on the oil fascialistic state.’’ the underlying legislation, H.R. 910, companies, those evil oil companies, The ringers (i.e., nonscientists) at last the Energy Tax Prevention Act. In and the answer to all of our problems is week’s hearing weren’t of quite the same cal- spite of the title of this bill, it has ab- to tax them more—as if the Members of iber, but their prepared testimony still had solutely nothing to do with limiting this body and the public are stupid some memorable moments. One was the law- enough to think that at the end of the yer’s declaration that the E.P.A. can’t de- taxes on energy or taxes from the get- clare that greenhouse gas emissions are a go. This bill should be called the Dirty year, those big oil companies are just health threat, because these emissions have Air Act because it turns back the clock going to write a check for an extra been rising for a century, but public health by erasing years of advances that we zillion dollars. has improved over the same period. I am not have made in fighting air pollution and Let’s say we tax those evil oil compa- making this up. curbing greenhouse gas emissions. nies another dollar a gallon. They’re Oh, and the marketing professor, in pro- This bill ignores the clear-cut sci- not going to write the check. We know viding a list of past cases of ‘‘analogies to what’s going to happen: They’re going the alarm over dangerous manmade global entific evidence: carbon pollution is en- warming’’—presumably intended to show dangering our health and the environ- to raise the price a dollar a gallon, or, why we should ignore the worriers—included ment and that the need for urgent ac- given the corporate greed we some- problems such as acid rain and the ozone tion to address climate change is indis- times see, round it off to 2 bucks a gal- hole that have been contained precisely putable. lon. thanks to environmental regulation. This bill prevents the Environmental Corporations don’t pay taxes. Cor- But back to Professor Muller. His climate- Protection Agency, EPA, from acting porations collect taxes. They collect skeptic credentials are pretty strong: he has taxes from consumers who ultimately denounced both Al Gore and my colleague under the Clean Air Act to reduce Tom Friedman as ‘‘exaggerators,’’ and he greenhouse gas emissions unequivo- pay the tax. You add a tax to a prod- has participated in a number of attacks on cally linked to climate change. Under uct, and the consumer is going to pay climate research, including the witch hunt this bill, EPA will be prohibited from more. over innocuous e-mails from British climate enforcing common sense, and I want to The SPEAKER pro tempore. The researchers. Not surprisingly, then, climate repeat that word, commonsense protec- time of the gentleman has expired. deniers had high hopes that his new project tions against carbon dioxide pollution Mr. SESSIONS. I yield the gentleman would support their case. and other greenhouse gases. an additional 1 minute. You can guess what happened when those Since its enactment in 1970, the Mr. POSEY. I wish we would, as the hopes were dashed. Just a few weeks ago Anthony Watts, who health benefits of the Clean Air Act gentleman from Texas said, quit trying runs a prominent climate denialist Web site, have far outweighed industry’s compli- to play ‘‘Pin the Tail on the Donkey.’’ praised the Berkeley project and piously de- ance costs. Toxic and health-threat- We know corporations don’t pay taxes. clared himself ‘‘prepared to accept whatever ening air pollutants have been reduced Consumers pay taxes; corporations just result they produce, even if it proves my by 60 percent, and the world did not collect it. premise wrong.’’ But never mind: once he come to an end for corporations. In Mr. POLIS. Madam Speaker, when we knew that Professor Muller was going to fact, during this time the economy defeat the previous question, I will present those preliminary results, Mr. Watts dismissed the hearing as ‘‘post normal grew by 200 percent. offer an amendment to the rule to pro- science political theater.’’ And one of the This legislation guts the Clean Air vide that immediately after the House regular contributors on his site dismissed Act pollution standards and repeals adopts this rule, it will bring up Senate Professor Muller as ‘‘a man driven by a very EPA’s authority to limit health- bill 388, a bill that prohibits Members serious agenda.’’ threatening pollution. And for what? of Congress and the President from re- Of course, it’s actually the climate deniers For what, to protect the profits of the ceiving pay during government shut- who have the agenda, and nobody who’s been big polluters; and in so doing, this bill downs. following this discussion believed for a mo- repeals important safeguards that are It is my honor to yield 3 minutes to ment that they would accept a result con- firming global warming. But it’s worth step- needed to create American clean en- the gentleman from Virginia, a sponsor ping back for a moment and thinking not ergy jobs, reduce energy costs, reduce of a bill to do the same, Mr. MORAN. just about the science here, but about the our dependence on foreign oil, and in- Mr. MORAN. I thank my very good morality. crease our economic competitiveness. friend from Colorado.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2345 Madam Speaker, I rise in opposition Madam Speaker, this body is wasting price of oil, the United States could not be to this rule. The Federal Government its time with the legislation we are happier with the potential for a new, stable is now 6 months into fiscal year 2011 considering today. Let’s demonstrate source of energy.’’ Under the Strategic Energy Dialogue, the without a budget. We’ve created no to the public that we are willing to United States will work with Brazil ‘‘in the new jobs and, in fact, have put tens of make the same sacrifice we are asking environmentally responsible and techno- thousands of people out of work. of others. If we are going to put 800,000 logically advanced development’’ of Bra- All we’ve done is to stumble along Federal employees and our staff out on zilian oil resources, according to a White from continuing resolution to con- the street, then we ought to be out House summary of the plan. tinuing resolution. That’s no way to there with them. Take up the Moran- Administration officials also say they are run a government, let alone the most Tester bill instead of this expression of working diligently to expand U.S. oil-and- gas development. The Interior Department powerful Nation in the world. ideological extremism that is dead on Sadly, with the clock running, tick- has recently issued three deepwater drilling arrival in the Senate. That’s what we permits for the type of projects halted after ing toward the midnight hour of a gov- should be doing. last year’s Gulf oil spill. And the department ernment shutdown on Friday, agree- Mr. SESSIONS. Madam Speaker, on Monday approved an exploration plan ment on a full-year budget is nowhere there was a discussion a few minutes that paves the way to expanded Gulf drilling. to be found. We have no consensus. We ago about Republicans and oil compa- Still, it’s not the first time Republicans can’t get together. We can’t do our job. nies and a lot of very interesting com- have criticized the administration for its oil And instead, the Republicans in this ments. Yet many on our side have al- dealings with Brazil. Vitter and others railed House continue to serve up far right against a 2009 proposed $2 billion commit- luded to President Obama supporting ment from the U.S. Export-Import Bank to ideological proposals such as this the Brazilian Government and people which pretends that global warming the Brazilian oil company Petrobras to en- by supporting their oil drilling, drilling sure the purchase of U.S. goods as the com- isn’t really happening. It will block for natural resources that they have. pany explores for oil. EPA’s modest attempts to limit the The President is willing to go down and Many Republican claims about the Export- growth of greenhouse gas emissions back up a 2009 commitment to pro- Import proposal have been shown to be over- that are endangering the public’s blown. posing $2 billion from the Export-Im- health and our children’s future. Forbes ran a handy fact-check Monday on port Bank to the Brazilian company Instead of such sham political pos- Republicans’ claims about the proposed turing, this body would be far wiser to that is their energy company. Petrobras loans. And the Export-Import And I would like to quote what he bring up a bill that has already been Bank takes on Republican charges here. said, if I can, because I think it’s very passed in the Senate and sits ready for PROGRESS AND SETBACKS AT STRICKEN interesting: ‘‘At a time when we’ve JAPANESE NUKE PLANT consideration in the House today. That been reminded how easily instability in ‘‘Tokyo Electric Power Co. continued to is the Moran-Tester Government Shut- report progress in restoring order at the down Fairness Act. On the eve of a gov- other parts of the world can affect prices, the United States could not be Fukushima Daiichi nuclear reactors, but fin- ernment shutdown, with hundreds of ishing the job is turning out to be a pains- thousands of government employees happier for a new, stable source of energy.’’ taking process plagued by damaged equip- facing furloughs, and millions of Amer- ment and unexpected incidents,’’ The Wall Madam Speaker, what he just spoke icans having to forgo the essential Street Journal reports. of was the United States’ ability to services that the Federal Government COURT RULING HITS CALIFORNIA CLIMATE produce our own oil so we don’t have to provides on a daily basis, it is uncon- PROGRAM scionable that Members of Congress look to foreigners to get that done. ‘‘California did not adequately consider al- will continue to receive their pay. [From The Hill, Mar. 21, 2011] ternatives to its plan to create a cap-and- Having abdicated our responsibility OVERNIGHT ENERGY: REPUBLICANS POUNCE ON trade market for carbon emissions, a judge to do our job, to pass a budget, we OBAMA’S BRAZILIAN OIL SUPPORT ruled on Monday, throwing a wrench into the should not continue to receive a pay- (By Andrew Restuccia and Ben Geman) most aggressive U.S. effort to combat climate change,’’ Reuters reports. check. It is simply a matter of fairness, State of Play: Republicans and the oil in- U.S., CHILE STRIKE GREEN DEALS Madam Speaker. If all Americans are dustry are working to translate President going to feel the pain of a government Obama’s weekend comments in support of President Obama’s trip to South America is bearing green fruit, according to the White shutdown, then we should make sac- Brazilian oil development into political am- munition in their battle against the White House, which is touting expansion of work rifices, too. The Moran-Tester bill House’s U.S. drilling policies. with Chile on energy and climate change. would suspend Members’ pay in the The American Petroleum Institute, the The White House noted several areas of co- event of a shutdown. The Senate passed country’s most powerful oil and gas trade as- operation. Under the existing Energy and it unanimously, and so should we. It’s sociation, and Republicans, including House Climate Partnership of the Americas, ‘‘the the one thing we could agree on now Speaker John Boehner (R–Ohio), said Mon- United States intends to support the estab- and have signed by the President im- day that the administration should be doing lishment of a regional research network for mediately. That’s the vote we should more to develop U.S. oil-and-gas reserves. glacier monitoring and modeling led by Chile’s world-class researchers,’’ the White be taking today. Here’s Sen. David Vitter (R–La.), who is among the lawmakers pushing for wider U.S. House said. Now, some have argued for self-cen- offshore drilling: ‘‘It’s ridiculous to ignore ‘‘This network will inform policy and deci- tered reasons that the Moran-Tester our own resources and continue going hat-in- sionmaking by providing a more robust un- bill is unconstitutional, but that’s sim- hand to countries like Saudi Arabia and derstanding of how glacial retreat will imply a smokescreen, Madam Speaker. Brazil to beg them to produce more oil,’’ pact water security in Andean glacier coun- They know perfectly well that the Vitter said in a statement. ‘‘We need to get tries,’’ a summary states. courts decide matters of constitu- serious about developing our resources here President Obama lauded the various areas at home and working toward lower gas prices of cooperation during a press conference tionality. Further, we know that the with Chilean President Sebastian Pinera. ‘‘I only individuals with standing before and long-term energy independence.’’ But President Obama said Saturday during want to commend President Pinera for the court would be the very Members his visit to Brazil that an energy partnership agreeing to take another step, hosting a new of Congress who would be voting to with the nation will offer major benefits for center to address glacier melt in the Andes. shut down the government. the United States. Obama, in announcing a In addition, a new U.S.-Chile energy business So just consider the scene where ‘‘Strategic Energy Dialogue’’ with Brazil, council will encourage collaborations be- Members of Congress would be argu- noted that the country has nearly twice the tween our companies in areas like energy ef- ing—— oil reserves as the United States and lauded ficiency and renewable technologies,’’ The SPEAKER pro tempore. The its stability compared to some other oil-ex- Obama said at a joint news conference in porting countries. Santiago. time of the gentleman has expired. Three days ago the two nations also inked Mr. POLIS. I yield the gentleman an ‘‘We want to work with you. We want to help with technology and support to develop a formal ‘‘memorandum of understanding’’ additional 30 seconds. on peaceful uses of nuclear energy. Mr. MORAN. So I ask, Madam Speak- these oil reserves safely, and when you’re ready to start selling, we want to be one of HOUSE VOTE ON PESTICIDES LOOMS er, just to consider the scene where your best customers,’’ Obama told a group of House lawmakers will vote next week on a Members of Congress would be arguing business leaders Saturday. ‘‘At a time when bill to limit the Clean Water Act’s jurisdic- before the courts their right to be paid we’ve been reminded how easily instability tion over pesticide applications. The Hill’s while millions forgo their pay. in other parts of the world can affect the Floor Action blog reports:

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2346 CONGRESSIONAL RECORD — HOUSE April 6, 2011 The House is expected to take up legisla- A top House Democrat said military action out Texas, and Texas moving to be- tion next week that would reverse a court in Libya is motivated by oil. come the leading wind provider in the decision that said pesticide use is regulated Top lawmakers on the Senate Energy and country. Those wind turbines could be by the Clean Water Act, in addition to a fed- Commerce Committee put out a call for built in our State. Solar energy could eral pesticide law. input on the ‘‘clean energy standard.’’ The House Transportation and Infrastruc- And the Obama administration approved be expanding in our State. But a cli- ture Committee last week marked up the the first deepwater exploration plan since mate of uncertainty to which this bill bill, H.R. 872, and Republicans want to move last year’s Gulf oil spill. adds even more will interfere with the the measure quickly so it can take effect be- start-ups, with the new ideas that keep b 1350 fore April 9. That date is the deadline by us at the forefront of creating clean which the Environmental Protection Agency I reserve the balance of my time. jobs instead of sending all those jobs (EPA) is due to announce a new permitting Mr. POLIS. I yield myself 1 minute. over to China and other parts of the process for pesticides that takes the court Madam Speaker, I want to be clear ruling into account. world. Staff for Rep. Bob Gibbs (R–Ohio), who that we can in this body take up and This is a bad bill for our economy, sponsored the bill, said they expect it to be pass Senate bill 388 if we can defeat the and it is a bad bill for the future health considered next week in order to meet that previous question, and this will go di- of our country. I urge its rejection. deadline. rectly to the President’s desk. There is Mr. SESSIONS. Madam Speaker, at The bill is a reaction to a decision by the still time. this time I would like to notify the 6th Circuit Court of Appeals in the case Na- I think the American people don’t tional Cotton Council v. EPA. According to gentleman that I have no further the Transportation and Infrastructure Com- know that if government shuts down at speakers on this side. mittee, that decision vacated an EPA rule the end of the day Friday as it might— I reserve the balance of my time. that said using pesticides in compliance with it seems increasingly likely—Members Mr. POLIS. I thank the gentleman. I federal pesticide regulations means a permit of Congress will still continue to re- am the last speaker for my side, and I is not required under the Clean Water Act. ceive their paycheck. I had a tweet yield myself the balance of my time. CHAMBER TO HOST DISCUSSION ON REGULATORY from one of my constituents that said, I would like to submit into the PROCESS ‘‘If there is a government shutdown, RECORD a Nature editorial entitled, The U.S. Chamber of Commerce will host are Congressmen and Senators consid- ‘‘Into Ignorance: Vote to Overturn an an event Tuesday called ‘‘restoring balance ered essential employees?’’ Aspect of Climate Science Marks a to the regulatory process.’’ The event will I responded that we had a bill, Senate focus in part on the Obama administration’s Worrying Trend in U.S. Congress.’’ energy and environmental regulations. bill 388, that would make sure that Madam Speaker, time and time again ‘‘Tuesday’s discussion, hosted at the Members of Congress don’t get paid in we’ve heard our colleagues cry wolf and Chamber, will focus on how we implement the event of a shutdown, but Speaker make outlandish claims about what more checks and balances to improve the BOEHNER refuses to bring it to the floor the Environmental Protection Agency process and guarantee sensible regulation, of the House in spite of passing the is attempting to do. But the American while also ensuring that federal agencies are Senate unanimously. people aren’t fools. They know that held accountable to the people,’’ said Bill My constituent responded, ‘‘Maybe if every time the EPA stands up to big Kovacs, senior vice president for environment, technology and regulatory affairs at the rulemakers had to live by the same polluters, big polluters claim the sky is the Chamber. rules they created, a solution would falling. STATE DEPARTMENT, WORLD BANK LOOK TO come faster. Gridlock is not govern- That’s exactly what happened when BOOST WATER SECURITY ance.’’ the EPA tackled the acid rain problem. The State Department will mark World Madam Speaker, I yield 2 minutes to Polluters claimed new safeguards Water Day by expanding cooperation with the gentleman from Texas (Mr. would end their industries, increase the the World Bank. Secretary of State Hillary DOGGETT). price of consumer goods, and cause Rodham Clinton will sign a memorandum of Mr. DOGGETT. The next sad chapter massive job loss. In reality, acid rain understanding with the bank at its head- in Republican Fantasyland is being has been dramatically reduced and the quarters. written here today. Last month, they limits on pollution were met faster and ‘‘The MOU will strengthen support to developing countries seeking a water-secure fu- couldn’t tell the difference between Big at roughly a tenth of the cost that in- ture,’’ an advisory states. Bird and big government. Now they industry estimated—all without driving THINK TANK GETS EFFICIENT sist that dirty air is really good for us. consumer prices up. The Center for Strategic and International They live in a fact-free zone when the A recent MIT study even suggests Studies will host Obama administration offi- facts don’t support their point of view, that implementing the EPA safeguards cials and other experts at a forum on energy insisting that big polluters know best we are debating today would create 1.4 efficiency. Speakers will include Rick Duke, and that good science should be ig- million jobs as companies invent, build the deputy assistant secretary for climate nored. and install newer and cheaper pollution change. The Clean Air Act for the last 40 control tools and renewable energy. GROUP TO RELEASE NUKE POLL years has improved air quality and Rather than discussing ridiculous The Civil Society Institute will release saved hundreds of thousands of lives. and already disreputable and refuted polling that explores attitudes about nuclear Unfortunately, my home State of claims of cow flatulence and other ele- power amid the crisis at Japan’s stricken re- Texas is one of the world’s leading car- ments that aren’t even considered by actors. The poll is the ‘‘first major survey to look bon polluters, and it is also one of the the EPA, let’s discuss science and the at the views of Americans on the broad pol- leaders in condoning lawlessness by facts. icy implications of the Fukushima reactor those polluters. Foul air fouls lives and Republicans have claimed that the crisis—including support for federal loan especially young lungs. For my three EPA has found carbon dioxide to be guarantees for new U.S. reactors, the merits granddaughters and their generation, dangerous, the same gas we exhale. of shifting federal resources from nuclear to particularly for the more than 23,000 They say, how can carbon dioxide be less renewable energy alternatives and children in my home county who are dangerous? In reality, the whether or not to end federal indemnifica- suffering from asthma, we need to en- endangerment finding was based on tion of the nuclear industry against nearly all cleanup costs,’’ the group said. sure clean air, and that ought to be a sound science and found that as cli- IN CASE YOU MISSED IT ... given, not just a goal. mate change increases, so does ground- Here’s a quick roundup of Monday’s E2 sto- Science-based decisions, not ideologi- level ozone, longer pollen seasons, and ries: cally driven nonsense, should guide us. more mold allergies. These affect House Oversight and Government Reform I stand with the American Lung Asso- health problems like asthma and heart Committee Darrell Issa (R–Calif.) said the ciation and with a large number of sci- disease. Once again, Republicans were country’s nuclear reactors need to be re-ex- entists across many disciplines who oversimplifying a serious problem to amined. call for this bill’s rejection. And in its support their big polluter buddies at The Nuclear Regulatory Commission de- drive to interfere with our health, this tailed its review of U.S. reactors. the cost of public health. The Environmental Protection Agency same Republican proposal creates the Science will guide us in the right di- warned of a banned pesticide in a product very type of uncertainty that stands in rection, and science is a blind goddess. used to kill ants. the way of more job creation through- It doesn’t care what we want science to

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2347 say. What matters is what good science [From Nature] but last month said—after being pinned done actually says. INTO IGNORANCE down by a determined journalist—that he is not convinced that greenhouse-gas emissions The supporters of this legislation VOTE TO OVERTURN AN ASPECT OF CLIMATE contribute to global warming. It was yet an- SCIENCE MARKS A WORRYING TREND IN US want to present a false dichotomy that other blow to the shrinking minority of mod- CONGRESS somehow protecting the environment erate centrists in both parties. would hurt job creation. Instead, the As Nature went to press, a committee of One can only assume that Congress will exact opposite has been proven to be the US Congress was poised to pass legisla- find its way at some point, pressured by vot- true. tion that would overturn a scientific finding ers who expect more from their public serv- on the dangers of global warming. The Re- ants. In the meantime, as long as it can fend Since 1970, the economic benefits of publican-sponsored bill is intended to pre- the Clean Air Act have been shown to off this and other attacks on the EPA, Presi- vent the US Environmental Protection dent Barack Obama’s administration should outweigh all costs associated with the Agency (EPA) from regulating greenhouse- push forward with its entirely reasonable law, and the economic benefits of the gas emissions, which the agency declared a regulatory programme for reducing green- Clean Air Act are expected to reach threat to public welfare in 2009. That assess- house-gas emissions where it can, while nearly $2 trillion in 2020—exceeding ment serves as the EPA’s legal basis for reg- looking for ways to work with Congress in costs by more than 30 to 1. ulation, so repealing the ‘endangerment find- other areas. Rising oil prices should increase ing’ would eliminate its authority over That’s why a number of business or- interest in energy security, a co-benefit of greenhouse gases. the greenhouse-gas and fuel-efficiency stand- ganizations representing over 60,000 That this finding is scientifically sound ards for vehicles that were announced by the firms wrote to President Obama and had no bearing on the decision to push the administration last year. The same advice legislation, and Republicans on the House of congressional leaders urging them to applies to the rest of the world. Work with Representatives’ energy and commerce com- support the EPA’s mission and to re- the United States where possible, but don’t mittee have made clear their disdain for cli- ject efforts to block, delay or weaken wait for a sudden change of tenor in Wash- mate science. At a subcommittee hearing on implementation of the Clean Air Act. ington, DC. 14 March, anger and distrust were directed at One of the scientists testifying before In their letters, the groups note that scientists and respected scientific societies. studies consistently show that the eco- Whitfield’s subcommittee was Christopher Misinformation was presented as fact, truth Field, director of the Carnegie Institution’s nomic benefits of implementing the act was twisted and nobody showed any inclina- far exceed the costs of controlling air global ecology department in Stanford, Cali- tion to listen to scientists, let alone learn fornia. Field generously hoped that his testi- pollutant emissions. from them. It has been an embarrassing dis- mony at last week’s hearing took place ‘‘in The EPA’s rule is strictly tailored to play, not just for the Republican Party but the spirit of a genuine dialogue that is in the only the country’s biggest power plants also for Congress and the US citizens it rep- best interests of the country’’. Maybe one resents. day that hope will be justified. and industrial polluters. These safe- It is tempting to write all of this off as guards apply to about 700 of the top petty partisanship, a populist knee-jerk re- [From the New York Times, Apr. 3, 2011] polluting power plants and oil refin- action to lost jobs and rising energy prices eries, facilities that need new permits, by a well-organized minority of Republican THE TRUTH, STILL INCONVENIENT anyway, under current law. voters. After all, US polling data has consist- (By Paul Krugman) It’s been proven countless times that ently shown that, in general, the public ac- So the joke begins like this: An economist, we can protect the environment and cepts climate science. At a hearing last a lawyer and a professor of marketing walk public health and grow and strengthen week, even Ed Whitfield (Republican, Ken- into a room. What’s the punch line? They tucky), who chairs the subcommittee, were three of the five ‘‘expert witnesses’’ Re- our economy at the same time. To say seemed to distance himself from the rhetoric publicans called for last week’s Congres- otherwise simply ignores the facts. by focusing not on the science but on the sional hearing on climate science. Madam Speaker, I want to make sure economic effects of greenhouse-gas regula- But the joke actually ended up being on that no one is misled by the title of the tion. ‘‘One need not be a sceptic of global the Republicans, when one of the two actual bill we’re considering, the Energy Tax warming to be a sceptic of the EPA’s regu- scientists they invited to testify went off Prevention Act. The only amendment latory agenda,’’ said Whitfield. script. that would have actually prevented en- ‘‘The US Congress has entered the intellec- Prof. Richard Muller of Berkeley, a physi- tual wilderness.’’ cist who has gotten into the climate skeptic ergy taxes was offered by my friend Perhaps, but the legislation is fundamen- game, has been leading the Berkeley Earth from Oregon (Mr. BLUMENAUER) and tally anti-science, just as the rhetoric that Surface Temperature project, an effort par- was denied even a floor discussion and supports it is grounded in wilful ignorance. tially financed by none other than the Koch debate or a vote under this rule. The One lawmaker last week described scientists foundation. And climate deniers—who claim only thing this bill is taxing is our pa- as ‘‘elitist’’ and ‘‘arrogant’’ creatures who that researchers at NASA and other groups tience. As serious issues confront hide behind ‘‘discredited’’ institutions. An- analyzing climate trends have massaged and America, including the government other propagated the myth that in the 1970s distorted the data—had been hoping that the shutdown, the majority seems intent the scientific community warned of an im- Berkeley project would conclude that global minent ice age. Melting ice caps on Mars warming is a myth. on legislating by false bumper-sticker served to counter evidence of anthropogenic Instead, however, Professor Muller re- slogans. warming on Earth, and Antarctica was false- ported that his group’s preliminary results Madam Speaker, if we defeat the pre- ly said to be gaining ice. Several scientists find a global warming trend ‘‘very similar to vious question, I will offer an amend- were on hand—at the behest of Democrats on that reported by the prior groups.’’ ment to the rule to consider Senate bill the subcommittee—to answer questions and The deniers’ response was both predictable 388. clear things up, but many lawmakers and revealing; more on that shortly. But I ask unanimous consent to insert weren’t interested in answers, only in preju- first, let’s talk a bit more about that list of dice. witnesses, which raised the same question I the text of the amendment in the It is hard to escape the conclusion that the and others have had about a number of com- RECORD along with extraneous mate- US Congress has entered the intellectual wil- mittee hearings held since the G.O.P. retook rial immediately prior to the vote on derness, a sad state of affairs in a country control of the House—namely, where do they the previous question. that has led the world in many scientific are- find these people? The SPEAKER pro tempore. Is there nas for so long. Global warming is a thorny My favorite, still, was Ron Paul’s first objection to the request of the gen- problem, and disagreement about how to hearing on monetary policy, in which the tleman from Colorado? deal with it is understandable. It is not al- lead witness was someone best known for ways clear how to interpret data or address writing a book denouncing Abraham Lincoln There was no objection. legitimate questions. Nor is the scientific as a ‘‘horrific tyrant’’—and for advocating a Mr. POLIS. Madam Speaker, I urge process, or any given scientist, perfect. But new secessionist movement as the appro- my colleagues to vote ‘‘no’’ and defeat to deny that there is reason to be concerned, priate response to the ‘‘new American the previous question so we can debate given the decades of work by countless sci- fascialistic state.’’ and pass a bill that actually does some- entists, is irresponsible. The ringers (i.e., nonscientists) at last thing useful, ensures Members of Con- That this legislation is unlikely to become week’s hearing weren’t of quite the same cal- gress don’t get paid during a shutdown law doesn’t make it any less dangerous. It is iber, but their prepared testimony still had the attitude and ideas behind the bill that some memorable moments. One was the law- of government and has a real chance of are troublesome, and they seem to be spread- yer’s declaration that the E.P.A. can’t de- being enacted into law and signed by ing. Fred Upton, the Michigan Republican clare that greenhouse gas emissions are a President Obama, and I urge a ‘‘no’’ who chairs the full energy and commerce health threat, because these emissions have vote on the rule. committee, once endorsed climate science, been rising for a century, but public health

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2348 CONGRESSIONAL RECORD — HOUSE April 6, 2011 has improved over the same period. I am not clarifies that the Clean Air Act was Because the vote today may look bad for making this up. never designated, designed or shown to the Republican majority they will say ‘‘the Oh, and the marketing professor, in pro- be for regulating greenhouse gas emis- vote on the previous question is simply a viding a list of past cases of ‘‘analogies to sions. Thus, we would be removing au- vote on whether to proceed to an immediate the alarm over dangerous manmade global vote on adopting the resolution . . . [and] warming’’—presumably intended to show thority that the EPA has not had, has no substantive legislative or policy im- why we should ignore the worriers—included should not have, and would not have plications whatsoever.’’ But that is not what problems such as acid rain and the ozone because this Congress will not pass they have always said. Listen to the Repub- hole that have been contained precisely what is called cap-and-tax regulations. lican Leadership Manual on the Legislative thanks to environmental regulation. By gaining control of government Process in the United States House of Rep- But back to Professor Muller. His climate- spending and eliminating government resentatives, (6th edition, page 135). Here’s skeptic credentials are pretty strong: he has regulations, the private sector believes how the Republicans describe the previous denounced both Al Gore and my colleague that the Republican Congress can be question vote in their own manual: ‘‘Al- Tom Friedman as ‘‘exaggerators,’’ and he here for the interests of not only the though it is generally not possible to amend has participated in a number of attacks on taxpayer but also to make sure that the rule because the majority Member con- climate research, including the witch hunt trolling the time will not yield for the pur- over innocuous e-mails from British climate jobs and investment in this economy in pose of offering an amendment, the same re- researchers. Not surprisingly, then, climate the future are very bright. sult may be achieved by voting down the pre- deniers had high hopes that his new project I applaud my colleagues for coming vious question on the rule. . . . When the would support their case. down to help debate this bill. I encour- motion for the previous question is defeated, You can guess what happened when those age a ‘‘yes’’ vote on the rule. control of the time passes to the Member hopes were dashed. The material previously referred to who led the opposition to ordering the pre- Just a few weeks ago Anthony Watts, who by Mr. POLIS is as follows: vious question. That Member, because he runs a prominent climate denialist Web site, AN AMENDMENT TO H. RES. 203 OFFERED BY then controls the time, may offer an amend- praised the Berkeley project and piously de- MR. POLIS OF COLORADO ment to the rule, or yield for the purpose of clared himself ‘‘prepared to accept whatever At the end of the resolution, add the fol- amendment.’’ result they produce, even if it proves my In Deschler’s Procedure in the U.S. House premise wrong.’’ But never mind: once he lowing new sections: SEC. 2. Immediately upon adoption of this of Representatives, the subchapter titled knew that Professor Muller was going to resolution it shall be in order to consider in ‘‘Amending Special Rules’’ states: ‘‘a refusal present those preliminary results, Mr. Watts the House the bill (S. 388) to prohibit Mem- to order the previous question on such a rule dismissed the hearing as ‘‘post normal bers of Congress and the President from re- [a special rule reported from the Committee science political theater.’’ And one of the ceiving pay during Government shutdowns, on Rules] opens the resolution to amend- regular contributors on his site dismissed if called up by the Minority Leader or her ment and further debate.’’ (Chapter 21, sec- Professor Muller as ‘‘a man driven by a very designee. All points of order against consid- tion 21.2) Section 21.3 continues: ‘‘Upon re- serious agenda.’’ jection of the motion for the previous ques- Of course, it’s actually the climate deniers eration of the bill are waived. The bill shall be considered as read. All points of order tion on a resolution reported from the Com- who have the agenda, and nobody who’s been mittee on Rules, control shifts to the Mem- following this discussion believed for a mo- against provisions in the bill are waived. The previous question shall be considered as or- ber leading the opposition to the previous ment that they would accept a result con- question, who may offer a proper amendment firming global warming. But it’s worth step- dered on the bill to final passage without intervening motion except: (1) one hour of de- or motion and who controls the time for de- ping back for a moment and thinking not bate thereon.’’ just about the science here, but about the bate equally divided and controlled by the chair and ranking minority member of the Clearly, the vote on the previous question morality. on a rule does have substantive policy impli- For years now, large numbers of prominent Committee on House Administration; and (2) one motion to recommit. cations. It is one of the only available tools scientists have been warning, with increas- for those who oppose the Republican major- ing urgency, that if we continue with busi- SEC. 3. Clause 1(c) of rule XIX shall not apply to the consideration of S. 388. ity’s agenda and allows those with alter- ness as usual, the results will be very bad, native views the opportunity to offer an al- perhaps catastrophic. They could be wrong. (The information contained herein was ternative plan. But if you’re going to assert that they are in provided by the Republican Minority on mul- fact wrong, you have a moral responsibility Mr. SESSIONS. Madam Speaker, I tiple occasions throughout the 110th and yield back the balance of my time, and to approach the topic with high seriousness 111th Congresses.) and an open mind. After all, if the scientists I move the previous question on the THE VOTE ON THE PREVIOUS QUESTION: WHAT are right, you’ll be doing a great deal of resolution. IT REALLY MEANS damage. The SPEAKER pro tempore. The This vote, the vote on whether to order the But what we had, instead of high serious- question is on ordering the previous ness, was a farce: a supposedly crucial hear- previous question on a special rule, is not ing stacked with people who had no business merely a procedural vote. A vote against or- question. being there and instant ostracism for a cli- dering the previous question is a vote The question was taken; and the mate skeptic who was actually willing to against the Republican majority agenda and Speaker pro tempore announced that change his mind in the face of evidence. As a vote to allow the opposition, at least for the ayes appeared to have it. I said, no surprise: as Upton Sinclair pointed the moment, to offer an alternative plan. It Mr. POLIS. Madam Speaker, on that out long ago, it’s difficult to get a man to is a vote about what the House should be de- I demand the yeas and nays. understand something when his salary debating. Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. pends on his not understanding it. The SPEAKER pro tempore. Pursu- But it’s terrifying to realize that this kind House of Representatives (VI, 308–311), de- of cynical careerism—for that’s what it is— scribes the vote on the previous question on ant to clause 8 and clause 9 of rule XX, has probably ensured that we won’t do any- the rule as ‘‘a motion to direct or control the this 15-minute vote on ordering the thing about climate change until catas- consideration of the subject before the House previous question will be followed by 5- trophe is already upon us. being made by the Member in charge.’’ To minute votes on adoption of House Res- So on second thought, I was wrong when I defeat the previous question is to give the olution 203, if ordered; and approval of said that the joke was on the G.O.P.; actu- opposition a chance to decide the subject be- the Journal, if ordered. fore the House. Cannon cites the Speaker’s ally, the joke is on the human race. The vote was taken by electronic de- I yield back the balance of my time. ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the device, and there were—yeas 266, nays Mr. SESSIONS. I yield myself the mand for the previous question passes the 158, not voting 8, as follows: balance of my time. control of the resolution to the opposition’’ [Roll No. 230] Madam Speaker, I appreciate the in order to offer an amendment. On March YEAS—266 gentleman from Colorado for this won- 15, 1909, a member of the majority party of- derful discussion and debate that we’ve fered a rule resolution. The House defeated Adams Barton (TX) Blackburn Aderholt Bass (CA) Bonner had here today. the previous question and a member of the Akin Bass (NH) Bono Mack Madam Speaker, the bill we’re dis- opposition rose to a parliamentary inquiry, Alexander Benishek Boren cussing today does not weaken the asking who was entitled to recognition. Altmire Berg Boustany Clean Air Act or the regulation of air Speaker Joseph G. Cannon (R–Illinois) said: Amash Biggert Brady (TX) ‘‘The previous question having been refused, Austria Bilbray Brooks pollution. It does not interfere with the the gentleman from New York, Mr. Fitz- Bachmann Bilirakis Broun (GA) EPA’s longstanding authority to pro- gerald, who had asked the gentleman to Bachus Bishop (GA) Buchanan tect the environment. In fact, as I stat- Barletta Bishop (UT) Bucshon yield to him for an amendment, is entitled to Bartlett Black Buerkle ed in the very beginning, it simply the first recognition.’’

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2349 Burgess Hayworth Platts Hanabusa Matheson Sa´ nchez, Linda Critz Johnson, Sam Quayle Burton (IN) Heck Poe (TX) Hastings (FL) Matsui T. Culberson Jones Rahall Butterfield Heller Pompeo Heinrich McCarthy (NY) Sarbanes Davis (KY) Jordan Reed Calvert Hensarling Posey Higgins McCollum Schakowsky Denham Kelly Rehberg Camp Herger Price (GA) Himes McDermott Schiff Dent King (IA) Reichert Campbell Herrera Beutler Quayle Hinojosa McGovern Schrader DesJarlais King (NY) Renacci Canseco Hinchey Rangel Hirono McIntyre Schwartz Diaz-Balart Kingston Ribble Cantor Huelskamp Reed Holden McNerney Scott, David Dold Kinzinger (IL) Rigell Capito Huizenga (MI) Rehberg Holt Michaud Serrano Donnelly (IN) Kissell Rivera Carson (IN) Hultgren Reichert Honda Miller (NC) Sewell Dreier Kline Roby Carter Hunter Renacci Hoyer Miller, George Sherman Duffy Labrador Roe (TN) Cassidy Hurt Ribble Inslee Moore Shuler Duncan (SC) Lamborn Rogers (AL) Chabot Issa Richardson Israel Moran Sires Duncan (TN) Lance Rogers (KY) Chaffetz Jackson (IL) Richmond Jackson Lee Murphy (CT) Slaughter Ellmers Landry Rogers (MI) (TX) Emerson Chu Jenkins Rigell Nadler Smith (WA) Lankford Rohrabacher Johnson (GA) Speier Farenthold Latham Rokita Clarke (NY) Johnson (IL) Rivera Napolitano Clay Johnson (OH) Johnson, E. B. Stark Fincher LaTourette Rooney Roby Neal Cleaver Johnson, Sam Kaptur Sutton Fitzpatrick Latta Ros-Lehtinen Roe (TN) Owens Clyburn Jones Keating Thompson (CA) Flake Lewis (CA) Roskam Rogers (AL) Pallone Coble Jordan Kildee Tierney Fleischmann LoBiondo Ross (AR) Rogers (KY) Pascrell Coffman (CO) Kelly Kind Tonko Fleming Long Ross (FL) Rogers (MI) Pastor (AZ) Cole King (IA) Kissell Towns Flores Lucas Royce Rohrabacher Conaway King (NY) Kucinich Pelosi Tsongas Forbes Luetkemeyer Runyan Conyers Kingston Rokita Langevin Perlmutter Van Hollen Fortenberry Lummis Ryan (WI) Cravaack Kinzinger (IL) Rooney Larsen (WA) Peters Vela´ zquez Foxx Lungren, Daniel Scalise Crawford Kline Ros-Lehtinen Larson (CT) Pingree (ME) Visclosky Franks (AZ) E. Schilling Crenshaw Labrador Roskam Levin Polis Walz (MN) Gallegly Mack Schmidt Culberson Lamborn Ross (FL) Lewis (GA) Price (NC) Wasserman Gardner Manzullo Schock Cummings Lance Royce Lipinski Quigley Schultz Garrett Marchant Schweikert Davis (KY) Landry Runyan Loebsack Rahall Waxman Gerlach Marino Scott (SC) Denham Lankford Rush Lofgren, Zoe Reyes Weiner Gibbs Matheson Scott, Austin Dent Latham Ryan (WI) Lowey Ross (AR) Welch Gibson McCarthy (CA) Sensenbrenner DesJarlais LaTourette Scalise Luja´ n Rothman (NJ) Wilson (FL) Gingrey (GA) McCaul Sessions Diaz-Balart Latta Schilling Lynch Roybal-Allard Woolsey Gohmert McClintock Shimkus Dold Lee (CA) Schmidt Maloney Ruppersberger Wu Goodlatte McCotter Shuler Dreier Lewis (CA) Schock Markey Ryan (OH) Yarmuth Gosar McHenry Shuster Duffy LoBiondo Schweikert Gowdy McKeon Simpson Duncan (SC) Long Scott (SC) NOT VOTING—8 Granger McKinley Smith (NE) Duncan (TN) Lucas Scott (VA) Andrews Giffords Sanchez, Loretta Graves (GA) McMorris Smith (NJ) Edwards Luetkemeyer Scott, Austin Baca Meeks Young (FL) Graves (MO) Rodgers Smith (TX) Ellmers Lummis Sensenbrenner Frelinghuysen Olver Griffin (AR) Meehan Southerland Emerson Lungren, Daniel Sessions Griffith (VA) Mica Stearns Farenthold E. Shimkus Grimm Miller (FL) Stivers Fincher Mack Shuster b 1423 Guinta Miller (MI) Stutzman Guthrie Miller, Gary Sullivan Fitzpatrick Manzullo Simpson Messrs. CRITZ, INSLEE, Ms. Flake Marchant Smith (NE) Hall Mulvaney Terry Fleischmann Marino Smith (NJ) MOORE, and Ms. WOOLSEY changed Hanna Murphy (PA) Thompson (PA) Fleming McCarthy (CA) Smith (TX) their vote from ‘‘yea’’ to ‘‘nay.’’ Harper Myrick Thornberry Flores McCaul Southerland Messrs. CLEAVER, RUSH, WATT, Harris Neugebauer Tiberi Forbes McClintock Hartzler Noem Tipton Stearns SCOTT of Virginia, JACKSON of Illi- Fortenberry McCotter Stivers Hastings (WA) Nugent Turner Hayworth Foxx McHenry Stutzman nois, RICHMOND, CUMMINGS, Ms. Nunes Upton Heck Nunnelee Walberg Franks (AZ) McKeon Sullivan CHU, and Ms. BASS of California Fudge McKinley Heller Olson Walden Terry Gallegly McMorris changed their vote from ‘‘nay’’ to Hensarling Palazzo Walsh (IL) Thompson (MS) Gardner Rodgers ‘‘yea.’’ Herger Paul Webster Thompson (PA) Garrett Meehan Herrera Beutler Paulsen West Thornberry So the previous question was ordered. Gerlach Mica Holden Pearce Westmoreland Tiberi The result of the vote was announced Gibbs Miller (FL) Huelskamp Pence Whitfield Gibson Miller (MI) Tipton as above recorded. Huizenga (MI) Peterson Wilson (SC) Gingrey (GA) Miller, Gary Turner The SPEAKER pro tempore (Mr. Hultgren Petri Wittman Upton Gohmert Mulvaney WOMACK). The question is on the reso- Hunter Pitts Wolf Goodlatte Murphy (PA) Walberg Hurt Platts Womack Gosar Myrick Walden lution. Issa Poe (TX) Woodall Gowdy Neugebauer Walsh (IL) The question was taken; and the Jenkins Pompeo Yoder Granger Noem Waters Speaker pro tempore announced that Johnson (IL) Posey Young (AK) Watt Graves (GA) Nugent the ayes appeared to have it. Johnson (OH) Price (GA) Young (IN) Graves (MO) Nunes Webster Griffin (AR) Nunnelee West RECORDED VOTE NOES—172 Griffith (VA) Olson Westmoreland Mr. POLIS. Mr. Speaker, I demand a Ackerman Conyers Green, Gene Grimm Palazzo Whitfield Baldwin Cooper Grijalva Guinta Paul Wilson (SC) recorded vote. Barrow Costa Gutierrez Guthrie Paulsen Wittman A recorded vote was ordered. Bass (CA) Costello Hanabusa Hall Payne Wolf The SPEAKER pro tempore. This is a Becerra Courtney Hastings (FL) Hanna Pearce Womack 5-minute vote. Berkley Crowley Heinrich Harper Pence Woodall Bishop (NY) Cuellar Higgins Harris Peterson Yoder The vote was taken by electronic de- Blumenauer Cummings Himes Hartzler Petri Young (AK) vice, and there were—ayes 250, noes 172, Boswell Davis (CA) Hinchey Hastings (WA) Pitts Young (IN) not voting 10, as follows: Brady (PA) Davis (IL) Hinojosa Braley (IA) DeFazio Hirono NAYS—158 [Roll No. 231] Brown (FL) DeGette Holt Butterfield DeLauro Honda Ackerman Chandler Dicks AYES—250 Capps Deutch Hoyer Baldwin Cicilline Dingell Adams Bilirakis Calvert Capuano Dicks Inslee Barrow Clarke (MI) Doggett Aderholt Bishop (GA) Camp Cardoza Dingell Israel Becerra Cohen Donnelly (IN) Akin Bishop (UT) Campbell Carnahan Doggett Jackson (IL) Berkley Connolly (VA) Doyle Alexander Black Canseco Carney Doyle Jackson Lee Berman Cooper Ellison Altmire Blackburn Cantor Carson (IN) Edwards (TX) Bishop (NY) Costa Engel Amash Bonner Capito Castor (FL) Ellison Johnson (GA) Blumenauer Costello Eshoo Austria Bono Mack Carter Chandler Engel Johnson, E. B. Boswell Courtney Farr Bachmann Boren Cassidy Chu Eshoo Kaptur Brady (PA) Critz Fattah Bachus Boustany Chabot Cicilline Farr Keating Braley (IA) Crowley Filner Barletta Brady (TX) Chaffetz Clarke (MI) Fattah Kildee Brown (FL) Cuellar Frank (MA) Bartlett Brooks Coble Clarke (NY) Filner Kind Capps Davis (CA) Garamendi Barton (TX) Broun (GA) Coffman (CO) Clay Frank (MA) Kucinich Capuano Davis (IL) Gonzalez Bass (NH) Buchanan Cole Cleaver Fudge Langevin Cardoza DeFazio Green, Al Benishek Bucshon Conaway Clyburn Garamendi Larsen (WA) Carnahan DeGette Green, Gene Berg Buerkle Cravaack Cohen Gonzalez Larson (CT) Carney DeLauro Grijalva Biggert Burgess Crawford Connolly (VA) Green, Al Lee (CA) Castor (FL) Deutch Gutierrez Bilbray Burton (IN) Crenshaw

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2350 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Levin Payne Sires Courtney King (IA) Ribble Gerlach Lewis (GA) Rooney Lewis (GA) Pelosi Slaughter Crawford King (NY) Richardson Gibbs LoBiondo Ryan (OH) Lipinski Perlmutter Smith (WA) Crenshaw Kingston Richmond Gibson Loebsack Sa´ nchez, Linda Loebsack Peters Speier Critz Kissell Rigell Grijalva Lofgren, Zoe T. Lofgren, Zoe Pingree (ME) Stark Cuellar Kline Rivera Gutierrez Lynch Sarbanes Lowey Polis Sutton Culberson Labrador Roby Hanna Maloney Schakowsky ´ Lujan Price (NC) Thompson (CA) Davis (CA) Lamborn Roe (TN) Harris Matsui Schock Lynch Quigley Thompson (MS) Davis (IL) Lance Rogers (AL) Hastings (FL) McCotter Sires Maloney Rangel Heck McDermott Tierney Davis (KY) Landry Rogers (KY) Slaughter Markey Reyes DeGette Langevin Rogers (MI) Heller McGovern Tonko Stark Matsui Richardson DeLauro Lankford Rohrabacher Himes McKinley Towns Sutton McCarthy (NY) Richmond Denham Larsen (WA) Rokita Hinchey Moore Tsongas Terry McCollum Rothman (NJ) DesJarlais Larson (CT) Ros-Lehtinen Hirono Napolitano McDermott Roybal-Allard Van Hollen Deutch Latham Roskam Honda Pallone Thompson (CA) McGovern Ruppersberger Vela´ zquez Diaz-Balart LaTourette Ross (AR) Inslee Pastor (AZ) Thompson (MS) McIntyre Rush Visclosky Dicks Latta Ross (FL) Israel Pelosi Tipton McNerney Ryan (OH) Walz (MN) Dingell Levin Rothman (NJ) Jackson (IL) Perlmutter Towns Michaud Sa´ nchez, Linda Wasserman Doggett Lewis (CA) Roybal-Allard Jackson Lee Peters Visclosky Miller (NC) T. Schultz Doyle Lipinski Royce (TX) Peterson Walden Miller, George Sarbanes Waters Dreier Long Runyan Keating Platts Weiner Moore Schakowsky Watt Duncan (SC) Lowey Ruppersberger Kinzinger (IL) Rahall Wu Moran Schiff Waxman Duncan (TN) Lucas Rush Kucinich Reed Young (AK) Nadler Schrader Weiner Edwards Luetkemeyer Ryan (WI) Lee (CA) Renacci Napolitano Schwartz ´ Welch Ellison Lujan Scalise ANSWERED ‘‘PRESENT’’—1 Neal Scott (VA) Wilson (FL) Ellmers Lummis Schiff Owens Scott, David Woolsey Emerson Lungren, Daniel Schilling Amash Pallone Serrano Wu Engel E. Schmidt Pascrell Sewell NOT VOTING—12 Yarmuth Eshoo Mack Schrader Pastor (AZ) Sherman Farenthold Manzullo Schwartz Andrews Gohmert Olver Fattah Marino Schweikert Frelinghuysen Johnson (GA) Owens NOT VOTING—10 Fincher Markey Scott (SC) Giffords Marchant Sanchez, Loretta Andrews Giffords Sanchez, Loretta Flake Matheson Scott (VA) Gingrey (GA) Meeks Young (FL) Baca Meeks Young (FL) Fleischmann McCarthy (CA) Scott, Austin Berman Murphy (CT) Fleming McCarthy (NY) Scott, David b 1439 Frelinghuysen Olver Flores McCaul Sensenbrenner Mr. DOLD changed his vote from Forbes McClintock Serrano ‘‘yea’’ to ‘‘nay.’’ b 1431 Fortenberry McCollum Sessions Franks (AZ) McHenry Sewell So the Journal was approved. So the resolution was agreed to. Gallegly McIntyre Sherman The result of the vote was announced The result of the vote was announced Garamendi McKeon Shimkus as above recorded. Gonzalez McMorris Shuler as above recorded. Goodlatte Rodgers Shuster f A motion to reconsider was laid on Gosar McNerney Simpson PERSONAL EXPLANATION the table. Gowdy Meehan Smith (NE) Granger Mica Smith (NJ) Mr. ANDREWS. Mr. Speaker, on rollcall No. f Graves (GA) Michaud Smith (TX) 229 on a motion to adjourn, I am not recorded Graves (MO) Miller (FL) Smith (WA) because I was absent. Had I been present, I THE JOURNAL Green, Al Miller (MI) Southerland Green, Gene Miller (NC) Speier would have voted ‘‘aye.’’ The SPEAKER pro tempore. Pursu- Griffin (AR) Miller, Gary Stearns Mr. Speaker on rollcall No. 230 on ordering ant to clause 8 of rule XX, the unfin- Griffith (VA) Miller, George Stivers the previous question (H.R. 910), I am not re- ished business is the question on agree- Grimm Moran Stutzman Guinta Mulvaney Sullivan corded because I was absent. Had I been ing to the Speaker’s approval of the Guthrie Murphy (CT) Thompson (PA) present, I would have voted ‘‘nay.’’ Journal, which the Chair will put de Hall Murphy (PA) Thornberry Mr. Speaker on rollcall No. 231 on H. Res. novo. Hanabusa Myrick Tiberi 203, I am not recorded because I was absent. Harper Nadler Tierney The question is on the Speaker’s ap- Hartzler Neal Tonko Had I been present, I would have voted, proval of the Journal. Hastings (WA) Neugebauer Tsongas ‘‘nay.’’ The question was taken; and the Hayworth Noem Turner Mr. Speaker on rollcall No. 232 on the Jour- Speaker pro tempore announced that Heinrich Nugent Upton nal, I am not recorded because I was absent. Hensarling Nunes Van Hollen the ayes appeared to have it. Herger Nunnelee Vela´ zquez Had I been present, I would have voted, Mr. MCGOVERN. Mr. Speaker, on Herrera Beutler Olson Walberg ‘‘nay.’’ that I demand the yeas and nays. Higgins Palazzo Walsh (IL) f Hinojosa Pascrell Walz (MN) The yeas and nays were ordered. Holden Paul Wasserman GENERAL LEAVE The SPEAKER pro tempore. This is a Holt Paulsen Schultz 5-minute vote. Hoyer Payne Waters Mr. UPTON. Mr. Speaker, I ask unan- The vote was taken by electronic de- Huelskamp Pearce Watt imous consent that all Members may Huizenga (MI) Pence Waxman have 5 legislative days to revise and ex- vice, and there were—yeas 321, nays 98, Hultgren Petri Webster tend their remarks on the legislation answered ‘‘present’’ 1, not voting 12, as Hunter Pingree (ME) Welch that we are about to take up, H.R. 910, follows: Hurt Pitts West Issa Poe (TX) Westmoreland and to insert extraneous material on [Roll No. 232] Jenkins Polis Whitfield the bill. YEAS—321 Johnson (IL) Pompeo Wilson (FL) The SPEAKER pro tempore (Mr. Johnson (OH) Posey Wilson (SC) Adams Bishop (UT) Cantor Johnson, E. B. Price (GA) Wittman NUGENT). Is there objection to the re- Aderholt Black Capito Johnson, Sam Price (NC) Wolf quest of the gentleman from Michigan? Akin Blackburn Capps Jones Quayle Womack There was no objection. Alexander Blumenauer Carnahan Jordan Quigley Woodall Austria Bonner Carney Kaptur Rangel Woolsey f Baca Bono Mack Carson (IN) Kelly Rehberg Yarmuth ENERGY TAX PREVENTION ACT OF Bachmann Boren Carter Kildee Reichert Yoder Bachus Boustany Cassidy Kind Reyes Young (IN) 2011 Barletta Brady (TX) Castor (FL) The SPEAKER pro tempore. Pursu- Barrow Braley (IA) Chabot NAYS—98 Bartlett Brooks Chaffetz ant to House Resolution 203 and rule Barton (TX) Broun (GA) Chandler Ackerman Clarke (MI) Dold XVIII, the Chair declares the House in Bass (NH) Brown (FL) Cicilline Altmire Clarke (NY) Donnelly (IN) the Committee of the Whole House on Becerra Buchanan Clay Baldwin Cleaver Duffy Benishek Bucshon Coble Bass (CA) Clyburn Farr the state of the Union for the consider- Berg Buerkle Coffman (CO) Bishop (NY) Conyers Filner ation of the bill, H.R. 910. Berkley Burton (IN) Cohen Boswell Costa Fitzpatrick Berman Butterfield Cole Brady (PA) Cravaack Foxx b 1441 Biggert Calvert Conaway Burgess Crowley Frank (MA) IN THE COMMITTEE OF THE WHOLE Bilbray Camp Connolly (VA) Capuano Cummings Fudge Bilirakis Campbell Cooper Cardoza DeFazio Gardner Accordingly, the House resolved Bishop (GA) Canseco Costello Chu Dent Garrett itself into the Committee of the Whole

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2351 House on the state of the Union for the ment to retrofit their facilities. We all We need an energy policy based on consideration of the bill (H.R. 910) to know the costs have nowhere to go ex- science, not science fiction. With oil at amend the Clean Air Act to prohibit cept on families’ and businesses’ $100 per barrel and rising, the Middle the Administrator of the Environ- monthly utility bills. East in turmoil and a nuclear crisis in mental Protection Agency from pro- And it is about gas prices. The refin- Japan, we urgently need clean energy mulgating any regulation concerning, ers that turn oil into gasoline will also policies. We need more vehicles that taking action relating to, or taking be caught into the web of costly regs. run on electricity, natural gas, and re- into consideration the emission of a When it costs more to make gasoline, newable fuels. We need more wind and greenhouse gas to address climate it costs more to buy gasoline. And with solar power, and we need more energy change, and for other purposes, with prices already at $4 a gallon across efficiency. Mr. WOMACK in the chair. much of the country, the last thing What we need is to work together to The Clerk read the title of the bill. that our families need is government develop energy policies that reduce our The CHAIR. Pursuant to the rule, the policies designed to make the price at dependence on foreign oil and protect bill is considered read the first time. the pump even higher. the health of American families. In- The gentleman from Michigan (Mr. I am from Michigan. I know what a stead, we are pursuing a divisive, par- struggling economy, indeed, looks like. UPTON) and the gentleman from Cali- tisan bill that takes us in exactly the And I think that it is a travesty that fornia (Mr. WAXMAN) each will control wrong direction. this government is deliberately impos- 30 minutes. This extreme legislation won’t pass ing policies that are going to harm job The Chair recognizes the gentleman in the Senate and, if it did, it would be creators and working families. from Michigan. vetoed by President Obama. Mr. UPTON. Mr. Chairman, I yield And for what, Mr. Chairman, for what? EPA Administrator Lisa Jack- It is a distraction from the impera- myself 3 minutes. tive of developing new sources of en- Mr. Chairman, last November, Amer- son herself admits that U.S. regulation of greenhouse gases will not affect ergy that will break our dependence on icans spoke with a very clear voice. global climate conditions. The only en- foreign oil, protect our health and pre- They told us that we needed to get the vironmental impact may be to ship our serve our environment. country working again. They told us jobs to countries with no environ- Americans want clean air to breathe that Big Government was not the solu- mental protections at all, so, Mr. and sensible, science-based limits on tion. They told us to lead or get out of Chairman, at the end of the day the carbon pollution. the way on the economy, and our side EPA climate regime is all economic I urge all Members to oppose this leg- got it, particularly with the cap-and- pain and no environmental gain. islation. trade vote in the last Congress. So let’s pass this bill today and get I reserve the balance of my time. Well, Mr. Chairman, today the House the American economy back on track. Mr. UPTON. Mr. Chairman, I yield 3 has a chance again to vote for a bill I reserve the balance of my time. minutes to the chairman emeritus of that directly responds to the demands Mr. WAXMAN. Mr. Chairman, I yield the Energy and Commerce Committee, of the American people. This legisla- myself 3 minutes. the gentleman from Texas (Mr. BAR- tion will remove the biggest regulatory Since the Clean Air Act was adopted TON). threat to the American economy. This 40 years ago, we have made steady (Mr. BARTON of Texas asked and is a threat imposed not by Congress, progress in cleaning our air and pro- was given permission to revise and ex- but entirely by the Obama Environ- tecting the public health and welfare. tend his remarks.) mental Protection Agency. Today, however, the Clean Air Act is Mr. BARTON of Texas. I thank the We all know that this administration under attack and progress is threat- distinguished chairman. wanted a cap-and-trade system to regu- ened. I rise in strong support of this bill. late greenhouse gases, but Congress The Upton-Inhofe bill is a direct as- I would like to make a few com- sault on the Clean Air Act. Its premise said no. So beginning in early 2009, ments. First of all, the bill before us is that climate change is a hoax and EPA began putting together a house of doesn’t change one sentence or one carbon pollution does not endanger cards to regulate emissions of carbon paragraph in the Clean Air Act. It health and welfare. dioxide. The agency began with auto- doesn’t change anything. mobiles, declaring that their emissions But climate change is real. It is caused by pollution, and it is a serious What it does do is prevent the EPA endangered public health and welfare. from using the Clean Air Act to regu- That single endangerment finding threat to our health and welfare. We need to confront these realities, not late CO2 as a criteria pollutant under has since been used by EPA to launch the Clean Air Act. I was in Congress an unparalleled onslaught. The result, put our heads in the sands. American families count on the Envi- when we passed the Clean Air Act 2 years later, is a series of regulations ronmental Protection Agency to keep amendments back in 1991. I was a co- that will ultimately affect every cit- our air and water clean. But this bill sponsor of the bill. I worked on the bill izen, every job creator, every industry, has politicians overruling the experts in committee, voted for it on the floor. really every aspect of our economy and at the Environmental Protection Agen- So I am a supporter of a strong Clean way of life. cy, and it exempts our biggest pol- Air Act. Mr. Chairman, this bill is about pro- luters from regulation. CO2 is not a criteria pollutant under tecting jobs. EPA regulations will hit If Upton-Inhofe is enacted, the Envi- the Clean Air Act. It was never in- our manufacturing sector hard, with ronmental Protection Agency’s ability tended to be. It’s only because of a 5–4 direct limits on factory emissions, in- to control dangerous carbon pollution Supreme Court decision that said the direct costs from the higher prices to will be gutted. EPA had to make a decision whether it power their facilities. That’s why health experts like the should be, and then a very flawed EPA It will hit small businesses hard too, American Lung Association are op- endangerment finding, when President because when the electricity to power posed to this legislation. They know it Obama became the President, that we your business and the gasoline to fuel is a polluters’ protection act. It is anti- have an EPA authority, tenuous as it your vehicles is more expensive, your science, anti-environment, and anti- is, to regulate CO2 under the Clean Air profit is less and you hire fewer new health. Act. employees. That’s why the NFIB, the The Environmental Protection Agen- b 1450 Farm Bureau, NAM, Chamber of Com- cy made a scientific determination merce, and others, have endorsed H.R. that carbon pollution endangers health What this bill does is take us back to 910. This is a key vote with many of and the environment. Our Nation’s top the original Clean Air Act and say those different groups. scientists at the National Academy of we’re going to regulate the criteria pol- Mr. Chairman, this bill is also about Sciences agree with this finding and so lutants. But greenhouse gases and CO2, energy prices for working families. do scientists around the world. which is a greenhouse gas, are not one Power plants will be forced to comply Yet this legislation repeals that sci- of those criteria pollutants. with strict new emission caps. You will entific finding. That’s something no What are the purported benefits of have to purchase expensive new equip- Congress has ever done. regulating CO2? According to numerous

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2352 CONGRESSIONAL RECORD — HOUSE April 6, 2011 studies, in terms of the amount of re- ignore the warnings from the respected When we had hearings on this issue, duction in CO2, by the year 2100, which scientific community simply because Lisa Jackson, the administrator of is 90 years away, 89 years away, we policymakers do not like what that EPA, came to the Congress. And she would see a reduction of about 3 parts science is telling us, and it will place said, when asked the question, what better per billion if we regulated CO2 earnings and profits above protecting kind of impact would their regulations from the current 380 to 390 parts per the American public. have, she said it would have negligible billion. We would see a reduction in I applaud the Obama administration impact on solving global warming un- temperature by about 0.006 to 0.015 of a for making a clear and unequivocal less other nations were willing to act degree centigrade, and we would see a statement yesterday that the Presi- as well. reduction in sea-level rise by about dent would veto this bill if it ever made Now, what this really gets down to is 0.007 of a centimeter. In other words, if it to his desk. about coal, because coal in America we spend up to $100 billion a year to Mr. Chairman, every respected and produces 52 percent of our electricity. regulate CO2, we get no reduction in every notable scientific organization, In China, coal produces about 80 per- parts per billion, we get no reduction including the National Academy of cent of their electricity. Electricity is in temperature, and we get no reduc- Sciences, the American Association for produced at the lowest rate with coal. tion in sea level. But we do get a huge the Advancement of Science, the And that is necessary if America is cost to the economy every year. American Geophysical Union, the going to be competitive in the global This bill is a commonsense bill that American Meteorological Society, the marketplace. That’s why today you see simply says the Clean Air Act is the U.S. Global Change Research Program, China expanding its coal marketing Clean Air Act, and let’s use it to regu- as well as the Intergovernmental Panel and coal utilities to produce elec- late sulfur dioxide, and let’s use it to on Climate Change, are all in agree- tricity. That’s why in China you see so regulate lead and particulate matter ment that manmade greenhouse gases many jobs being produced because they and ozone, but let’s not use it to regu- do contribute to climate change, and produce at a very low cost. late a naturally-occurring compound that these impacts can be mitigated This legislation will stop EPA from which is necessary for life and which through policy to curb these emissions. driving up electricity costs in America. helps us all. Additionally, Mr. Chairman, many of It will make it less likely that we are Please vote against all the amend- the Nation’s top public health advo- going to continue to lose jobs to China ments, and please vote for this very cacy groups, including the American if we stop EPA. And I would remind all commonsense bill when we get to final Lung Association and the American of you that when Gina McCarthy, the passage. Public Health Association, as well as air quality director of EPA, came to The Environmental Protection Agency (EPA) leading civil rights groups, such as the Congress, she said herself that trying is proposing to regulate carbon dioxide emis- NAACP and the Environmental Law to regulate greenhouse gases in Amer- sions under the Clean Air Act. Reports from and Poverty Center, have all come out ica just for the enforcing arms of the the U.S. Chamber of Commerce and even the strongly against this bill saying that it greenhouse gas bill, which would be Senate Committee on Environment and Public would leave our most vulnerable citi- every State in America, would cost the Works estimate that the cost of these pro- zens and our most vulnerable commu- enforcing agencies $24 billion, not in- posed regulations will be about $78 billion per nities unprotected if this bill were to cluding the additional cost to all of the year. The regulations will affect industries, become law. utility companies, those people who farms, hospitals, office buildings, and hotels to As this USA Today poster here high- have boilers, farmers, others, the addi- name just a few. The regulations will ad- lights, Mr. Chairman, there are so tional costs that it would provide for versely affect our ability to produce energy many more benefits in acting to ad- them. and structural materials. dress climate change, as the science So if we want America to be competi- According to the EPA, the regulations will tells us we must do—including energy tive, to create jobs, to compete with have this estimated effect: ‘‘Based on the re- independence, sustainability, cleaner China, we must stop this out-of-control analysis the results for projected atmospheric air and water, and a healthier, more vi- EPA. And that is precisely what this CO2 concentrations are estimated to be re- brant, more robust populace, just to legislation is designed to do. We’re not duced by an average of 2.9 ppm (previously name a few—than the option, which is changing the Clean Air Act in any way. 3.0 ppm), global mean temperature is esti- living with the status quo and hoping Ambient air quality, all of those mated to be reduced by 0.006 to 0.015 ° C by beyond hope that the majority of the things, will still be in force. 2100 (previously 0.007 to 0.016 ° C and sea- world’s scientists are just plain wrong. So I would urge passage of this legis- level rise is projected to be reduced by ap- Mr. Chairman, I am opposed to this lation. proximately 0.06–0.14cm by 2100 (previously bill because the science compels me to Mr. WAXMAN. Mr. Chairman, I am 0.06–0.15cm).’’—Federal Register 75, page be opposed to this bill. And I urge all of pleased to yield 3 minutes to the gen- 25,495. my colleagues, every one of you all, to tleman from Massachusetts (Mr. MAR- If we add up the yearly costs, then by the vote against this bill. KEY). year 2100, we will have spent about $7 trillion Mr. UPTON. Mr. Chairman, I yield 3 Mr. MARKEY. I thank the gen- to possibly make us cooler by 0.015 degrees minutes to the chairman of the Energy tleman. Centigrade. This doesn’t seem to be much of and Power Subcommittee, the gen- I rise in opposition to the dirty air a benefit as a result of such a high cost. tleman from Kentucky (Mr. act, which overturns the scientific The Clean Air Act was never designed to WHITFIELD). finding that pollution is harming our regulate GHGs. It is time for us to come to our Mr. WHITFIELD. I am delighted that people and our planet. But as long as senses and statutorily forbid the EPA to regu- we have this opportunity today to de- Republicans are making an ideological late greenhouse gases. bate this important legislation. decision to overturn scientific reality, Mr. WAXMAN. Mr. Chairman, I am Over the last 2 years, the Environ- I wonder if the Republicans could offer pleased to yield 3 minutes to the rank- mental Protection Agency has been the an amendment overturning inconven- ing member on the Energy Sub- most aggressive agency representing ient geological reality as well. Let’s committee of the Energy and Com- environmental causes in many, many tell the United States Geological Sur- merce Committee, the gentleman from years. Today, we have an opportunity vey that Congress doesn’t believe that Illinois (Mr. RUSH). to try to stop their unprecedented the United States only has 2 percent of Mr. RUSH. I want to thank the gen- power grab. Even the longest-serving the world’s oil as well. What the Re- tleman from California for yielding Member of this House, the distin- publican majority is bringing to the this time and recognizing me for this guished Democrat from Michigan, Mr. House floor today is almost as absurd. discussion. JOHN DINGELL, whom we all respect and Republicans want our only weapon Mr. Chairman, I am opposed to H.R. admire, said it would be a glorious against OPEC to be a bumper sticker 910, the Upton-Inhofe dirty air act, be- mess if EPA ever tried to regulate slogan, ‘‘Drill, Baby, Drill.’’ Well, I cause this bill is an extreme and exces- greenhouse gases. Carbon dioxide, one have news for my Republican friends. sive piece of legislation, and it is sim- of the things they are trying to regu- We are drilling, baby. U.S. oil produc- ply bad public policy. This bill would late, is necessary for human life. tion is at its highest level in nearly a

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2353 decade. Domestic natural gas produc- So if you are concerned about the State. By 2030, it would have cost them tion is at an all-time high. But we will economy and you are concerned about an additional $7,000 a year for one never be able to drill our way out of jobs, this is the perfect bill to support. meter to run their irrigation. That’s this problem. Mr. WAXMAN. Mr. Chairman, I yield costing agriculture. That’s costing What Republicans fail to acknowl- 11⁄2 minutes to my colleague, the gen- jobs. edge is that a clean energy revolution tlewoman from California (Mrs. Instead of becoming the Environ- is already underway. Take a look at CAPPS). mental Protection Agency, the EPA is the new electrical generating capacity Mrs. CAPPS. Mr. Chairman, I rise in becoming the ‘‘Everyone Pays a Lot we’ve been installing in the United strong opposition to the dirty air bill. Agency.’’ States in the last 4 years—the last 4 Once again the House is considering Mr. WAXMAN. Mr. Chairman, that years. Eighty percent of all new elec- legislation that has little to no chance information is incorrect. I would like trical-generating capacity has been of becoming law. Meanwhile, the public to see a letter that pertains to this natural gas, 33,000 new megawatts; and wants us to focus on job creation. But EPA action. I think it might have been wind, 28,000 new megawatts. the leadership of this House isn’t lis- a letter related to a different piece of tening. The only job they seem inter- legislation. b 1500 ested in is the one they want EPA not I am now pleased to yield 2 minutes This is the last 4 years, ladies and to do: protect the public’s health. It is to the gentlewoman from California gentlemen. Coal is down to 10,000, but not surprising that many of our Na- (Ms. ESHOO). rising very quickly. Solar at nearly tion’s biggest polluters have asked for Ms. ESHOO. I thank the very distin- 2,000 megawatts; biomass at nearly this bill. It lets them keep polluting. guished ranking member of the House 1,000 megawatts. In other words, there But what is surprising is with this Energy and Commerce Committee. is a revolution that is already under bill we are rejecting scientific con- Mr. Chairman, I rise in very, very way. The only problem is, there is no sensus. Even George W. Bush’s EPA strong opposition to this bill, H.R. 910. long-term policy or certainty that has agreed that carbon pollution threatens I can’t help but think as I listen to been put on the books. All we have are the public’s health. what is being said on the other side the Republicans fighting as hard as Mr. Chair, H.R. 910 will increase the that they are sitting in a car looking they can to prevent this revolution pollution that triggers asthma attacks, in the rearview mirror, and they think from coming to fruition so that we can respiratory illness, and premature they see the future. There is a reason dramatically reduce the amount of deaths. It will hobble America’s efforts why people on this side of the aisle are greenhouse gases that warm our plan- to compete in the global energy mar- opposed to this bill and call it the dirty et, back out the oil that OPEC wants ketplace. air bill, because that’s exactly what it to send us, and create a new, clean en- Earlier this year, the President stood is. And so instead of helping to create ergy revolution here in America that on this House floor and talked about jobs for the American people, which is produces jobs for Americans. winning the future, about tapping into their top priority, their very, very top This arbitrary rejection of scientific America’s genius for innovation, and priority, what is the gift of the new fact will not cause the gross domestic he used clean energy as a central exam- majority, dirty air. That’s why the product to rise or for unemployment to ple because it will help our economy American Lung Association is vehe- fall. But here is what their bill will do: grow. It will help America compete mently opposed to this bill. The Amer- it will lead to higher pollution levels, globally and protect the health and ican Public Health Association is vehe- which will rise; oil imports, which will quality of life for all Americans. mently opposed to this bill. Former rise; temperatures, which will rise; job Let’s not obstruct the EPA from senior military officers, environmental creation domestically, which will actu- doing its job of protecting the public’s organizations, and scientists all ally go down. health. Let’s not stick our heads in the strongly oppose the bill. Vote ‘‘no’’ on this assault on science, sand about the dangers of climate Now, guess who is for it. Guess who is on public health, and on the American change. Let’s not turn away from for it, America. Big Oil because it will economic competitiveness that allows meeting this challenge, rather, use it increase the demand for oil and do a revolution to take off, which makes to build dominance in the global indus- nothing to reduce what consumers it possible for us to solve the problems try of clean energy. spend on gasoline. This bill would put of employment, national security, and I urge my colleagues to vote ‘‘no’’ on an end to future cost savings because a dangerously warming planet. this terrible bill. both the EPA and States would be pro- Mr. UPTON. Mr. Chairman, I yield 1 Mr. UPTON. Mr. Chairman, I yield 1 hibited from updating the standards minute to the chairman of the Envi- minute to the gentleman from Colo- that they have already set. ronment and the Economy Sub- rado (Mr. GARDNER). One would think that during this committee, the gentleman from Illi- Mr. GARDNER. Mr. Chairman, I rise time of rising gas prices and the tur- nois (Mr. SHIMKUS). today in support of H.R. 910, the En- moil in the Middle East, that we would (Mr. SHIMKUS asked and was given ergy Tax Prevention Act. Without this be voting on legislation to decrease our permission to revise and extend his re- bill, the EPA is going to outsource jobs dependence on foreign oil, voting to marks.) and business with greenhouse gas regu- drive innovation in clean energy indus- Mr. SHIMKUS. Mr. Chairman, it is lations, not to mention placing huge fi- tries, and voting to ensure future secu- great that we have this chance to be on nancial burdens on consumers who will rity and energy independence and leave the floor today to really address one of see energy prices skyrocket as a result the next generation of Americans with the most important job-creating pieces of compliance costs to utilities, refin- a healthy world. Instead, we are voting of legislation we have brought to the eries and more. on a bill to gut the Clean Air Act. I floor, and that is this legislation today. However, what I want to talk about think this is all heavy evidence for For the climate change believers, today is how it relates to rural Amer- Members of the House to oppose the their plan is simple: price carbon fuels ica and agriculture, particularly in dirty air act. so we drive this new world of peace, se- Colorado. The EPA has time and time Mr. UPTON. Mr. Chairman, I yield 2 curity, and green energy. But they again said agriculture is exempt. If ag- minutes to the former chairman of the have forgotten one thing: they destroy riculture is exempt, then why did the Natural Resources Committee and the jobs in doing that. These are well- Rural Electric Association in my dis- current ranking member on the Trans- known miners who lost their jobs the trict write to me and say it will cost portation Committee, the gentleman last time we did it. Thousands of coal farmers and ranchers in my State an from West Virginia (Mr. RAHALL). miners in Illinois lost their jobs. Even additional $1,700 a year to irrigate Mr. RAHALL. I thank the chairman in the greenhouse gas debate, it would their land, if the carbon bill were to for yielding the time to me, and I ap- add 50 cents to a gallon of gas. Does pass this Congress last year and be preciate his and his committee’s work that create jobs? That destroys jobs. signed into law by the President; $1,700 on this legislation. We are trying to price energy, and all a year, that carbon legislation would Mr. Chairman, I don’t think anybody costs go up. have cost farmers and ranchers in my in this body is for dirty air or dirty

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2354 CONGRESSIONAL RECORD — HOUSE April 6, 2011 water or any of the adjectives that jecting this bill. It’s a time to put engi- deny sound science in their attempt to have been used to describe the sup- neers to work on clean energy. It’s a achieve misguided and, in this case, porters of this legislation. Certainly time to help businesspeople to grow harmful political ends. Leading sci- the Clean Water Act and Clean Air Act businesses. It’s a time to help students entific academies, associations, and and other worthy pieces of legislation learn new technology. think tanks have all clearly docu- that Congress has passed over the dec- It is an irony, but it’s true: You can mented a clear connection between ades have worthy goals and have only dream while you’re asleep, but these gases and poorer health. They achieved tremendous progress for this you can only realize a dream when make just as clear a connection of country. And there is not a person in you’re awake. these gases to the acceleration of cli- this country, I dare say, that would We should believe in American mate change, which adds another di- want to renege on a lot of the positive exceptionalism. We are exceptional in mension of health challenges, some of initiatives that have been achieved innovation, exceptional in entrepre- which we are already facing today. under these pieces of legislation. neurship, exceptional in pioneering My colleagues on the other side of technology. And if we do these things, b 1510 the aisle tend to attribute the findings the sun we see on the horizon will be a to the EPA administrator, but it is not No singular government agency, how- sunrise, not a sunset. It will be a sign she who has determined that these ever, is sufficiently positioned to tack- of an awakening nation. We’ll do this harm the public health. It was the sci- le the complex solution required to ad- because we will know and America can entific community, respected experts dress carbon emissions. The answer has know the profound satisfaction of in the field. to be multipronged. It must involve in- building a clean energy economy and Mr. Chairman, the reduction of novation and investment in addition to producing children free of asthma rath- greenhouse gases is particularly impor- reductions. It must be crafted taking er than increasing it like this dirty air tant to the poor and racial and ethnic into account the realities of the effect act. minorities, as it has been shown that that emission reductions will have on Vote ‘‘no’’ against this small-minded polluting industries are more often lo- the economic recovery this country is exercise in pessimism. Vote ‘‘no’’ and cated in or near our communities. currently experiencing and on jobs, es- embrace the optimism that is inherent In committee, and I suppose today, pecially in the heartland of America. in our national character. you will hear a lot of talk about CO2, These are not matters that the EPA is Mr. UPTON. Mr. Chairman, I yield 1 but that is not the only greenhouse gas required to consider or equipped to ad- minute to the gentlelady from Ten- that we’re concerned about. This harm- dress. nessee (Mrs. BLACKBURN), a member of ful group of gases also includes meth- To simply allow the EPA to move the committee. ane, nitrous oxide, hydrofluorocarbons, ahead on its own in crafting a national Mrs. BLACKBURN. Mr. Chairman, I perfluorocarbons, and sulfur strategy on climate change is a recipe rise in support of the legislation and hexafluoride. for disaster. It assures a lopsided solu- thank our chairman, the gentleman The Virgin Islands have seen dra- tion to a broad and cumbersome chal- from Michigan, for bringing it forth matic increases in asthma and cancers lenge. And, what may be worse, it does and bringing forth a bill that will limit as the presence of these gases has in- not provide for the kind of trans- the EPA’s regulatory overreach. It is creased. There is no way I can support parency and the kind of public input important that we do. This is an issue this bill. No one should support it. We that is needed for a viable, long-term that has been going on since 2007, when have a responsibility to protect the solution. the Supreme Court gave the EPA per- health of the American public. I urge It is one of the eternal truths of our mission to regulate greenhouse gases. my colleagues to reject H.R. 910 and to form of government, Mr. Chairman, At that point, I introduced a bill that vote ‘‘no’’ to dirty air. that the public has to be involved, it would have stopped the EPA. Unfortu- NATIONAL ASSOCIATION FOR THE has to be informed, and the public nately, Congress didn’t act and the ADVANCEMENT OF COLORED PEOPLE, must be engaged. This legislation is EPA has now issued a final rule, and March 23, 2011. crystal clear in its message that the there will be more rules and regula- MEMBERS, EPA has gotten ahead of public opinion tions on the way if Congress does not House of Representatives, and that the Congress now has a re- step in and take action to stop this. Washington, DC. sponsibility to pull it back. I am grateful that we are stepping Re: NAACP Opposes H.R. 910, the Energy Tax I support this legislation, and I urge Prevention Act of 2011 forward and making certain that this DEAR REPRESENTATIVE: On behalf of the its passage today. authority returns to Congress. I urge NAACP, our nation’s oldest, largest and Mr. WAXMAN. Mr. Chairman, I am my colleagues to vote for H.R. 910 and most widely recognized grassroots-based very pleased to yield 2 minutes to the reassert Congress’s authority over this civil rights organization, I am writing in op- gentleman from Washington (Mr. INS- issue, as it should be, and take it away position to H.R. 910, the Energy Tax Preven- LEE). from unelected bureaucrats. tion Act of 2011. If enacted as written, H.R. (Mr. INSLEE asked and was given Mr. WAXMAN. Mr. Chairman, I am 910 would block the ability of the U.S. Envi- permission to revise and extend his re- pleased to yield 2 minutes to a distin- ronmental Protection Agency (EPA) to remarks.) duce greenhouse gases under the authority of guished member of our committee, the the Clean Air Act. Mr. INSLEE. Mr. Chairman, we gentlewoman from the Virgin Islands For more than 40 years, the EPA has used should oppose this dirty air act because (Mrs. CHRISTENSEN). the authority granted to it by the Clean Air it would suggest that we are a nation Mrs. CHRISTENSEN. I thank the Act to protect our health and our environ- in a deep and dangerous sleep, dozing ranking member for yielding. ment. EPA actions to reduce greenhouse gas in the face of disastrous pollution, Mr. Chairman, as the representative emissions are therefore appropriate, and slumbering while our children are rid- of a district that has one of the highest should in fact be supported. If successful the dled with asthma. It’s time for Amer- greenhouse gas emission levels per reduction of greenhouse gases will help slow ica to wake up, get up out of our com- square mile in the United States and global warming, improve Americans’ health and create new jobs. fortable beds of denial, and get to work the Caribbean, I rise in strong opposi- The reduction of greenhouse gas emissions building a new, clean economy. tion to H.R. 910, appropriately known is especially important to racial and ethnic It’s time to wake up, America. The as the Dirty Air Act. minorities, as we are disproportionately af- Chinese are not sleeping while they As a physician and as a person who fected by the negative consequences of glob- build five times more wind turbines has been trained to make decisions on al warming socially, economically, and than us. The Germans are not sleeping sound science, I have to reject this leg- through our health and well-being. One need building more solar panels. The Indians islation that is based wrongly on the look no further than Hurricane Katrina and are not sleeping who are restricting premise that there is no science that its tragic aftermath to see that African Americans and other communities of color carbon pollution. It is time to wake up. supports the court’s decision that are disproportionately affected by severe Nobody in human history has ever won greenhouse gases are injurious to the weather and other negative consequences of a race while asleep. And that’s why it’s public health. That premise is wrong. global warming. More recently, we can look time for a national awakening by re- Once again, our Republican colleagues to the extreme weather patterns experienced

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2355 by much of the United States this past win- group of leading scientists from federal agen- The problems with this bill start ter, with unseasonable snow, ice and tem- cies. with its title, the ‘‘Energy Tax Preven- peratures well below freezing in Atlanta, GA, In order to limit the number of industrial tion Act.’’ The bill has nothing to do and points south. sources that would be subject to regulation, with taxes. I had an amendment to ac- Rather than focus on legislative initiatives which would hinder our nation’s progress in the EPA issued its ‘‘Tailoring Rule’’ last May tually prevent the EPA from imposing addressing the dangers of climate change and which raised the Clean Air Act statutory an energy tax that the Rules Com- the resulting social, health and economic thresholds to require greenhouse gas permit- mittee would not allow. ting only for the largest industrial sources of consequences, the NAACP urges the U.S. b 1520 Congress to work toward the enactment of greenhouse gas emissions from 100/250 tons comprehensive climate protection and clean to 100,000 tons per year. During the rules debate, my col- energy legislation that reduces global warm- In response to these actions, House Energy league Mr. SESSIONS from Texas indi- ing pollution. As such, the NAACP looks for- and Commerce Chairman FRED UPTON intro- cated the committee did not because ward to working with you to ensure that ef- duced the Energy Tax Prevention Act to strip my amendment was ‘‘not germane’’, fective actions are taken. In that vein, I the EPA of its authority to regulate carbon because the bill doesn’t have anything hope that you will feel free to contact me to do with taxes. should you have any questions or comments under the Clean Air Act. My two largest concerns with the bill is that Welcome to another journey down on the NAACP position. the legislative rabbit hole. Last week, Sincerely, it overturns both the Supreme Court’s finding the majority pretended that you didn’t HILARY O. SHELTON, that the EPA has the authority to regulate Director, NAACP Washington Bureau & greenhouse gases under the Clean Air Act have to have both Chambers of Con- Senior Vice President, Advocacy and Policy. and the EPA’s scientific determination that gress to enact a law. This week, we Mr. UPTON. Mr. Chairman, I yield 1 greenhouse gases endanger human health have purposely misleading bill titles. The rule, by the way, did waive a minute to the gentleman from North and the environment. point of order on germaneness for a Dakota (Mr. BERG). By doing this, the Energy Tax Prevention provision added in committee, but the (Mr. BERG asked and was given per- Act could also: prohibit EPA from enforcing Rules Committee refused to make in mission to revise and extend his re- existing greenhouse gas reporting require- order an amendment that would actu- marks.) ments; prevent EPA from taking impacts on ally prevent energy taxes. That’s be- Mr. BERG. Mr. Chairman, this bill is climate change into consideration when ap- cause there is no threat that the EPA a starting point to lowering energy proving alternatives to ozone depleting sub- will impose taxes. Instead, the agency’s costs. This bill encourages private sec- stances under Title VI of the Clean Air Act and measured and reasonable approach to tor investment and will grow jobs. the Montreal Protocol; create legal uncertainty update the Clean Air Act to deal with North Dakota is a leader in energy about the status of the recent motor vehicle carbon pollution will reduce health and development. However, overreaching standards adopted by EPA; and call into ques- economic costs. EPA regulations threaten not only en- tion EPA’s authority to implement voluntary programs to reduce greenhouse gas emis- The tax moniker is not the only ergy producers but consumers as well. falsehood being floated about the EPA. The EPA’s efforts to impose a cap- sions. Supporters have also claimed this bill and-trade tax threaten to increase the I must emphasize that I am opposed to the will prevent rising gas prices. The Pul- price of energy for American families. EPA moving forward with regulations on large itzer Prize-winning PolitiFact has These higher energy costs will also im- utilities and refineries in our country, because I believe that the Congress should be the de- rated this claim false. pact small business, threatening them My colleagues on the other side of and preventing them from growing the cision maker on carbon control issues. How- ever, we cannot discount the Supreme Court the aisle understand that. They’re tak- economy and creating jobs. ing a page from Frank Luntz’ approach Our economy is suffering, and heap- decision, say climate change is not an issue and move on with it, which is the approach the to environmental policymaking. They ing more taxes on American families don’t want to have a fact-based debate and imposing new regulations that will Energy Tax Prevention Act takes. Instead, we should pass a bill that would delay the EPA about the EPA’s authority to limit car- hurt job creation is not what our coun- from moving forward with these regulations so bon pollution. Instead, they’re working try needs to get back on track. that the Congress has time to address this to perfect the use of poll-tested, wildly I firmly support the Energy Tax Pre- issue with input from Members that represent inaccurate language to attack sound vention Act. diverse constituencies nationwide. science and to undermine confidence in Mr. WAXMAN. For the purpose of a So I ask my colleagues on the other side of laws that keep us safe. unanimous consent request, I yield to the aisle to provide leadership on this front. I hope my colleagues will join me in the gentleman from Texas (Mr. GREEN). Let’s address carbon so that we don’t have to rejecting this unfortunate piece of leg- Mr. GENE GREEN of Texas. Mr. worry about what the EPA is doing and wheth- islation and the tactic that is being Chairman, I rise in opposition to H.R. er they will be sued by outside groups to fur- used to advance it. 910. ther regulate these industries or move up al- Mr. UPTON. Mr. Chairman, I yield 2 On April 2, 2007, the Supreme Court in ready announced dates for rulemaking. This minutes to the distinguished chairman Massachusetts v. EPA held that greenhouse Congress has the power to be 100% in control of the House Ag Committee, the gen- gases, including carbon dioxide, are ‘‘air pol- of giving our manufacturing base the regu- tleman from Oklahoma (Mr. LUCAS). lutants’’ under the Clean Air Act. As a result, latory certainty it needs. Cap and Trade legis- Mr. LUCAS. I rise in support of H.R. the EPA was legally obligated to determine lation will not pass this Congress, but I believe 910. whether greenhouse gas emissions from a solution can be found for controlling carbon Mr. Chairman, for more than 2 years, motor vehicles could be reasonably antici- emissions by using nuclear and natural gas to we have watched Obama’s Environ- pated to endanger public health or welfare. If generate electricity. mental Protection Agency try to ex- the EPA made a positive finding, then it would As such, I encourage my colleagues to vote pand its authority over American agri- also have to issue regulations to reduce such against this bill and instead, let us pass into culture. Most telling of the EPA’s irra- emissions. law a bipartisan, comprehensive carbon con- tional regulatory approach is how it On December 7, 2009, the EPA issued its trol program that regulates emissions with the has concluded that the breath we ex- endangerment finding. The finding was based least disruption to our economy. hale and the gas that livestock expels on a 200–page synthesis of major scientific Mr. WAXMAN. Mr. Chairman, I yield are dangerous pollutants and should be assessments authored by not only the Inter- 2 minutes to the gentleman from Or- regulated under the Clean Air Act. governmental Panel on Climate Change, but egon (Mr. BLUMENAUER). During a recent Agriculture Com- also by the U.S. Global Change Research Mr. BLUMENAUER. I appreciate the mittee hearing, the EPA Administrator Program, the U.S. Navy, the U.S. Department gentleman’s courtesy. said agriculture is currently exempt of Agriculture, the National Research Council, Mr. Chairman, I rise in strong opposi- from the proposed regulations because NOAA, NASA, the U.S. Fish and Wildlife Serv- tion to this legislation, which makes a the EPA has targeted only the largest ice, the CDC, the U.S. Geological Survey, the mockery of science, public health, greenhouse gas emitters. This doesn’t National Snow and Ice Data Center, and oth- international cooperation, the environ- provide any certainty to our farmers ers. The EPA’s scientific basis for the finding ment, the Supreme Court, and Con- and ranchers, especially since, in a re- was extensively reviewed by, among others, a gress. cent interview, Lisa Jackson was

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2356 CONGRESSIONAL RECORD — HOUSE April 6, 2011 quoted as saying that the EPA will with the Pope who excommunicated bill, H.R. 910, a bill to prevent the EPA begin looking at regulating greenhouse Galileo. from regulating greenhouse gases. By gases from farms as soon as 2013, which Mr. UPTON. Mr. Chairman, I yield 2 passing this bill, Congress will rein in counters her own remarks at that hear- minutes to the distinguished gen- the EPA and save thousands of Amer- ing. tleman from Virginia (Mr. GOODLATTE). ican jobs. Additionally, a mythical exemption Mr. GOODLATTE. I thank the chair- This is a very sensitive issue to me. doesn’t insulate farmers, ranchers and man for yielding me the time and for Georgia-Pacific, a subsidiary of Koch rural businesses from the higher en- his leadership on this issue. Industries, is the largest employer in ergy and operating costs they’ll face I rise in strong support of this legis- my hometown of Muskogee, Oklahoma, from other industries hit by these reg- lation. employing almost 1,000 Oklahomans. I ulations. Whether it’s the fuel in the Despite President Obama stating am proud of the work Koch Industries tractor, the fertilizer for the crops or that he would prefer Congress to take brings to my district and of its record the delivery of food to the grocery the lead in determining how to handle of environmental stewardship. I want store, this backdoor energy tax will in- greenhouse gases, what do you know? to make sure that Georgia-Pacific em- crease the cost of doing business in The Environmental Protection Agency ployees keep their jobs and that Koch rural America. has begun their own plan to regulate can continue to invest in Oklahoma. I urge my colleagues to join me in greenhouse gases. Every Member of Congress under- American voters spoke in November, passing H.R. 910, the Energy Tax Pre- stands the delicate balance between and they clearly rejected the cap-and- vention Act, and protect agriculture creating jobs and preserving the envi- trade agenda that was offered in this from EPA’s overreach. This bill will ronment, but I ask my colleagues to Congress last year and that was not prevent the EPA from running wild see that the answer to America’s eco- taken up in the United States Senate. across America’s farms and from sub- nomic and environmental challenges is Now we, ourselves, are faced with the jecting our producers to more burden- not a more powerful EPA. Let’s pass need to act. So unless Congress acts to some regulations that threaten to put the Upton bill and put an end to this stop the EPA, this administration and them out of business. Rural America job-killing idea. the Environmental Protection Agency Mr. WAXMAN. Mr. Chairman, I con- has never stopped being a good place to will enact their own cap-and-trade-like live; so it’s our job to make sure it’s a tinue to reserve the balance of my agenda. time. good place to make a living, too. Without action, the EPA will add Mr. WAXMAN. Mr. Chairman, I now more regulatory red tape onto Amer- b 1530 yield 2 minutes to the gentleman from ican businesses and manufacturers, Mr. UPTON. Mr. Chairman, I yield 2 Virginia (Mr. CONNOLLY). hampering the ability of companies to minutes to the gentleman from Min- Mr. CONNOLLY of Virginia. I thank operate competitively in the United nesota (Mr. PETERSON), the former my friend from California for his lead- States. These businesses could be chairman of the House Ag Committee ership. forced to move those jobs overseas, to and now ranking member of that com- Mr. Chairman, I rise today in opposi- locations with fewer regulatory bur- mittee. tion to H.R. 910. dens, or they could simply pass these Mr. PETERSON. Mr. Chairman, I rise My friend Mr. BLUMENAUER made the increased costs on to American con- today in support of H.R. 910. point that there is a deliberate mis- sumers. Either choice is not good for We recently held a hearing in the Ag- leading title to this bill somehow cyni- jobs in America. Without action, these riculture Committee with folks from cally allowing voters to believe that regulations will be paid by anyone who the EPA and from people in agri- this is about taxes. I had an amend- turns on a light switch or who plugs in culture, and the message that we heard ment before the Rules Committee that, an appliance. was pretty clear from agriculture that unfortunately, was not accepted. How We must stop the EPA from con- they believe the EPA needs to be about we be intellectually honest tinuing their spree of overregulating reined in, not only as regards this bill, about this? Let’s rename the bill the our economy. During this economic but other measures that are being con- Koch Brothers Appreciation Act of slow-down, we should be adopting poli- sidered within the EPA as well. What 2011. At least then we could clear the cies that seek to rebuild our economy this bill will do is hit a pause button on air and be honest; but then again, and create more jobs. We should be pro- the EPA’s current efforts to regulate that’s what this bill is all about, not ducing more energy, an all-of-the- greenhouse gases, and that’s exactly clearing the air but ensuring that it above energy plan that I know the En- what people in agriculture think we stays polluted. ergy and Commerce Committee is need. Today, sadly, the other party will at- working on, to increase the domestic I have traveled the country, all over tempt to pass a bill that denies decades production of oil and natural gas and the country, talking to agriculture of science in order to protect the prof- coal and safe nuclear power and to en- producers both in my district and other its of a few favored corporations. Next, courage new productions from new places, and they are concerned about we may hear claims that the Earth is, sources of energy. what they see coming out of this agen- indeed, flat. Let’s make America energy inde- cy, the regulations that they are see- When Congress passed the Clean Air pendent. Let’s not raise the cost of ening. And what really concerns them is Act in 1970, it directed the EPA to pro- ergy and ship jobs overseas, which will that the agency does not seem to un- tect the public health and welfare from cost millions of American jobs. We derstand agriculture and, frankly, pollution that would alter weather and should be doing just the opposite. This doesn’t seem to want to understand ag- climate. In the last 40 years, hundreds legislation starts us on that path, and riculture. of peer-reviewed scientific papers have I urge my colleagues to support it. These proposed regulations we’re see- found that global warming is caused by Mr. WAXMAN. Mr. Chairman, may I ing from EPA could potentially get in humans, is becoming worse, and poses inquire as to how much time is remain- the way of what agriculture producers a dire threat to our public health, na- ing on each side? are already doing when it comes to tional security and economic vitality. The CHAIR. The gentleman from conservation of our natural resources. This bill makes Congress the final ar- California has 10 minutes remaining. American farmers and ranchers rely on biter of science. That is a perilous The gentleman from Michigan has 111⁄2 these resources to provide the world’s path, Mr. Chairman, to go down, and it minutes remaining. food supply and are committed to pre- repudiates 100 years of bipartisan ef- Mr. WAXMAN. I reserve the balance serving them for the next generation. forts to craft public health legislation of my time. The EPA claims to be operating in an according to science. Not since the Mr. UPTON. Mr. Chairman, I yield 1 open and transparent manner, but the Scopes trial has a division of govern- minute to a cosponsor of the bill, the agency is sending mixed messages. At ment waged such an outlandish assault gentleman from Oklahoma (Mr. the recent hearing that I mentioned on science. With H.R. 910, Republicans, BOREN). earlier, we were told that agriculture is sadly, have aligned themselves with Mr. BOREN. Mr. Chairman, I rise currently exempt from proposed regu- that school board in Tennessee and today in support of Chairman UPTON’s lations, yet press reports have quoted

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2357 the administrator since as saying the At home in West Virginia, the EPA is Air Act, and there is a strong sense EPA will begin looking at regulating making it much more expensive to that the tailoring act would be ruled il- greenhouse gases from farms as soon as turn on our lights and drive to work; legal. And if it is, as Gina McCarthy 2013. that’s not the way to get our economy said, they would have to regulate ev- If Congress doesn’t do something back on track. erything in society, including small about the regulations being imposed on This legislation is of particular im- farms, small businesses, everyone. our farmers, ranchers and rural com- portance to my constituents in West They do not have the manpower to do munities, the economic effects are Virginia. The EPA’s regulations will it; and as she stated, it would cost the going to affect everybody in America. disproportionately affect our State’s enforcing agencies alone $24 billion, We are being asked to feed more and economy. West Virginia powers the Na- and that’s not including the money more people not only in this country, tion. Our energy providers provide that industries and others would have but around the world. This kind of leg- thousands of good-paying jobs, and coal to spend to comply with the new regu- islation, the effect is going to be to alone provides over half of our Nation’s lations. So the statement that they make it harder to do that and also to electricity and over 95 percent of the will not be impacted is certainly not raise the cost on all of the consumers power in my State. settled. in this country at a time when that’s I strongly urge my colleagues to vote Mr. WAXMAN. Mr. Chairman, I yield the last thing that we need. in favor of H.R. 910 to stop the EPA’s myself 1 minute. I encourage my colleagues to support regulatory overreach and job-killing I want to refute the statements that H.R. 910. strategies. have just been made. Mr. WAXMAN. Mr. Chairman, I am Mr. WAXMAN. Mr. Chairman, I yield There is a court doctrine allowing pleased to yield 1 minute to the gen- myself 1 minute. EPA to design regulations that are tai- tleman from New Jersey (Mr. HOLT). I want to clarify some statements lored according to administrative ne- Mr. HOLT. I thank my colleague that have been made that are abso- cessity, and they need not go beyond from California. lutely inaccurate. For 40 years, the Clean Air Act has that. There may be Members who are un- been successful in reducing emissions The complaint on the other side is happy about EPA regulations as they in the atmosphere, pollution that kills that there is a wide-ranging regulation, hear from their constituents, but that people. Thousands of people are alive but there is not. And there will be an is not what is involved in this bill today because of the Clean Air Act. amendment offered by Representatives today. None of them know who they are. It KIND and OWENS to restrict the regula- This bill would stop EPA from regu- might be people in this Chamber, some tions by law to what the EPA is imple- lating as it relates to carbon emissions; of us. And the success of the Clean Air menting. and EPA has undertaken this because Act is due in large part to being en- b 1540 of a scientific finding that carbon acted and strengthened based on the emissions are causing a danger to pub- And I hope the gentleman that spoke best science available to find effective just now will vote for that amendment. ways to remove the worst pollutants lic health and the environment. EPA, under the Clean Air Act, has a But whether it passes or not, EPA can from our air. The legislation before us tailor its regulation, and they ought today—appropriately nicknamed the wide range of possible regulations, but not complain about a regulation that’s ‘‘dirty air act’’—would gut the Clean EPA has decided that they would re- not being proposed. They don’t want Air Act and prevent EPA scientists strict their regulations only to large even the minimal one that EPA is im- from doing their jobs. new sources or expansion of existing The Clean Air Act was written wisely sources of pollution of 100,000 tons per plementing. to allow the safeguards to grow with year, and that is all. If we don’t legislate and we don’t reg- the scientific understanding of the dan- The CHAIR. The time of the gen- ulate, we are ignoring the problem and gers proposed by various chemicals in tleman has expired. we’re going to make it much, much the air and with the technological Mr. WAXMAN. Mr. Chairman, I yield worse and costlier to correct later on. means for controlling those pollutants. myself another 30 seconds. I reserve the balance of my time. Carbon pollution, a couple of years ago, So we heard these claims that they Mr. UPTON. Mr. Chairman, I yield 1 was determined by EPA scientists to are going to come in and regulate in minute to the gentleman from New endanger the health and welfare of the areas where they’re not seeking to reg- Hampshire (Mr. BASS). American people. EPA scientists ulate, nor have they in fact done it. A Mr. BASS of New Hampshire. Mr. should be allowed to continue their new source, emitting 100,000 tons of Chairman, I rise in support of this leg- work. Air pollution is costly in lives pollution, is equivalent to burning a islation. and in dollars. train car load of coal per day. For me, this debate is not about The Clean Air Act is successful. The We hear concern from people from whether or not climate change is oc- legislation must be protected. the coal-burning States, but they’re curring, nor is it about preventing the Mr. UPTON. Mr. Chairman, I yield 1 not threatened unless there are new congressionally directed policies that minute to the gentlewoman from West sources of that magnitude. The oil Congress should have to reduce green- Virginia (Mrs. CAPITO). companies are not going to be regu- house gas emissions and allow us to Mrs. CAPITO. Mr. Chairman, I rise lated unless they are going to build a have a low-carbon producing economy. today in support of H.R. 910, the En- new source of that magnitude. Maybe I, for one, think that climate change ergy Tax Prevention Act, which would they are fearful about other regula- is real and a problem that needs to be prohibit the EPA from using the Clean tions, but that is no reason to support addressed with practical solutions that Air Act to regulate greenhouse gases. this bill. have attainable goals to reduce emis- Congress has already said no to a Mr. UPTON. Mr. Chairman, I yield 1 sions and provide certainty in our cap-and-trade tax, yet the EPA is in- minute to the chairman of the Energy economy. I also believe that the Clean tent on taking matters into their own and Power Subcommittee, the gen- Air Act has truly benefited our Nation hands, which will result in a bleeding tleman from Kentucky (Mr. and should never be weakened—rather, of jobs. If the EPA is allowed to con- WHITFIELD). strengthened. tinue to pick winners and losers in this Mr. WHITFIELD. On this tailoring However, agencies should not be able country, we will be seeing higher prices rule that was adopted by EPA saying to regulate what has not been legis- at the gas pump, higher utility bills, that they would regulate only those lated. Doing so does not solve prob- and job loss. emitters of 100,000 tons or more per lems. It creates even more uncertainty We should be making it easier, not year, that is in direct violation of the as it opens up the agency’s rules to harder, for small businesses to expand language of the Clean Air Act, which countless legal challenges. and hire. However, the EPA’s assault says they have to regulate anything 150 And I am committed to finding a on fossil fuels will result in higher do- to 250 tons per year. workable solution to achieve clean air, mestic energy costs and push American Lawsuits have already been filed help address global warming, and pre- jobs overseas. against the EPA of violating the Clean serve the economic competitiveness of

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2358 CONGRESSIONAL RECORD — HOUSE April 6, 2011 the United States in the global mar- Finally, this bill overturns scientific from the United States Environmental ketplace. With my friend, Congressman findings that carbon pollution endan- Protection Agency. We asked them MATHESON of Utah, we offered an gers the environment and human very specific questions, and one was amendment during markup that is now health, which has been confirmed by whether this would establish a back- in the bill that states that there is es- all of the world’s leading scientists. door cap-and-trade program. They said, tablished scientific concern over warm- A partisan majority can pass what- one, EPA has not adopted a cap-and- ing of the climate system and Congress ever bill it wants. I understand that. trade program to address greenhouse should fulfill its role in developing But it cannot legislate the facts out of gas emissions; two, EPA is not consid- policies to control greenhouse gas existence, facts that as recently as a ering or evaluating a cap-and-trade emissions. few years ago were accepted in both program to address these emissions I rise in support of this legislation, parties. What changed? The science or under existing Clean Air Act authority; but I also support a meaningful solu- the politics? and they further went on to say they tion to the carbon crisis. Mr. Chairman, I urge my colleagues do not anticipate that they will do a Mr. WAXMAN. Mr. Chairman, I am to oppose this bill, which recklessly en- cap-and-trade program. None of the pleased at this time to yield 3 minutes dangers our air, our health, our cli- five programs that they have adopted to the Democratic whip in the House, mate, and our energy independence. or are considering adopting to limit the gentleman from Maryland (Mr. Mr. UPTON. Mr. Chairman, I yield 1 harmful pollutions are cap-and-trade HOYER). minute to the gentleman from Penn- programs. Mr. HOYER. Briefly, in response to sylvania (Mr. MURPHY), a member of So when we hear Members get up and the gentleman’s assertion, of course the committee. say, oh, they’re about to adopt a cap- the court has said EPA does, in fact, Mr. MURPHY of Pennsylvania. Okay. and-trade program because Jerry have this authority. This is not a new Here we go. Seinfeld’s show might lead you to that authority they’re making up. Rather When we discussed the cap-and-trade conclusion, it is not, according to Lisa than invest in new energy tech- bill, it worked sort of like the Seinfeld Jackson, the head of EPA, their intent. EPA, under the law, is required to nologies, address carbon pollution, and show. George Costanza comes to Jerry look at the science. Once they deter- create clean energy jobs, our friends on and says, ‘‘You know what we should do with this show, what it should be mined that carbon is a pollutant that the other side are choosing instead to causes harm to public health and the deny the problem and take away Amer- about?’’ Jerry says, ‘‘What?’’ George says, ‘‘It’s about nothing.’’ environment, they must regulate. They ica’s tools for responding to it. could, under their powers, fashion the This bill would overturn auto emis- Here’s how cap-and-trade works: Fac- tory A has something coming out of its regulation in a modest way, which is sion standards that are making our exactly what they’ve done. The regula- cars and trucks cheaper to drive and smokestack; Factory B doesn’t. So Factory B sells their ‘‘nothing’’ to Fac- tions that they are implementing can breaking our independence on foreign be met through greater efficiency in oil. This bill would not do a single tory A. Factory A adds that cost to the cost of their products. Sooner or later, these new sources that would emit thing to bring down the price of gas, such large amounts of carbon. That is but it would keep America from saving they raise costs of electricity, raise costs of their products. They can’t a reasonable thing to do because it is 1.8 billion barrels of oil over the life- beneficial for the industries to be more time of our new cars. We would not make it in America any more. America figured this out long ago, efficient. have gotten there, frankly, if some of We have found over the years, under the proponents of this bill who opposed and they said we’re going to see energy prices go up, we’re going to see jobs the Clean Air Act, when sources of pol- getting to those standards had pre- lution, industries, reduce their pollu- and income go down. We don’t want it vailed. And it would do so at a time tion, they become more efficient and to work this way. We want clean air, when the turmoil in the Middle East more competitive. That’s what will clean land, and clean water. But the should serve as an energy independence happen as a result of the regulations way these things are working is not wake-up call. that are being implemented. Let us not I’m for using all of our energy that what’s going to make it happen. tie EPA’s hands and say they cannot So the American people say don’t ex- we can do so in a healthy, safe way. deal with this subject. port our jobs, don’t export our fac- This bill, however, would significantly For those who deny the science, I dis- tories, don’t export our manufacturing weaken the Clean Air Act over its 40- agree with you. But if you’re wrong, it and then end up importing emissions year span. will take a long time before any strat- The benefits of the act: longer lives, from other countries. It’s a global egy will come into effect to reduce healthier kids, greater workforce pro- problem. It’s something we have to these emissions. Buy at least an insur- ductivity, and protected ecosystems deal with. But having the EPA do this ance policy to reduce these dangerous have outweighed the costs by more without working through Congress pollutants so that we can avoid some of than 30–1. That’s a pretty good return, isn’t the way to make this happen. the terrible consequences of green- Let’s come up with a real solution ladies and gentlemen. Last year, ac- house gas emissions and climate here but not continue on down this cording to the EPA, just one part of change, which are already evident in road of exporting our jobs to other the Clean Air Act prevented someone this country and around the world. countries. I urge my colleagues to oppose this 160,000 premature deaths, 130,000 heart Mr. WAXMAN. I continue to reserve attacks, and 100,000 hospital visits. bill. Vote ‘‘no.’’ my time. I yield back the balance of my time. That is a pretty good return on our in- Mr. UPTON. Mr. Chairman, if I might vestment. just enter in a brief colloquy with my b 1550 And according to the American Med- friend, the gentleman from California. Mr. UPTON. Mr. Chairman, I yield ical Association, ‘‘If physicians want Each of us has about the same myself the balance of my time. evidence of climate change, they may amount of time left. I have allocated Mr. Chairman, we followed regular well find it in their own offices. Pa- my time; I presume you have as well. order on this bill. We had plenty of tients are presenting with illnesses My remaining speakers are meeting hearings. We issued a discussion draft. that once happened only in warmer someplace, and I’m prepared to close We had markups in both full and the areas. Chronic conditions are becoming and yield back if you are, unless some- subcommittee. We sought bipartisan aggravated by more frequent and ex- body comes to the floor awfully fast. support. In fact, we received it. Mr. PE- tended heat waves. Allergy and asthma Is it the same for you? TERSON, who spoke earlier, the former seasons are getting longer.’’ Mr. WAXMAN. I find myself in the chairman of the House Ag Committee, The gentleman from New Hampshire same position. I am prepared to close Mr. RAHALL, the former chairman of said he doesn’t doubt global warming. I and yield back my time, unless one of the Natural Resources Committee, are agree with that conclusion. It is a our Members shows up unexpectedly. both original cosponsors. shame this bill doesn’t take that per- Mr. UPTON. Fine. We have different rules than the spective. The Republican response is to Mr. WAXMAN. Mr. Chairman and my other body, the Senate. They are de- make pollution easier, frankly. colleagues, I have before me a letter bating this same issue today in fact.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2359 They have been debating it now for a We will see what happens with the Sen- Rhode Islanders have great respect for their couple of weeks. And it’s interesting to ate, as they debate this issue the rest environment and they deserve the right to step me that a number of the amendments of the day and perhaps into tomorrow. outside and feel safe breathing the air around on the amendment tree in the Senate But I would urge all of my colleagues them. By preventing the EPA from regulating by different Democratic sponsors—in to support H.R. 910, particularly now as greenhouse gas emissions, we are turning fact, I would confess that the EPA has we get into the amendments. back the progress we have made to protect run amok because they, too, though Mr. CAMPBELL. Mr. Chair, I rise in support our health under the Clean Air Act and we are they might not be fully supportive of of H.R. 910, the Energy Tax Prevention Act. halting important economic opportunities that this legislation, they too are sup- In 2009, the Administration announced their will help make our nation a world leader in porting a 2-year time-out to the EPA, ‘‘National Program’’ to regulate fuel economy. new technologies. I urge my colleagues to join to tell them to stop. They’re not ready But if you read beyond the press releases me in opposing this bill and supporting re- for this. touting the ‘‘National Program’’ you’d find that sponsible regulations that will keep our nation I supported, I voted for the Clean Air it wasn’t one program at all. In reality, the so- moving forward and keep our environment Act back in 1990. And I think most of called ‘‘National Program’’ is made up of three safe for future generations. my colleagues then, it was a strong different fuel economy programs, administered Mr. LEVIN. Mr. Chair, I rise in opposition to majority that supported that. It allows by three different agencies—NHTSA, EPA, the legislation before the House, which would the EPA to regulate 188 different con- and the California Air Resources Board— weaken the Clean Air Act and the ability of the taminants. They do that. This bill does under three different sets of rules, pursuant to Environmental Protection Agency to protect not weaken that work by the EPA. three different laws. public health and the environment from carbon There was an issue then that the Sen- Why on earth do we need three different pollution. ate included in their version of the bill agencies regulating the same thing? The truth The scientific community has been telling us something that did regulate green- is, we don’t. H.R. 910 would end the regu- for years, with growing urgency, that greenhouse gases. And when it went to con- latory duplication, and the millions in taxpayer house gas emissions are contributing to ference with the House, JOHN DINGELL dollars wasted on such redundancy by EPA. changes in the climate and that the impact of was then chairman of the conference Mr. Chair, as the old Beatles song goes, these changes will be overwhelmingly nega- committee, the House did not accept ‘‘one and one and one is three.’’ The CAFE tive going forward. There is a lot of room for the Senate language. The Senate re- program plus an EPA program plus a Cali- a constructive debate on what the U.S. re- ceded to the House, as the lingo goes, fornia program adds up to three different pro- sponse should be to the buildup of heat-trap- and in fact the Clean Air Act then grams. That’s what we have now, but we must ping gases in the atmosphere. Our response ended up without regulating green- do better for consumers, who will ultimately cannot be to simply deny the existence of the house gases. have to bear the cost of all this unnecessary problem. We had a huge debate in the last Con- regulation. H.R. 910 returns the regulation of But that is exactly what the bill before the gress on cap-and-trade. Speaker PELOSI fuel economy back to one standard, with rules House does. This legislation rejects the sci- had an 86-vote margin here in the written by Congress, not unelected bureau- entific consensus that climate change is occur- House. Cap-and-trade, yes, it did pass crats. I urge a ‘‘yes’’ vote on this important ring and overturns EPA’s scientific finding that in the House. It passed by seven votes. legislation. carbon pollution endangers public health and So you switch four votes, it goes the Mr. LANGEVIN. Mr. Chair, I rise in strong the environment. In a word, this bill would take other way. But despite that passage in opposition to H.R. 910, the Energy Tax Pre- a fundamentally anti-science dogma and en- June of 2009, the Senate did not take vention Act or ‘‘Dirty Air Act’’ which will end shrine it into public law. It is the legislative that legislation up. Didn’t go through the Environmental Protection Agency’s equivalent of sticking our heads in the sand. subcommittee, full committee, never (EPA’s) ability to regulate harmful carbon pol- We’ve heard a lot of overheated rhetoric by got to the Senate floor, and it died lution. the proponents of this bill that protecting the with the conclusion of the 110th Con- I will vote against this bill for many reasons, American people from carbon pollution gress. but one that is particularly concerning to me is amounts to some kind of job-killing tax in- What we are saying is that the Con- related to my strong support for Science, crease that will make gasoline and electricity gress, elected leaders here, should de- Technology, Engineering, and Mathematics cost more. In fact, the rules EPA is developing cide what is regulated. We know from (STEM) education. I believe that STEM edu- seek to curb carbon pollution by the very larg- the testimony that we had in com- cation is critically important to our recovering est emitters in this country over a period of mittee we may lose as many as 1.5 mil- economy and to our future competitiveness many years. We’re talking about facilities that lion jobs. We heard from the refineries. and innovation. I support programs, such as emit more than 75,000 tons of carbon into the They know that it’s going to increase the Cyber Foundations Competition, to en- air each year. In most cases, the new rules costs because they’re going to have ad- courage more students to pursue careers in will simply require these facilities to make en- ditional regulation. They’re going to science and technology and I believe that ergy efficiency improvements. As we’ve seen pass those costs on. And, in fact, it will many of my colleagues on both sides of the in so many other areas, investments in energy raise the price of gasoline by 20 cents aisle share this goal. But how can we ask our efficiency often pay for themselves and actu- to 50 cents over the next number of students to pursue careers in science and ally create jobs. years. That’s not what we want to see then ignore scientists when their findings are H.R. 910 is opposed by scientists, public in this country. not politically convenient? This bill sets health groups, environmentalists, sporting or- And what’s going to happen? What’s science aside and sends a dangerous mes- ganizations like Trout Unlimited, as well as the going to happen to those jobs? They’re sage to our students pursuing studies in UAW and the Blue/Green Alliance. This legis- going to leave this country, and STEM fields. lation should be rejected. they’re not going to come back. And In addition to an attack on science, this bill Mr. TERRY. Mr. Chair, I rise today in sup- they’re going to go to other places like, will stop and reverse the public health, envi- port of H.R. 910, The Energy Tax Prevention let’s face it, India and China, where ronmental, and economic protections that Act of 2011. This legislation will amend provi- neither country has nearly the envi- have been achieved since the passage of the sions of the Clean Air Act, to establish general ronmental laws that we have today. We Clean Air Act 40 years ago. In 2010 alone, the rules prohibiting the Administrator of the Envi- are going to continue to enforce, to see Clean Air Act contributed to the prevention of ronmental Protection Agency (EPA) from regu- the Clean Air Act enforced. This does 160,000 premature deaths, 130,000 heart at- lating green house gas emissions to address not weaken that act. We just say we’re tacks, and more than 100,000 hospital visits. the issue of climate change. not ready to regulate greenhouse gases, This bill will also prevent the EPA from setting Being from Nebraska, I meet with a number not when we have an unemployment pollution standards for cars and trucks, in- of agriculture interests, all of them very con- rate where it is today—Michigan much creasing carbon emissions in our commu- cerned about the activism that the EPA has higher than the national average— nities, and continuing our nation’s addiction to and is demonstrating these last few years. knowing that it’s going to cost a lot of foreign oil. Further, a return to outdated tech- Folks joke about green house gas emissions jobs. nology will limit new innovations in renewable that come from farm animals, especially cows So I would urge my colleagues to and more efficient technologies and limit the and cattle. While on the one hand it is funny support this legislation. It tells the job growth opportunities in these emerging to think that this is a problem; however, on the EPA, no, you are not going to do this. manufacturing industries. other hand, it just demonstrates the kind of

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2360 CONGRESSIONAL RECORD — HOUSE April 6, 2011 people who are working in today’s EPA and logue Concerning the Two Chief World Sys- tions, objective scientific studies have found this is really serious. tems, which stated that the sun was the center that greenhouse gases pose a real and indis- When Administrator Jackson testified before of the universe. putable threat. the House Agriculture Committee she stated, It was not until October 31, 1992 when Recently, more than 2,500 scientists—from ‘‘One notion is that EPA intends to regulate Pope John Paul II expressed his regret for all 50 states—sent a letter to Congress calling the emissions from cows—what is commonly how the Galileo affair was handled by the on Members to support EPA’s updated carbon referred to as a ‘cow tax.’ ’’ ‘‘The truth is—the Catholic Church. pollution standards under the Clean Air Act, EPA is proposing to reduce greenhouse gas Unfortunately, climate change does not af- noting that the ‘‘science-based law has pre- emission in a responsible, careful manner and ford us the luxury of time to amend our poli- vented 400,000 premature deaths and hun- we have even exempted agricultural sources cies decades from now. dreds of millions of cases of respiratory and from regulation.’’ When the Administrator testi- Climate change is upon us and the longer cardiovascular disease during the 40 years fied before the Energy and Power Sub- we delay, question the science and fail to take since it was first passed—all without dimin- committee of the Energy and Commerce Com- even modest action to curb future growth, the ishing economic growth.’’ mittee, as a member, I asked her to clarify if costlier the consequences will be. Rather than heeding the science and letting she would exempt agriculture from these regu- Today’s legislation is a cynical attempt to the EPA and the states do their job to protect lations and she said she would—twice over. I pretend climate change is not occurring and public health and our environment, this bill appreciate her willingness to exempt this very restrict the one agency authorized by law to would give the nation’s biggest polluters a free important industry, because not exempting ag- do something about it. pass to keep polluting and place the health of riculture would have a dramatic impact on the History will neither reflect kindly on those our nation—particularly our children, elderly Nebraska economy. My concern is that Ad- who reject science in the pursuit of short-term citizens and other vulnerable populations—at ministrator Jackson does not have the legal economic and political gain. risk. A vote for this bill is a vote against the authority to unilaterally exempt agriculture; and I urge my colleagues to oppose this bill. commonsense Clean Air Act provisions that even if she does, that industry is only one law Mr. PRICE of North Carolina. Mr. Chair. I keep our air clean and protect our public suit away from being regulated, due to citizen rise in opposition to H.R. 910. While cynically health. I urge my colleagues to support law suits. I have no doubt that the Sierra Club, called the Energy Tax Prevention Act by its science and the Clean Air Act and oppose PETA, the Natural Resource Defense Council, sponsors, the bill could more aptly be named H.R. 910. Mr. COSTELLO. Mr. Chair, I rise in support the U.S. Humane Society, or some other the ‘‘Dirty Air Act’’. of H.R. 910, the Energy Tax Prevention Act of group will sue either individually or together This legislation would overturn EPA’s scientific finding that greenhouse gases endan- 2011. with regards to greenhouse gases on farms. Based on the physical evidence and fore- The EPA’s own figures on agriculture state ger human health and welfare, which stemmed from a landmark 2007 Supreme casts of most scientists, it is clear climate that 37,000 farms are above the threshold of change is happening, man-made causes are a being a major source of greenhouse gas emis- Court decision, and prevent the EPA from using the Clean Air Act—now or in the fu- significant factor, and that left unaddressed, sions. The Clean Air Act explicitly states that climate change poses a public health risk. I ‘‘major sources’’ must obtain a Title V oper- ture—to limit greenhouse gas pollution from power plants and other industrial sources. This believe we must move forward from debating ating permit. This could have a direct impact the science of climate change to developing on many operations within agriculture, includ- reckless and misguided attack on our environment and public health will allow more pollu- balanced policies that combat its impacts. ing corn, wheat, grain, cattle, and hog oper- However, I oppose the Environmental Pro- tion into the air we breathe and threaten the ations. This overzealous regulation will cause tection Agency’s (EPA’s) attempt to regulate health of Americans across the country. the cost of food production to rise and will also greenhouse gas emissions. I believe Congress Supporters of the bill claim that setting cause an indirect impact on bringing goods to must retain the authority to develop a climate standards for greenhouse gases under the market by helping to increase energy costs. change policy that reduces emissions, im- Clean Air Act will cost jobs and undermine the While I appreciate Administrator Jackson’s proves energy efficiency, and encourages competitiveness of America’s manufacturers. willingness to exempt us from the cow tax, I clean energy technology, including clean coal, But the argument that clean air somehow think it is more important that we pass H.R. while also protecting and creating jobs, keep- poses a hazard to the economy is as ridicu- 910 and get it to the President for his signa- ing energy costs affordable, and preserving lous now as it was in the 1970s, when the ture, in order to guarantee that none of our our economic recovery. I am not convinced major polluters used it to try and stop enact- energy is taxed. EPA’s current path will achieve those goals. Only with the passage of H.R. 910 will we ment of landmark environmental laws. Rolling While I do not agree with all aspects of this end EPA’s over reach on this issue. back the EPA’s authority to limit pollution— legislation, I support H.R. 910, to ensure Con- Mr. MORAN. Mr. Chair, emboldened by whether it be carbon or lead—won’t create a gress has the ability to develop a practical cli- their electoral victories last fall, my Republican single job. It will simply undo 40 years of mate change policy at the appropriate time. I colleagues have embarked on a campaign to progress toward a cleaner environment and ask my colleagues to join me in supporting weaken or repeal many of the landmark laws better public health. this legislation. that have protected the public’s health and the In fact, the very provisions of the Clean Air Mr. PENCE. Mr. Chair, I rise in support of environment. Act that this bill attacks have a forty-year track the Energy Tax Prevention Act of 2011, which The first opening shots at the Environmental record of delivering cleaner air and improved would prohibit the EPA from regulating green- Protection Agency (EPA) were fired through health, along with the benefits of enormous house gas emissions under the Clean Air Act. amendments to legislation (H.R. 1) to com- growth in the economy. In its first 20 years, With gas prices averaging $3.70 per gallon, plete the fiscal 2011 budget. the Clean Air Act prevented an estimated up from $3.50 a month ago, up nearly a dollar More than 22 anti-environmental and anti- 200,000 premature deaths. Some 1.7 million from a year ago, and with unemployment rates conservation riders, that suspend agencies tons of toxic emissions have been removed continuing at heartbreaking levels, the last from taking action to implement provisions in from our air each year since 1990. Innovations thing the American people need is a national Federal law, were added to bill on the House spurred by the Act have made our cars up to energy tax. floor during the week of February 13th. 95 percent cleaner today than they were in the Yet the Obama EPA seems intent on imple- Fortunately, the Senate rejected the House past. EPA economists estimate that the total menting policies that will not only drive up the bill, bringing us down a path to where we are benefits of the Clean Air Act amount to 30 price at the pump, but drive even more Amer- today in a high stakes showdown whose out- times its costs. ican jobs to places like India and China. Ac- come looks even more likely to result in a gov- Passage of this bill would also mark the first cording to a study conducted by the Heritage ernment-wide shutdown. time in history that Congress has approved Foundation, annual job losses will exceed But, instead of sitting down to try to work legislation to overrule an objective scientific 800,000 should the Congress fail to act in pre- out a budget, we are here on the House floor finding. Congress enacted the Clean Air Act venting the EPA from moving ahead with their debating a bill to overturn a scientific finding. precisely to require the EPA to make science- global warming agenda. EPA determined through its December 2009 based decisions about the threats to health In this difficult economy, the federal govern- endangerment finding that greenhouse gases and welfare presented by air pollution instead ment must make affordable, domestic energy endanger the public’s health. of allowing such decisions to be driven by po- production a top priority and House Repub- Today’s House floor action is reminiscent of litical ideology or special interests. And that is licans are doing just that. the Catholic Church’s response to Galileo exactly what EPA’s scientists have done: I applaud the work of my colleagues in de- Galilei’s publication of his famous work, Dia- under both the Bush and Obama administra- veloping an all-of-the-above energy solution

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2361 that will create jobs and end our dependence will ultimately force these companies to reduce The Energy Tax Prevention Act deliberately on foreign sources of energy. jobs, or in the worst case scenario, move op- delays the day that America will be freed from But Congress first must stop the EPA’s as- erations overseas. Additionally, while some its addiction to foreign oil. As we have seen sault on working families, small businesses may feel that industries can afford to pay more with the recent instability in the Middle East, and family farms by rejecting this backdoor to comply with the slew of EPA regulations there are dramatic downsides to our current national energy tax. that have already been implemented, or will energy dependence strategy. Mr. STARK. Mr. Chair, I rise today in strong soon be implemented, these extra costs will A ‘‘yes’’ vote today is a vote for unchecked opposition to weakening the Clean Air Act and ultimately be passed onto the American con- pollution and global warming. It is a vote ignoring the very real threat posed by global sumer. against scientific consensus and a clean en- warming. Republicans might like to teach cre- The EPA’s reliance on the Intergovern- ergy future. ationism in schools and demonize science, but mental Panel on Climate Change (IPCC) as- Mr. KUCINICH. Mr. Chair, I rise in strong the fact is that climate change is man-made, sessment reports should be cause for alarm. opposition to H.R. 910, the Dirty Air Act. That is happening, and threatens our way of life. Given the climategate e-mail scandal, and this bill is taken seriously enough to receive a Failure to act is unacceptable. other information that has come to light, there vote in the United States House of Represent- The Obama Administration is taking small are many serious questions as to the legit- atives is embarrassing. This bill not only re- but important steps toward regulating only the imacy of the process used by the IPCC to quires Members of Congress to ignore thou- largest sources of greenhouse gases. This base their conclusions. It would seem to me sands of the world’s best scientists and over legislation would end that progress. The Envi- that since the EPA relied heavily on question- four decades of peer reviewed research, but it ronmental Protection Agency (EPA) is exer- able conclusions by the IPCC, it is essential requires Congress to assert that it is more cising its Clean Air Act authority as recognized for Congress to pass H.R. 910 so we may go qualified to judge the entire body of science. by the conservative Supreme Court in Massa- back and reexamine our greenhouse gas pol- It is an assault on science, on reason, and on chusetts v. EPA. The Upton-Inhofe bill (H.R. icy. common sense. Americans expect better from 910) would not only undermine the Clean Air Like most Americans, I believe that there their elected leaders. Act, it would also take the unprecedented step can and should be a proper balance between No amount of fossil fuel company spin, lob- of overturning a scientific finding by the EPA economic prosperity and environmental sus- bying and campaign contributions can change that carbon pollution endangers America’s tainability. Everyone wants clean air and clean the fact that global warming is happening. But health and environment. water, and no one wants sky-high electric and they can make important changes to global At a time of rising gas prices and oil related tax bills. I have long argued that the key to our warming; The longer we wait to substantively conflicts around the world, this legislation energy independence is through technological and aggressively act, the faster global warm- would further increase our dependence on oil innovation. The best way for the federal gov- ing will happen, the more fiercely it will hap- and other fossil fuels. This bill would take us ernment to support technological innovation is pen, and the less control we will be able to back to a failed energy policy that has made to incentivize it through research and develop- exert over it. our country addicted to fossil fuels and im- ment grants and tax credits. Excessive regula- We are also throwing away badly needed ported oil. tions cannot assure technological break- opportunities. Failing to control global warming Rather than sticking our heads in the sand, throughs, especially expensive and onerous pollution means we fail to provide needed im- Congress needs to implement a comprehen- mandates like the cap-and-tax proposals in petus to make the transition to clean energy. sive energy policy that puts a price on carbon the previous Congress. We are voting to turn our back on the oppor- With the recent spike in gas prices, we need pollution and invests in the energy sources of tunity to reclaim the mantle of global leader on to do all we can to decrease the cost of doing the future. We could start by ending taxpayer clean energy from China and now, Germany. business. H.R. 910 is the first in a series of subsidies for giant oil companies and corn eth- We are voting to turn our back on the oppor- legislative proposals that Republicans are anol, but I doubt that bill will be on the floor tunity to revitalize our manufacturing sector planning on putting forward to cut energy anytime soon. which has been ailing in cities like Cleveland prices and reduce the regulatory burdens that The Republican attack on science and logic for decades. We are voting to turn our back businesses and consumers face. I strongly will not create a single job or protect a single on the opportunity to create millions of new support passage of this important legislation, American’s health. All it will do is appease the jobs and boost our economy. We are voting to and urge a ‘‘yes’’ vote. turn our back on the opportunity to reduce air radical fringe of their party. I urge all my col- Mr. CONYERS. Mr. Chair, today I rise in leagues to vote no. pollution that kills tens of thousands of people strong opposition to H.R. 910, the Republican very year, who are disproportionately from Mr. SENSENBRENNER. Mr. Chair, I rise Majority’s so-called ‘‘Energy Tax Prevention today in strong support of H.R. 910, the En- communities of color and are of low income. Act.’’ I think a more accurate title would be the We are voting to turn our back on the oppor- ergy Tax Prevention Act, which is common- ‘‘Science Ignorance Appreciation Act’’ or ‘‘For- sense legislation that will help economic re- tunity to strengthen our national security, eign Energy Dependence Act.’’ which, according to the Pentagon, is threat- covery efforts and reduce energy prices. Today’s measure would unilaterally invali- ened by global warming. We are voting to turn It is troubling to see the Obama Administra- date the Environment Protection Agency’s our back on the opportunity to inspire and lead tion continue to advocate for policies that will findings that carbon dioxide and other air pol- with alternatives that would build a stronger inhibit job creation in this country, and also lutants pose a threat to public health and envi- America. raise prices of goods and services for every ronment. Even more egregiously, the bill pro- American. We should not move forward with It is time for us to cast a vote in favor of fu- hibits the EPA to regulate man-made green- ture generations instead of merely invoking imposing regulations that will slow the current house gases in spite of verified independent them to try to justify inhumane budget cuts. I economic recovery. scientific research that shows that climate Over the last few months, my colleagues on urge my colleagues to vote ‘‘no’’ on this bill. change poses an existential threat to our way Mr. UPTON. Mr. Chairman, I yield the other side of the aisle have borrowed the of life. Republican mantra from the past couple of back the balance of my time. The proposal is nothing more than censor- The CHAIR. All time for general de- years when the Democrats had control and ship of government scientists who simply want bate has expired. asked, ‘‘Where are the jobs?’’ I have found to protect human and environmental health. Pursuant to the rule, the amendment this quite humorous considering that since Re- There is an overwhelming scientific consensus in the nature of a substitute printed in publicans have taken over leadership of the that global warming is directly due to man- the bill shall be considered as an origi- House, we have been actively working to rein made behavior. In recent years we have nal bill for the purpose of amendment in excess government waste and pass legisla- begun to witness this science first hand, as under the 5-minute rule and shall be tion to make it more affordable to do business extreme weather such as floods, droughts, considered read. in this country. But, setting that aside, we blizzards, hurricanes and other natural disas- The text of the amendment in the na- should all be able to agree that without pas- ters have begun to affect areas unaccustomed ture of a substitute is as follows: sage of the Energy Tax Prevention Act, the to such events. We cannot ignore the science H.R. 910 answer to their question will be: not in the and evidence. Be it enacted by the Senate and House of Rep- U.S. If we pass this flawed legislation, we will resentatives of the United States of America in We must not continue to allow the EPA to lose an incredible opportunity to create the Congress assembled, move forward in regulating all sectors of our market forces necessary to stimulate innova- SECTION 1. SHORT TITLE. economy. It is a simple fact that by imposing tion in clean energy technology such as wind, This Act may be cited as the ‘‘Energy Tax costly regulations on American businesses, it solar, and other clean energy programs. Prevention Act of 2011’’.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 6333 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2362 CONGRESSIONAL RECORD — HOUSE April 6, 2011 SEC. 2. NO REGULATION OF EMISSIONS OF ‘‘(D) ‘Prevention of Significant Deterioration model year 2017 or any subsequent model year GREENHOUSE GASES. and Title V Greenhouse Gas Tailoring Rule’, new motor vehicles and new motor vehicle en- Title III of the Clean Air Act (42 U.S.C. 7601 published at 75 Fed. Reg. 31514 (June 3, 2010). gines— et seq.) is amended by adding at the end the fol- ‘‘(E) ‘Action To Ensure Authority To Issue ‘‘(A) the Administrator may not waive appli- lowing: Permits Under the Prevention of Significant De- cation of subsection (a); and ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF terioration Program to Sources of Greenhouse ‘‘(B) no waiver granted prior to the date of GREENHOUSE GASES. Gas Emissions: Finding of Substantial Inad- enactment of this paragraph may be construed ‘‘(a) DEFINITION.—In this section, the term equacy and SIP Call’, published at 75 Fed. Reg. to waive the application of subsection (a).’’. ‘greenhouse gas’ means any of the following: 77698 (December 13, 2010). SEC. 4. SENSE OF CONGRESS. ‘‘(1) Water vapor. ‘‘(F) ‘Action To Ensure Authority To Issue It is the sense of the Congress that— ‘‘(2) Carbon dioxide. Permits Under the Prevention of Significant De- (1) there is established scientific concern over ‘‘(3) Methane. terioration Program to Sources of Greenhouse warming of the climate system based upon evi- ‘‘(4) Nitrous oxide. Gas Emissions: Finding of Failure To Submit dence from observations of increases in global ‘‘(5) Sulfur hexafluoride. ‘‘(6) Hydrofluorocarbons. State Implementation Plan Revisions Required average air and ocean temperatures, widespread ‘‘(7) Perfluorocarbons. for Greenhouse Gases’, published at 75 Fed. Reg. melting of snow and ice, and rising global aver- ‘‘(8) Any other substance subject to, or pro- 81874 (December 29, 2010). age sea level; posed to be subject to, regulation, action, or ‘‘(G) ‘Action to Ensure Authority To Issue (2) addressing climate change is an inter- consideration under this Act to address climate Permits Under the Prevention of Significant De- national issue, involving complex scientific and change. terioration Program to Sources of Greenhouse economic considerations; ‘‘(b) LIMITATION ON AGENCY ACTION.— Gas Emissions: Federal Implementation Plan’, (3) the United States has a role to play in re- ‘‘(1) LIMITATION.— published at 75 Fed. Reg. 82246 (December 30, solving global climate change matters on an ‘‘(A) IN GENERAL.—The Administrator may 2010). international basis; and not, under this Act, promulgate any regulation ‘‘(H) ‘Action to Ensure Authority to Imple- (4) Congress should fulfill that role by devel- concerning, take action relating to, or take into ment Title V Permitting Programs Under the oping policies that do not adversely affect the consideration the emission of a greenhouse gas Greenhouse Gas Tailoring Rule’, published at 75 American economy, energy supplies, and em- to address climate change. Fed. Reg. 82254 (December 30, 2010). ployment. ‘‘(B) AIR POLLUTANT DEFINITION.—The defini- ‘‘(I) ‘Determinations Concerning Need for The CHAIR. No amendment to the tion of the term ‘air pollutant’ in section 302(g) Error Correction, Partial Approval and Partial committee amendment is in order ex- does not include a greenhouse gas. Notwith- Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Dete- cept those printed in House Report 112– standing the previous sentence, such definition 54. Each such amendment may be of- may include a greenhouse gas for purposes of rioration Program’, published at 75 Fed. Reg. addressing concerns other than climate change. 82430 (December 30, 2010). fered only in the order printed in the ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ‘‘(J) ‘Limitation of Approval of Prevention of report, by a Member designated in the prohibit the following: Significant Deterioration Provisions Concerning report, shall be considered read, shall ‘‘(A) Notwithstanding paragraph (4)(B), im- Greenhouse Gas Emitting-Sources in State Im- be debatable for the time specified in plementation and enforcement of the rule enti- plementation Plans’, published at 75 Fed. Reg. the report equally divided and con- tled ‘Light-Duty Vehicle Greenhouse Gas Emis- 82536 (December 30, 2010). trolled by the proponent and an oppo- ‘‘(K) ‘Determinations Concerning Need for sion Standards and Corporate Average Fuel nent, shall not be subject to amend- Economy Standards’ (as published at 75 Fed. Error Correction, Partial Approval and Partial Reg. 25324 (May 7, 2010) and without further re- Disapproval, and Federal Implementation Plan ment, and shall not be subject to a de- vision) and finalization, implementation, en- Regarding Texas Prevention of Significant Dete- mand for division of the question. forcement, and revision of the proposed rule en- rioration Program; Proposed Rule’, published at AMENDMENT NO. 1 OFFERED BY MS. JACKSON titled ‘Greenhouse Gas Emissions Standards and 75 Fed. Reg. 82365 (December 30, 2010). LEE OF TEXAS Fuel Efficiency Standards for Medium- and ‘‘(L) Except for actions listed in paragraph The CHAIR. It is now in order to con- Heavy-Duty Engines and Vehicles’ published at (2), any other Federal action under this Act oc- sider amendment No. 1 printed in curring before the date of enactment of this sec- 75 Fed. Reg. 74152 (November 30, 2010). House Report 112–54. ‘‘(B) Implementation and enforcement of section that applies a stationary source permitting tion 211(o). requirement or an emissions standard for a Ms. JACKSON LEE of Texas. I have ‘‘(C) Statutorily authorized Federal research, greenhouse gas to address climate change. an amendment at the desk. development, and demonstration programs ad- ‘‘(5) STATE ACTION.— The CHAIR. The Clerk will designate dressing climate change. ‘‘(A) NO LIMITATION.—This section does not the amendment. ‘‘(D) Implementation and enforcement of title limit or otherwise affect the authority of a State The text of the amendment is as fol- VI to the extent such implementation or enforce- to adopt, amend, enforce, or repeal State laws lows: and regulations pertaining to the emission of a ment only involves one or more class I sub- Strike sections 2 and 3 of the bill, redesig- greenhouse gas. stances or class II substances (as such terms are nate section 4 of the bill as section 3, and in- ‘‘(B) EXCEPTION.— defined in section 601). sert after section 1 of the bill the following ‘‘(E) Implementation and enforcement of sec- ‘‘(i) RULE.—Notwithstanding subparagraph section: tion 821 (42 U.S.C. 7651k note) of Public Law (A), any provision described in clause (ii)— 101–549 (commonly referred to as the ‘Clean Air ‘‘(I) is not federally enforceable; SEC. 2. STUDY AND REPORT. Act Amendments of 1990’). ‘‘(II) is not deemed to be a part of Federal (a) STUDY.—In the interest of protecting ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- law; and national security, the Administrator of the ing listed in paragraph (2) shall cause a green- ‘‘(III) is deemed to be stricken from the plan Environmental Protection Agency shall con- house gas to be subject to part C of title I (relat- described in clause (ii)(I) or the program or per- duct a study to determine— ing to prevention of significant deterioration of mit described in clause (ii)(II), as applicable. (1) the long term impacts of the Environ- air quality) or considered an air pollutant for ‘‘(ii) PROVISION DEFINED.—For purposes of mental Protection Agency having no author- purposes of title V (relating to permits). clause (i), the term ‘provision’ means any provi- ity to regulate emissions of greenhouse ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The sion that— gases; following rules and actions (including any sup- ‘‘(I) is contained in a State implementation (2) if there are alternatives to ensure com- plement or revision to such rules and actions) plan under section 110 and authorizes or re- pliance with the Clean Air Act; and are repealed and shall have no legal effect: quires a limitation on, or imposes a permit re- (3) best practices with respect to green- ‘‘(A) ‘Mandatory Reporting of Greenhouse quirement for, the emission of a greenhouse gas house gas regulation under the Clean Air Gases’, published at 74 Fed. Reg. 56260 (October to address climate change; or Act. 30, 2009). ‘‘(II) is part of an operating permit program (b) REPORT.—Not later than 60 days after ‘‘(B) ‘Endangerment and Cause or Contribute under title V, or a permit issued pursuant to the date of enactment of this Act, the Ad- Findings for Greenhouse Gases Under Section title V, and authorizes or requires a limitation ministrator of the Environmental Protection 202(a) of the Clean Air Act’, published at 74 on the emission of a greenhouse gas to address Agency shall submit to Congress a report on Fed. Reg. 66496 (December 15, 2009). climate change. the results of the study under subsection (a), ‘‘(C) ‘Reconsideration of Interpretation of ‘‘(C) ACTION BY ADMINISTRATOR.—The Admin- including any findings and recommenda- Regulations That Determine Pollutants Covered istrator may not approve or make federally en- tions. by Clean Air Act Permitting Programs’, pub- forceable any provision described in subpara- The CHAIR. Pursuant to House Reso- lished at 75 Fed. Reg. 17004 (April 2, 2010) and graph (B)(ii).’’. lution 203, the gentlewoman from the memorandum from Stephen L. Johnson, En- SEC. 3. PRESERVING ONE NATIONAL STANDARD Texas (Ms. JACKSON LEE) and a Member vironmental Protection Agency (EPA) Adminis- FOR AUTOMOBILES. trator, to EPA Regional Administrators, con- Section 209(b) of the Clean Air Act (42 U.S.C. opposed each will control 5 minutes. cerning ‘EPA’s Interpretation of Regulations 7543) is amended by adding at the end the fol- The Chair recognizes the gentle- that Determine Pollutants Covered by Federal lowing: woman from Texas. Prevention of Significant Deterioration (PSD) ‘‘(4) With respect to standards for emissions of Ms. JACKSON LEE of Texas. I want Permit Program’ (December 18, 2008). greenhouse gases (as defined in section 330) for to thank the ranking member of the

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2363 full committee for reading a very im- ity to regulate it. But we need to col- Tesoro Corporation portant letter into the RECORD that the laborate and cooperate and understand The Brick Industry The Fertilizer Institute EPA has no intention to manipulate or how we balance the needs of an energy Valero Energy Corporation to utilize cap-and-trade as part of their policy. responsibilities. This is not a cap-and- Might I also say that energy recog- AMERICAN FOREST & trade initiative or legislation. It has nizes all forms of energy. And energy PAPER ASSOCIATION, nothing to do with cap-and-trade. companies that are in oil and gas are Washington, DC. In fact, I think the whole concept of looking at alternatives. They have AF&PA STATEMENT ON THE ENERGY TAX this Energy Tax Prevention Act is whole sections that are addressing the PREVENTION ACT (H.R. 910) muddled and befuddled. I don’t under- question of alternative fuels. Why are WASHINGTON.—American Forest & Paper stand it. I practiced oil and gas law for we raising a bill that has no sense of Association President and CEO Donna Har- almost 15 or 20 years. I come from direction in what it is trying to do and man today issued the following statement Houston, and I recognize the difficul- to eliminate an oversight that is pro- regarding the Energy Tax Prevention Act ties that we have in the industry and (H.R. 910) as introduced in the U.S. House of tecting the American public in their Representatives by Energy and Commerce understanding the industry. But I also quality of life and also doesn’t speak to Committee Chairman Fred Upton (R–MI), am cognizant that this majority, my how we work with the industry to actu- Agriculture Committee Ranking Member good friend on the other side that rep- ally make sure that we check these Collin Peterson (D–MN), Transportation and resents that, they are interested in ad- emissions but as well provide the op- Infrastructure Committee Ranking Member hering to the Constitution. portunity for domestic growth and do- Nick Rahall (D–WV), and Energy and Power And I don’t know why they have not mestic energy growth? Subcommittee Chairman Ed Whitfield (R– studied the Supreme Court decision in I ask my colleagues to support this KY). Massachusetts versus EPA that clearly ‘‘I applaud the introduction of this bi-par- amendment. tisan legislation to bring a halt to regulation indicates, even though this was motor I reserve the balance of my time. of greenhouse gases through the Clean Air vehicle emissions that they were talk- Mr. UPTON. Mr. Chairman, I rise in Act. There is broad agreement that the ing about, but it held that greenhouse opposition to the amendment. Clean Air Act is the wrong tool to regulate gases, widely viewed as contributing to The CHAIR. The gentleman from greenhouse gases. The rule serves to impose climate change, constitute air pollut- Michigan is recognized for 5 minutes. high costs and business uncertainty related ants, and therefore that phrase as uti- Mr. UPTON. I just want to say to my to new investments in the manufacturing lized under the Clean Air Act and the friend from Texas that with regard to sector. Congress, not EPA, should decide en- EPA has jurisdiction to regulate under the hue and cry of folks that support ergy policy; in particular, issues related to investments in renewable energy, including the Clean Air Act. this legislation, not a lot of business biomass. I assume what we are doing is trying folks, I have a whole series of letters of ‘‘The Greenhouse Gas regulations are the to bash a long-standing process rather support for our legislation from the latest example of those that would hamper than coming up with better ideas. I American Electric Power to the Farm job growth and put obstacles in the way of think my amendment brings about a Bureau, the Iron and Steel Institute, American business to compete in the global better idea, because energy is a na- Americans for Tax Reform, American marketplace. Inexplicably, this is happening tional security issue. And what my Public Power, Business Roundtable, as other parts of the Administration are pro- amendment poses to do is to ask seri- moting the need for more exports and job Chamber of Commerce, Metalcasters creation. ous questions about the impact of Alliance, Multi-Traders Letters, auto ‘‘I commend Energy and Commerce Com- eliminating the EPA authority, finding dealers, Realtors, manufacturers, Na- mittee Chairman Fred Upton (R–MI), Agri- a way to work through this question: tional Association of Manufacturers, culture Committee Ranking Member Collin What would be the long-term impact? cattlemen, Mining Association, petro- Peterson (D–MN), Transportation and Infra- Because the legislation that is now chemical, Rural Electrical Coopera- structure Committee Ranking Member Nick written by my friends on the other side tive, and on and on. Rahall (D–WV), and Energy and Power Sub- committee Chairman Ed Whitfield (R–KY) of the aisle is telling the United States LETTERS OF SUPPORT of America, in conflict with the United for introducing this legislation. We look for- AF&PA Press Statement ward to working with Congress on this very States Supreme Court decision—and American Coalition for Clean Coal Elec- important issue.’’ let me just hold up a visual, the Con- tricity Press Statement stitution, which is what this majority American Electric Power AMERICAN COALITION FOR says that they are basing their whole American Farm Bureau Federation CLEAN COAL ELECTRICITY, legislative agenda on. American Iron and Steel Institute Alexandria, VA. Americans for Prosperity Press Statement Well, we have constitutional author- HOUSE, SENATE INTRODUCE LEGISLATION TO Americans for Tax Reform ity. And they are now telling us that API–ACC Coalition Letter STOP EPA REGULATIONS we should not regulate water vapor, American Public Power Association ALEXANDRIA, VA.—The American Coalition carbon dioxide, methane, nitrous oxide, Business Roundtable Letter for Clean Coal Electricity today praised the sulfur hexafluoride, Chamber of Commerce introduction in the U.S. House and Senate of hydrofluorocarbons, perfluorocarbons, Cornwall Alliance bipartisan legislation that would ensure the and any other substance. I don’t hear a Freedom Action Press Release authority to regulate emissions of greenhouse gases rests with Congress, and not the scream and cry of the industry. I do Industrial Energy Consumers of America Press Statement EPA. The bills were introduced by House En- hear the idea that there are burdens Metalcasters Alliance ergy and Commerce Committee Chairman that will come upon the industry that Midwest Power Coalition Fred Upton and Senate Environment and we should address. Multi-Traders Letters Public Works Ranking Member James So the amendment that I have that I NACS Inhofe. am asking for real consideration on the National Automobile Dealers Association ‘‘The EPA’s sweeping regulations will af- basis of a national security question, National Association of Realtors fect the lives of millions of Americans, from How will we provide for resources that National Association of Manufacturers their electricity bills to the economy as a will provide for the engine economy of National Association of Manufacturers whole. Given this wide-ranging impact, it is Press Statement important that Congress—not the EPA—ad- this Nation, the long-term impact of National Cattleman’s Beef Association dress greenhouse gas emissions in a manner the Environmental Protection Agency National Center for Public Policy Research that takes into consideration both environ- having no authority to regulate emis- National Mining Association Press State- mental and economic impacts,’’ said Steve sions of greenhouse gases? Also, if ment Miller, president and CEO of ACCCE. there are alternatives to ensure com- National Petrochemical & Refiners Asso- The bills would eliminate EPA’s authority pliance with the Clean Air Act, if you ciation to regulate greenhouse gas emissions under have a better alternative. And best National Rural Electric Cooperative Asso- the Clean Air Act, which is ill-suited for that ciation task. The legislation introduced today would practices with respect to greenhouse NRECA Press Statement leave in place all of the essential provisions gas regulation under the Clean Air Act, Nucor Letter of the Clean Air Act. which the Supreme Court decision Southern Company EPA’s proposed regulations on greenhouse clearly dictates that it has the author- Steelgram—Support H.R. 910 gas emissions could have a dramatic impact

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2364 CONGRESSIONAL RECORD — HOUSE April 6, 2011 on jobs and the economy. A recent analysis Farmers and ranchers will be particularly we protect the Clean Air Act, we want by the American Council for Capital Forma- disadvantaged under such a regulatory to enforce the Clean Air Act, but we tion concluded that uncertainty caused by scheme. The costs incurred by utilities, re- want it to be in force for the criteria these regulations could, by 2014, result in the finers and manufacturers to comply with pollutants that it was intended for, and loss of between $25 billion to $75 billion in in- GHG regulations will be passed along to vestment in the economy and that this could their customers, including farmers and we do not believe that CO2 is one of the result in the loss of between 476,000 and 1.4 ranchers, increasing their fuel, fertilizer and pollutants that it was intended to reg- million jobs. energy costs. Unlike other types of busi- ulate. ‘‘At a time when Americans are struggling nesses, farmers and ranchers have much less So we don’t need a study, and I would with high energy costs, the EPA’s proposed ability to pass along such costs. Addition- oppose my good friend from Houston’s regulations could make electricity more ex- ally, under the thresholds set by the Clean amendment and encourage all Members pensive. The affordability of coal-fueled elec- Air Act, many farmers and ranchers would to also oppose it. tricity has helped moderate increases in en- eventually be required to obtain costly and Mr. UPTON. May I ask how much ergy costs, and continued reliance on coal burdensome Title V operating permits or can help the U.S. recover economically and time remains. New Source Review/Prevention of Signifi- The Acting CHAIR (Mrs. EMERSON). American businesses to compete globally,’’ cant Deterioration permits. EPA itself esti- The gentleman from California has 23⁄4 said Miller. ‘‘We thank Chairman Upton and mates that more than 37,000 farms will be Senator Inhofe for their leadership on this subject to Title V permits, at a cost of more minutes remaining. critical issue as well as Members of Congress than $866 million. Mr. UPTON. I yield the balance of from both parties who have agreed to be ini- While the costs of compliance may be high, my time to the gentleman from Cali- tial co-sponsors of the bill.’’ the environmental benefits from EPA regu- fornia (Mr. BILBRAY), a member of the lation are marginal at best. Unless and until committee. AMERICAN ELECTRIC POWER, an international agreement is reached, uni- Mr. BILBRAY. I appreciate that. Columbus, OH, March 3, 2011. lateral action by EPA will have little or no Let’s talk science, ladies and gentle- Hon. FRED UPTON, environmental impact. EPA Administrator Chairman, House Committee on Energy and men. Everyone wants to talk about the Jackson has acknowledged this fact in testi- Commerce, U.S. House of Representatives, threat of climate change, but no one mony before Congress. Rayburn House Office Building, Wash- wants to address the fact that what The president has stated that congres- ington, DC. EPA has proposed, by the admission of sional action is a better way to address the DEAR CHAIRMAN UPTON: I am writing today the administrator, cannot even indi- to express my strong support for the Energy issue than EPA regulation. We agree. The Energy Tax Prevention Act recognizes this cate what percentage of greenhouse Tax Prevention Act of 2011. gases those regulations could reduce. When the Clean Air Act was originally en- as well and places the responsibility for reg- acted, it was not the expectation of Congress ulating GHGs where it belongs—with Con- And not one scientist, not one expert that this Act be applied to greenhouse gases. gress. We commend you for introducing this in our committee, or I have seen any- In fact, the Act was designed to regulate am- bill and look forward to working with you on where else, has ever said what is being bient air quality and hazardous air pollut- it. proposed by EPA, that is going to cost ants, among other matters. Moreover, the Sincerely, at least $200 million, will not avoid the regulation of greenhouse gases was not man- BOB STALLMAN, problem of climate change. So the President. dated by the Supreme Court ruling and question is this, what are the American therefore is not necessarily required by the I yield 4 minutes to the gentleman people getting for their $200 million. Clean Air Act. from Texas (Mr. BARTON.) It is clear to us at American Electric Now, I’m sorry, some of us have Power that the issue of climate change pol- b 1600 worked on air pollution issues. I know the precursors to ozone. If they are icy should be addressed exclusively through Mr. BARTON of Texas. I thank the the legislative process. The Congress of the saying that the problem is it’s a pre- distinguished chairman for the time. United States is better equipped to holis- cursor to ozone, believe me, it is so tically evaluate not only the environmental Well, let me say something positive small and minute that those of us that impacts of greenhouse gases but also the im- about my good friend from Houston, are working in non-attainment areas pacts of greenhouse regulation on the econ- Texas’s amendment before I say some- never even gave a second glance at CO . omy, employment, energy and international thing negative. If it were to pass, it 2 trade. I firmly believe that this approach is So don’t talk about it being a health would at least force the EPA to do a risk based on a precursor to ozone. crucial to ensuring a sound national policy. real study, which is more than I can I again thank you for your leadership on Look at what we are getting for the this important matter, and AEP looks for- say they did before they issued their money. ward to working with you to enact this legis- endangerment finding. What we are actually talking about lation. If you look at the endangerment find- here is not allowing EPA to go out and Sincerely, ing that they actually did to satisfy implement programs that the adminis- MICHAEL J. MORRIS, the requirement of the Supreme Court, trator admits that she cannot tell us Chairman of the Board, they didn’t do any scientific analysis. President and Chief Executive Officer. what the American people are going to They didn’t do any independent anal- get for their dollars. ysis. They basically took regurgitated AMERICAN If you want to do a study, then let’s FARM BUREAU FEDERATION, research and press clippings and appar- do a study on what would have to be Washington, DC, March 3, 2011. ently some student’s thesis as the jus- done to address this issue the way that Hon. FRED UPTON, tification for coming up with their some of us think it should be ad- U.S. House of Representatives, Rayburn House endangerment finding. dressed. But let’s not say that some- Office Building, Washington, DC. If we accept the gentlelady from how that by holding up a program that DEAR CHAIRMAN UPTON: The American Houston’s amendment, you do really Farm Bureau Federation (AFBF) strongly is admitted not to be able to deliver supports the Energy Tax Prevention Act of gut this bill, which, if you are opposed any tangible benefits, that holding up 2011 that you plan to introduce in the House to it, that’s probably a good outcome. that program is somehow going be a of Representatives. But if you are supportive of it, it’s not threat to public health. This bill would preempt regulation of a good outcome. So let’s just get back down to the greenhouse gases (GHG) by the Environ- We don’t need to do a study. CO2 is real science, and that is no one in this mental Protection Agency (EPA) based on not a pollutant under the definitions of establishment is talking about address- climate change considerations. The bill the Clean Air Act. It’s not harmful to would not affect previously enacted or pro- ing the climate change issue. Some posed rules regarding emissions from mobile health, as I keep pointing out. people are saying it doesn’t exist and sources. As I speak, I create CO2, and so you others are trying to sell an environ- The regulation of GHG does not fit within need CO2 for life. Manmade CO2 does mental placebo that makes you look the current framework of the Clean Air Act. not significantly contribute to climate good because you are doing something, Unlike other regulated pollutants, where change. We do have climate change, as but spends huge amounts of money, has Clean Air Act thresholds are sufficient to we always have and always will. regulate the largest emitters, GHG regula- a great impact, and does not address tion at statutorily required, thresholds holds But to say that CO2 emissions made the problem and would not avoid the the prospect of costly and burdensome per- by man somehow are causing all these problem. mit requirements on farms, ranches, schools, catastrophic changes is simply not One thing we have got to make clear. hospitals and some large residences. true. What the bill before us does is say Don’t talk to me about incrementalism

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2365 when we talk about climate change. mental Protection Agency (EPA) to ensure ac- Not only would the deregulation of green- You talked to the same scientists that curate consideration of how proposed regula- house gases impact the health of our citizens, you say are telling us about climate tions would affect energy production levels, it will also, have a negative impact on our abil- change, and they say if we don’t get feasibility of implementation on the industry, ity to maintain and create new jobs. Poor the job done within the next decade or as well as the adverse environmental effects health and low air quality only discourages in- two, forget about it. It’s over with. of delaying implementation of proposed regu- dustries from coming to an area. New indus- The fact is that climate change will lations. My amendment would also ensure the tries will not be willing to move into areas that happen. And, sadly, what I have seen in Environmental Protection Agency retains its are polluted which negatively impacts job the last 2 years about this issue, I have ability to regulate greenhouse gas emissions growth in those communities. come to the conclusion this body really under the authority provided by the Clean Currently there are programs in Houston should be talking about what we need House Act. such as the Energy Efficiency Incentive Pro- to do to mitigate the impact, because I cannot envision any American living in a gram which aims to significantly reduce Hous- you are not doing anything to avoid it, polluted area wanting to support a permanent ton’s emissions of greenhouse gases and cri- and we shouldn’t tell the American ban on the Environmental Protection Agency’s teria air pollutants. The oil and gas industry is people that we are. ability to regulate greenhouse gases. The po- also investing alternative energy sources and Ms. JACKSON LEE of Texas. May I tential negative impact of greenhouse gases is improving air quality standards; such initiatives ask the remaining time. supported by the scientific community. The look towards the future, ensures job creation, The Acting CHAIR. The gentlewoman National Academy of Sciences reported in and protects our nation’s health. from Texas has 1 minute remaining. 2010: ‘‘Climate change is occurring, is caused I believe the Environmental Protection Ms. JACKSON LEE of Texas. I yield largely by human activities, and poses signifi- Agency plays an essential role in providing ap- 30 seconds to my good friend from Cali- cant risks for—and in many cases already af- propriate and balanced guidance to the indus- fornia (Mr. WAXMAN). fecting—a broad range of human and natural try, which in turn encourages them to have a Mr. WAXMAN. Thank you very systems.’’ It is clear that quality of our air im- workable timeframe to determine the appro- much. pacts the quality of our health. The Clean Air priate measures to improve our nation’s air I just want to point out, Mr. BARTON, Scientific Advisor Committee, EPA’s inde- quality. The EPA ensures that energy indus- my very good friend who used to be pendent science advisors, reviewed evidence tries have a reasonable standard to base their chairman of the committee and was from roughly 1,700 studies in the scientific re- operations. ranking member when I asked him to search of the health impact of ozone. They My amendment requires the EPA to care- work with us on a bipartisan energy unanimously concluded that the EPA needs fully study this issue and to determine the long bill policy, he said, I don’t believe ozone standards. This would ensure an ade- term impact on health, the industry and the there is such a thing as global warm- quate margin of safety for the public as re- environment. I strongly urge my colleagues to ing. It doesn’t exist, it’s not a problem. quired by law. This is about protecting our na- support a reasonable, fair and measured re- Why spend any effort or money to find tion’s health, industry, and our environment. sponse to addressing regulation of green- the solution? As a Houstonian the affects of H.R. 910 are house gases. And now, while the gentlelady’s of particular concern to me. A study conducted Under current law, The Clean Air Act pro- amendment is saying at least study by the American Lung Association ranked vides the EPA with the authority to take steps what will happen if you don’t do any- Houston as the 7th most ozone-polluted city in that will reduce greenhouse gas emissions. thing in this area, and he said that’s the country. Children, teens, senior citizens, On April 2, 2007, the Supreme Court ruled in not needed either. I think at least we and people with lung diseases like asthma, Massachusetts v. EPA that greenhouse gas, ought to know what the gentlelady is chronic bronchitis, emphysema and others are constitute ‘‘air pollutants’’ as the phrased is particularly vulnerable to poor air quality and suggesting, and that is, what would be used in the Clean Air Act. Such pollutants may are at risk for developing irreversible lung the long-term impact if we do nothing. reasonably be anticipated to endanger public damage. A rise in poor air quality has the po- I support the Jackson Lee amend- health or welfare. As a result, the government tential to increase emergency room visits and ment. has the legal authority to issue standards for hospital admissions for respitory problems Ms. JACKSON LEE of Texas. I thank greenhouse gas emissions. As the Clean Air which increases the cost of healthcare to tax the distinguished gentleman for all of Act falls under the authority of the Environ- his work. payers. In Houston-Baytown-Huntsville, TX, over a mental Protection Agency, it is therefore legiti- I come as a peacemaker, Madam million children under the age of 18 will be mate for the EPA to regulate greenhouse Chair. Houston, by the American Lung negatively impacted if air quality continues to gases. My amendment ensures compliance Association, is the seventh most ozone- decline. Children exposed to air pollution suf- with a U.S. Supreme Court ruling. As written, polluted city in the Nation. The Su- fer stunted long growth, as well as develop- H.R. 910 would overturn Massachusetts v. preme Court clearly said under the ment of asthma, and increased respitory infec- EPA. As written H.R. 910 would overturns a Clean Air Act that it authorized the tions. ruling by the Supreme Court. Such an action EPA to regulate greenhouse gases as it According to the American Lung Associa- is too extreme when there are other more ten- makes a judgment that it impacts on tion, researchers have also concluded that able solutions available. climate change. At the same time prenatal exposure to air pollution harms chil- We cannot allow a total eradication/elimi- there are industries that happen to be dren, and increase the risk of babies being nation of the responsibilities of the EPA to reg- oil and gas that can sit down and ben- born with low birth weight. ulate greenhouse gases. This would impact efit from a real study that will talk We owe it to our children to provide clean, the health of our nation, negatively impact in- about best practices and also have the healthy air. We have an agency that is dustries, and overturns a Supreme Court rul- engagement that we need to have. charged with regulating our air quality. My ing. The present version of H.R. 910, without It is reckless to talk about what sci- amendment would ensure the EPA can con- amendment fails to provide a studied and entists have said. The Members are not tinue to protect our nation’s health by regu- measured approach when trying to find a bal- scientists, and I believe you cannot rid lating green house emissions. ance between the need for our nation to main- the EPA of its jurisdiction. This amendment will ensure that the EPA tain quality air levels and the need for our na- I would ask my colleagues to be reports to Congress its findings on the long tion to continue job growth. This bill takes a thoughtful, along with the industry, term negative impacts of greenhouse gases. sledge hammer approach that is too extreme. and let’s have a reasonable study. This Findings from a recent EPA study titled ‘‘As- The purpose behind my amendment is to impacts national security. sessment of the Impacts of Global Change on reach a compromise. To ensure that fair and I ask my colleagues to support my Regional U.W. Air Quality: A Synthesis of Cli- reasonable regulations can be implemented amendment. mate Change Impacts on Ground-Level without adverse effects to our nation’s air and Madam Chair, I rise today to offer an Ozone’’ suggest that climate change may lead our nations industry. amendment to H.R. 910, ‘‘Energy Tax Preven- to higher concentrations of ground-level Madam Chair, I believe it is very important tion Act of 2011.’’ H.R. 910 prematurely elimi- ozone, a harmful pollutant. Additional impacts to provide the EPA with the opportunity to nates the responsibilities of the Environmental of climate change include, but are not limited carefully study this matter and report back to Protection Agency to regulate greenhouse gas to: increase drought; more heavy downpours Congress within 60 days and urge my col- emissions. My amendment would require an and flooding, and harm to water resources, leagues to join me in supporting this amend- assessment of the industry by the Environ- agriculture, wildfire and ecosystems.’’ ment.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2366 CONGRESSIONAL RECORD — HOUSE April 6, 2011 HOUSTON MAYOR’S TASK FORCE ON THE HEALTH ments as well as testimony at two public any time you put forward legislation EFFECTS OF AIR POLLUTION hearings in Arlington, Virginia and Seattle, that trade groups send word out to Thousands of tons of potentially harmful Washington. EPA carefully reviewed, consid- membership and say, this is going to chemicals are discharged each day into ered, and incorporated public comments and save you a bucket full of money, and has now issued these final Findings. Houston’s atmosphere as a result of human you better jump on the bandwagon, and activities, substances, and technologies. Ms. JACKSON LEE of Texas. I yield there is no alternative or there is no Consequently, people living in Houston are back the balance of my time. exposed routinely to a myriad of pollutants basis of understanding the The Acting CHAIR. The question is underpinnings of what we are doing, in the air they breathe. Estimated and/or on the amendment offered by the gen- measured concentrations of some of these then you get that kind of praise. tlewoman from Texas (Ms. JACKSON airborne chemicals in ambient air are high I hope that many people who are enough to cause illness or injury in exposed LEE). with the industry, having practiced the individuals, especially those in our society The question was taken; and the Act- law, and I have seen some of the moun- who are most vulnerable, such as children ing Chair announced that the noes ap- tains that all industries have to climb, and seniors. Although the available data are peared to have it. I think we can find a reasonable way of incomplete and uneven, the Task Force sur- Ms. JACKSON LEE. Madam Chair, I functioning. veyed information on 179 air pollutants and demand a recorded vote. I just want to put in the RECORD that identified 12 substances in Houston’s air that The Acting CHAIR. Pursuant to the industry, which is part of the drive are definite risks to human health, 9 that are clause 6 of rule XVIII, further proof my friends on the other side, the oil probable risks, and 24 that are possible risks. ceedings on the amendment offered by Sixteen substances were found to be unlikely and gas industry does generate 9.237 risks to Houstonians at current ambient lev- the gentlewoman from Texas will be million jobs, $1 trillion contributed to els, and 118 substances were labeled uncer- postponed. the economy, $178 billion paid to the tain risks because there was inadequate or AMENDMENT NO. 2 OFFERED BY MS. JACKSON U.S. Treasury or to the government in insufficient information to determine wheth- LEE OF TEXAS royalties and bonus payments, and er they presently pose a health threat to The Acting CHAIR. It is now in order $95.6 billion in taxes, income taxes, $194 Houston residents. to consider amendment No. 2 printed in billion invested to improve the envi- House Report 112–54. ronmental performance of its products, MASSACHUSETTS V. ENVIRONMENTAL Ms. JACKSON LEE of Texas. I have PROTECTION AGENCY and $58.4 billion invested in low- and an amendment at the desk. zero-carbon emission technologies from THE U.S. SUPREME COURT SYNOPSIS The Acting CHAIR. The Clerk will 2000 to 2008. SUPREME COURT OF THE UNITED STATES designate the amendment. b 1610 MASSACHUSETTS ET AL., PETITIONERS, V. The text of the amendment is as fol- ENVIRONMENTAL PROTECTION AGENCY ET AL. lows: I encourage them to keep going. But Background: States, local governments, Strike sections 2 and 3, redesignate section the way that you keep going is not to and environmental organizations petitioned 4 as section 3, and insert after section 1 the eliminate the oversight body, but you for review of an order of the Environmental following: work with it. And my amendment is Protection Agency (EPA) denying a petition SEC. 2. CONSIDERATIONS AND PROCEDURES IN very clear. I create a pathway for the for rulemaking to regulate greenhouse gas FINALIZING GREENHOUSE GAS REG- industry to be engaged on any rule- emissions from motor vehicles under the ULATIONS. making. It shall provide a notice pe- Clean Air Act. The Court of Appeals for the In the interest of properly considering the riod of no less than 30 days specifically District of Columbia Circuit, 415 F.3d 50, dis- importance of energy to the national secu- missed or denied the petitions. Certiorari rity of the United States, before finalizing to the affected greenhouse gas pro- was granted. any greenhouse gas regulation the Adminis- ducers—and this is a sort of pipeline Holdings: The Supreme Court, Justice Ste- trator of the Environmental Protection for the industry—proposed to be regu- vens, held that: Agency— lated and allow industry-specific com- (1) state of Massachusetts had standing to (1) shall provide a notice period of no less ments to be submitted to the adminis- petition for review; than 30 days specifically to the affected trator separate and apart from the pub- (2) Clean Air Act authorizes the EPA to greenhouse gas producers proposed to be reg- lic comment period and to discuss the regulate greenhouse gas emissions from new ulated and allow industry-specific comments economic impact of the proposed regu- motor vehicles in the event that it forms a to be submitted to the Administrator regard- lation; provide for an opportunity for ‘‘judgment’’ that such emissions contribute ing the economic impact of the proposed reg- to climate change; and ulation on the regulated industry; and the regulated industry to request and (3), EPA can avoid taking regulatory ac- (2) provide an opportunity for the regu- receive a 60-day extension. And we tion with respect to greenhouse gas emis- lated industry to request and receive a 60- should take into consideration the ef- sions from new motor vehicles only if it de- day extension of such comment period dur- fect of the proposed regulation on termines that greenhouse gases do not con- ing which the Administrator shall conduct a greenhouse gas emissions. tribute to climate change or if it provides study to be submitted to Congress regard- These companies have employees liv- some reasonable explanation as to why it ing— ing in our community. And it is noted cannot or will not exercise its discretion to (A) the effect of the proposed regulation on that Houston, the Houston area to determine whether they do. the level of greenhouse gas reduction; Huntsville has some of the largest pol- Background: On April 2, 2007, in Massachu- (B) the effect of the proposed regulation on lutants in the air. We should also con- setts v. EPA, 549 U.S. 497 (2007), the Supreme energy production levels; Court found that greenhouse gases are air (C) the feasibility of implementation of the sider the effect of the proposed regula- pollutants covered by the Clean Air Act. The regulation on the entities being regulated; tion has on energy production, the fea- Court held that the Administrator must de- (D) the effect of the proposed regulation on sibility of the implementation of the termine whether or not emissions of green- the availability of energy to consumers; and regulation on the entities being regu- house gases from new motor vehicles cause (E) the adverse environmental effects of lated, the effect of the proposed regula- or contribute to air pollution which may rea- delaying implementation of the proposed tion on the availability of energy to sonably be anticipated to endanger public regulation. consumers, and the adverse environ- health or welfare, or whether the science is The Acting CHAIR. Pursuant to mental effects of delaying implementa- too uncertain to make a reasoned decision. In making these decisions, the Adminis- House Resolution 203, the gentlewoman tion of the proposed regulation. trator is required to follow the language of from Texas (Ms. JACKSON LEE) and a It allows a discussion that may not section 202(a) of the Clean Air Act. The Su- Member opposed each will control 5 be at the level that we would like it preme Court decision resulted from a peti- minutes. today. I can’t imagine, and I guess my tion for rulemaking under section 202(a) filed The Chair recognizes the gentle- friend on the other side of the aisle will by more than a dozen environmental, renew- woman from Texas. come up and show me all the letters able energy, and other organizations. Ms. JACKSON LEE of Texas. I am that he’s saying that are supporting On April 17, 2009, the Administrator signed going to take a slightly different per- legislation that completely obliterates proposed endangerment and cause or con- spective and ask my colleagues to sup- the opportunity for any governmental tribute findings for greenhouse gases under Section 202(a) of the Clean Air Act. EPA held port this amendment. oversight. I disagree. I want to know a 60-day public comment period, which ended Again, I am hoping, I know there are the question of whether or not we have June 23, 2009, and received over 380,000 public a lot of letters that my good friend had the kinds of discussions that war- comments. These included both written com- from Michigan says that he has, and rant a deliberative process and to bring

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2367 about a concept of listening to indus- not pass this because it was too con- in efficiency standards so that you can try and industry listening on the ques- troversial and it would affect jobs. It reduce those emissions. That’s all. tion of air pollutants. would affect jobs. And this is what we Ms. JACKSON LEE of Texas. I thank I hold up the mayor’s task force on are all concerned about. the gentleman. the health effectiveness. It talks about The last round of the Clean Air Act My friend from Illinois, have I got an Houston. But I’m not going to narrow where you could really talk about toxic amendment for you. I’m answering this to Houston. Wherever there are emittents cost thousands of jobs in your concern. companies that are refineries, as they southern Illinois, cost thousands of My amendment says it requires, be- so discussed, we are not trying to un- jobs in Kentucky and cost thousands of fore finalizing emission regulations on dermine that work. But does anyone jobs in the Ohio Valley. Again, you go greenhouse gas producers, the EPA want to live in China with the air pol- back to the basic premise if you price must provide the producer with ade- lutants that they have? carbon. quate notice of at least 30 days. The Let me just say that what we are ad- So what my colleague’s amendment provision would also allow for industry dressing is a question of balance. My does is it says let’s keep the EPA pric- input, encouraging collaboration be- amendment provides input by the in- ing of emittents that are not toxic— tween EPA and energy providers dur- dustry and by the EPA collaborating carbon dioxide is not a toxic emittent. ing the regulation process. on how this will impact going forward. It’s not nitrous oxide, it’s not sulfur di- Currently, the EPA does not have a I would like you to support my amend- oxide, it’s not a particulate matter, minimum time requirement. It also ment. and it’s not a criteria pollutant under gives another 60-day extension. This is I reserve the balance of my time. the EPA and the Clean Air Act. So about national security because air Mr. WHITFIELD. Madam Chair, I we’re saying, don’t regulate emittents pollutants and then no energy, bad on rise in opposition to the amendment. that aren’t toxic; don’t put a price on one side and bad on the other. Let’s get The Acting CHAIR. The gentleman carbon that will cost jobs. So that’s together. Because we can’t dismiss any from Kentucky is recognized for 5 min- why we need to reject this. of these energy sources, but they need utes. Now, in debates on the other amend- to be better. And how can we, since Mr. WHITFIELD. I would like to ments, this isn’t the only attack on the this is supposed to be the Supreme yield such time as he may consume to fossil fuel industry. Greenhouse gas is Court Constitution side, how can you the gentleman from Illinois (Mr. just one rule coming down. Then we’ve dismiss the constitutional right that SHIMKUS), the chairman of the Environ- got boiler MCH, we’ve got mercury EPA has to regulate? ment and the Economy Subcommittee. MCH, we’ve got cooling towers, we’ve I ask my colleagues to support this The Acting CHAIR. The gentleman got coal ash, we’ve got the transport amendment. This is an amendment for from Illinois is recognized for up to 5 rule, all separate rules, and these will them. minutes. affect the refining industry. Most of Madam Chair, I rise today in support of my Mr. SHIMKUS. I would like to thank these regulations are new regulations amendment No. 37 to H.R. 910, ‘‘Energy Tax my colleague from Kentucky for the coming down from the EPA to destroy Prevention Act of 2011.’’ H.R. 910 prematurely time, and I appreciate this opportunity the fossil fuel sector that raises costs eliminates the responsibilities of the Environ- to really talk about this. and destroys jobs. mental Protection Agency to regulate green- I rise reluctantly to oppose my friend So my colleague’s amendment, what house gas emissions. My amendment would from Houston. I know she has a lot of it does is it doesn’t change the reason protect our national security by considering in- her constituents who work in the fossil why we’re here. The reason why we’re dustry specific energy providers that are fuel industry and the refining industry here is saying, EPA, stop. If it’s a good uniquely connected to our national security. and the refinery section, but parts of enough policy, it can pass the legisla- This measure would expand the opportunity to the amendment do some disastrous tive body. But do you know what? It garner industry input during the rulemaking things to the bill. wasn’t a good enough policy to pass a process, and would provide the Environmental First of all, it strikes most of the Democrat-controlled Senate. And it Protection Agency with a timeframe to engage base text. We are here today—and I un- wasn’t good enough policy to get a bill with the industry during the process. derstand her position of wanting indus- to the President to sign into law. Madam Chair, this amendment requires that try to listen, we want EPA to listen. So why is it a good policy to let before finalizing emissions regulations on The whole debate, why we’re down unelected bureaucrats in the Environ- greenhouse gas producers, the Environmental here, is we want EPA to listen. And so mental Protection Agency move on a Protection Agency (EPA) must provide the as we address this debate, her amend- process to destroy jobs? Let’s be held producer with adequate notice of at least 30 ment would strike most of the base accountable. If we want to do that, days. This provision would also allow for in- text. And the whole reason why we’re let’s cast our votes. What we’re casting dustry input, encouraging collaboration be- here is to get the attention of the EPA our votes today for is to keep the cost tween the EPA and energy providers during and respond to the people who sent us of power low and save jobs, create jobs the regulation process. Currently, the EPA here to not hurt and harm job creation. and grow jobs. If you want job cre- does not have a minimum time requirement. My friends, Ranking Member WAX- ation, we support the underlying bill. By mandating industry engagement during MAN and MARKEY, their bill did not We do not support any amendment the rule making process We will ensure that pass the legislative process. It didn’t go that puts off telling the EPA to stop the proposed regulations do not negatively im- through both Chambers and did not get and desist and do no more. pact industry jobs and domestic energy. This signed by the President. Why? Because Again, the basic premise of the cli- amendment would force a discussion between we understood what would have hap- mate debate is putting a price on car- the government and the industry during We pened. We successfully argued the de- bon emission that is not toxic. And by rule making process so that jobs can be main- bate that energy costs go up. If you putting a price on there, you raise the tained, U.S. dependence on foreign oil can be price carbon, you raise the cost of elec- cost of energy that everybody uses. decrease, and the Supreme Court’s confirmed tricity. If you price carbon, you raise You raise the cost of home heating, responsibilities of the Environmental Protection the cost of manufacturing. If you price automobiles, electricity and the like. Agency will not be extinguished by short sight- carbon, you raise the cost of gasoline. Ms. JACKSON LEE of Texas. I yield ed legislation. Now in this recessionary economy, do 15 seconds to the ranking member, the As the Representative for Houston, the na- we want to do that? And do we want to gentleman from California (Mr. WAX- tion’s energy capital, I am committed to finding give the Environmental Protection MAN). a balance that will support continued growth in Agency the sole authority without our Mr. WAXMAN. Thank you for yield- the energy industry while protecting the envi- doing the process that I think the leg- ing to me. ronment. islative process allows us to do, to talk This bill, the EPA does not put a My amendment to H.R. 910 provides emis- about the winners and the losers, the price on carbon. The EPA is not setting sions producers in the energy industry the give and take? up a cap-and-trade program. The EPA ability to engage in discussions and studies What was decided in the last Con- is only saying, in new facilities with with the EPA. The provisions in this amend- gress was the legislative process could large amounts of carbon emissions, put ment will encourage communication between

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2368 CONGRESSIONAL RECORD — HOUSE April 6, 2011 the EPA and energy providers throughout the Mr. MCNERNEY. Madam Chair, I ‘‘(a) DEFINITION.—In this section, the term regulation process. have an amendment at the desk. ‘greenhouse gas’ means any of the following: Americans should not have to risk living with The Acting CHAIR. The Clerk will ‘‘(1) Carbon dioxide. highly polluted air. We must not shy away designate the amendment. ‘‘(2) Methane. The text of the amendment is as fol- ‘‘(3) Nitrous oxide. from the importance of the Clean Air Act and ‘‘(4) Hydrofluorocarbons. the role of the Environmental Protection Agen- lows: ‘‘(5) Perfluorocarbons. cy. This country needs energy. We utilize on In section 330(b)(2)(C) of the Clean Air Act, ‘‘(6) Sulfur hexafluoride. and off shore drilling exploration. We must en- as added by section 2 of the bill, after ‘‘dem- In section 330(b) of the Clean Air Act, as sure that the industries impacted are engaged onstration programs’’ insert ‘‘and voluntary added by section 2 of the bill— in the process while simultaneously regulating programs’’. (1) in paragraph (1)— the affects of green house gas. This is crucial b 1620 (A) in subparagraph (A), strike ‘‘under this Act’’ and insert ‘‘under title I or title V of to the daily lives of Americans. The Acting CHAIR. Pursuant to The Clean Air Act provides the EPA with the this Act’’; and House Resolution 203, the gentleman (B) in subparagraph (B), strike ‘‘The defini- authority to regulate emissions reduction. This from California (Mr. MCNERNEY) and a tion’’ and insert ‘‘For purposes of title I and authority was upheld by the Supreme Court’s Member opposed each will control 5 title V only, the definition’’; decision in Massachusetts v. EPA. Any at- minutes. (2) in paragraph (2)(A), strike ‘‘Notwith- tempt to strip the EPA of this responsibility The Chair recognizes the gentleman standing paragraph (4)(B), implementation’’ would undermine the Clean Air Act and exac- and insert ‘‘Implementation’’; and from California. erbate global warming. (3) strike paragraph (4) and redesignate Mr. MCNERNEY. Madam Chair, I rise The EPA must be allowed to regulate the paragraph (5) accordingly. emission of greenhouse gases. The climate to offer an amendment to H.R. 910. Strike section 3 of the bill (and redesignate Let’s be crystal clear about two change caused by these emissions affects section 4 of the bill as section 3). things. The bill we are considering temperature, causes extreme weather and The Acting CHAIR. Pursuant to today, which I will call the dirty air dramatically reduces air quality, resulting in House Resolution 203, the gentleman asthma, respiratory disease and lung cancer. act, is an attack on science, and it’s from Texas (Mr. CUELLAR) and a Mem- The EPA projects that continued improve- bad policy that will harm the Amer- ber opposed each will control 5 min- ments in air quality under the Clean Air Act ican people. The world’s scientific ex- utes. will save more than a trillion dollars by 2020, perts overwhelmingly agree that cli- The Chair recognizes the gentleman and prevent 230,000 deaths per year. By al- mate change is happening, it’s pri- from Texas. lowing the EPA to protect our environment marily caused by human activities, and Mr. CUELLAR. Madam Chair, I rise now, we provide security for future genera- it has harmful consequences. today to encourage my colleagues to tions. However, despite our disagreements support my amendment. Prohibiting the EPA from regulating green- about the merits of H.R. 910, I am offer- The intent of my amendment is quite house gas emissions to ensure clean air and ing an amendment that I think we can narrow. This amendment makes the slow the rate of climate change will have last- all support. My amendment is pro-envi- underlying legislation a question of au- ing consequences. We must, however, also ronment, pro-consumer, and pro-busi- thority, not a question of science. The consider the consequence to the energy in- ness to make sure that our country can amendment strikes the finding of the dustry. continue to administer voluntary pro- language from the particular bill. This H.R. 910 simply takes the wrong approach. grams to reduce pollution, improve ensures that H.R. 910 is only about Ar- Instead of focusing on developing standards public health, and address climate ticle I of the Constitution, giving the upon which both the Environmental Protection change. U.S. Congress the right to say whether Agency and the affected industries agree, it Mr. UPTON. Madam Chair, will the the EPA can or cannot regulate green- attempts to remove the Environmental Protec- gentleman yield? house gas. tion Agency from the process. Thereby baring Mr. MCNERNEY. I yield to the gen- Also, the amendment preserves the the industry from developing standards upon tleman from Michigan. authority of the agency to improve the which they can all agree. It is a matter of fair- Mr. UPTON. We are prepared to ac- efficiency of automobiles and light ness. The EPA would ensure that industries cept the agreement. trucks, an issue on which there is wide- would have a minimum standard to follow. Mr. MCNERNEY. I thank the gen- spread agreement. While H.R. 910 in- This measure would ensure the industry would tleman. tends to exempt auto standards, the be involved when determining the best prac- As currently written, H.R. 910 prohibits the legislation would stop the EPA from tices to ensure that reasonableness of those EPA from taking action to control greenhouse improving on any future car efficiency regulations. gas emissions. However, the bill provides a standards. This amendment does not Madam Chair, my amendment is essential few narrow exceptions, such as allowing for remove any enforcement power the to provide greater consideration to this sen- the continuation of statutorily authorized re- EPA has previously exercised since en- sitive issue by affording an opportunity for en- search, development, and demonstration pro- actment of the Clean Air Act. ergy providers to state the impact that the programs meant to combat climate change. My At the same time, this amendment posed rule would have on their industry. This amendment simply clarifies that voluntary pro- does not authorize new regulatory ini- amendment will forge important compromises grams to control climate change are also ex- tiatives beyond what the agency has between the EPA and the energy industry. I empted from the bill’s prohibitions and can done for decades. For example, the urge my colleagues to join me in supporting continue to take place. agency is in no way authorized by the my amendment. I yield back the balance of my time. amendment to undertake low carbon The Acting CHAIR. The question is The Acting CHAIR. The question is fuel standards or new emission guide- on the amendment offered by the gen- on the amendment offered by the gen- lines for permitting obligations for sta- tlewoman from Texas (Ms. JACKSON tleman from California (Mr. tionary sources. LEE). MCNERNEY). Finally, my amendment refines the The question was taken; and the Act- The amendment was agreed to. definition of H.R. 910 by removing ing Chair announced that the noes ap- AMENDMENT NO. 4 OFFERED BY MR. CUELLAR water vapor. This is consistent with peared to have it. The Acting CHAIR. It is now in order the legislation we have considered in Ms. JACKSON LEE of Texas. Madam to consider amendment No. 4 printed in the past of what is and isn’t greenhouse Chair, I demand a recorded vote. House Report 112–54. gas. Water vapor is not a long-term The Acting CHAIR. Pursuant to Mr. CUELLAR. Madam Chair, I have harmful warming cause. clause 6 of rule XVIII, further pro- an amendment at the desk. In short, this amendment makes the ceedings on the amendment offered by The Acting CHAIR. The Clerk will underlying legislation a question of the the gentlewoman from Texas will be designate the amendment. EPA’s authority granted under the postponed. The text of the amendment is as fol- Clean Air Act. AMENDMENT NO. 3 OFFERED BY MR. MCNERNEY lows: Madam Chair, I thank you for the The Acting CHAIR. It is now in order In section 330 of the Clean Air Act, as consideration of this amendment. I to consider amendment No. 3 printed in added by section 2 of the bill, amend sub- urge all of my colleagues to vote ‘‘yes’’ House Report 112–54. section (a) to read as follows: on this amendment.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2369 I reserve the balance of my time. that would equate to nothing more With that, Madam Chair, I yield back Mr. BARTON of Texas. Madam Chair, than a carbon tax at the pump. In a the balance of my time. I rise in opposition to the amendment. weak economy, this administration has Mr. OLSON. I yield the balance of my The Acting CHAIR. The gentleman is disregarded studies which have con- time to my colleague from Michigan recognized for 5 minutes. cluded that greenhouse gas regulations (Mr. UPTON). Mr. BARTON of Texas. I rise in oppo- will increase energy costs and destroy Mr. UPTON. Madam Chair, I would sition to my good friend from Texas, jobs. just urge again my colleagues to vote Mr. CUELLAR’s amendment. It may be An AP headline today read: ‘‘Rising ‘‘no’’ on this amendment. well intentioned, but it is poorly draft- Oil Prices Beginning to Hurt U.S. The Acting CHAIR. The question is ed. He may not have intended it, but if Economy.’’ These regulations will only on the amendment offered by the gen- we were to accept it, by allowing the force Americans to pay more. Further- tleman from Texas (Mr. CUELLAR). EPA to regulate anything under title 2, more, it is Congress, not the EPA, that The amendment was rejected. he would give the EPA authority not has constitutional authority to decide AMENDMENT NO. 5 OFFERED BY MR. MURPHY OF only to regulate tailpipe emissions if or how greenhouse gases should be CONNECTICUT from cars and trucks, but also author- regulated. The Acting CHAIR. It is now in order ity to regulate trains, planes, and any My home State of Texas has im- to consider amendment No. 5 printed in other mobile source. I don’t know that proved its air quality and increased its House Report 112–54. Mr. MURPHY of Connecticut. I have that was his intent, but that is cer- energy production even as we are having the largest population growth in an amendment at the desk. tainly the effect of the amendment. The Acting CHAIR. The Clerk will We oppose the amendment for that America. Our legislation allows America to designate the amendment. reason, for the drafting reason. We also The text of the amendment is as fol- find commonsense solutions that pro- oppose the amendment because it is lows: the majority’s opinion that we need, vide an affordable, reliable energy supply for our Nation, as well as providing Page 10, line 6, after subparagraph (C), in- after 2017, to have one regulator for sert the following new subparagraph: mobile sources, and that regulator is much-needed certainty to an unstable ‘‘(D) TECHNICAL ASSISTANCE.—Nothing in NHTSA, the National Highway Trans- job market. this section shall be construed to limit the portation Safety Administration. This I urge my colleagues to oppose this authority of the Administrator to provide amendment would have three regu- amendment and support the underlying technical assistance to States or groups of lators: NHTSA, EPA, and the State of bill, H.R. 910. States for the implementation of regulations California. I reserve the balance of my time. those States have adopted or may adopt con- Mr. CUELLAR. Madam Chair, I cerning the limitation of greenhouse gas We have been very careful in the thank my colleague from Houston and emissions, including providing any data de- drafting of the underlying bill to make my colleague from Dallas also. Just be- veloped in accordance with the rules or ac- sure that the existing standards for cause we drafted this doesn’t mean it tions repealed by subsection (b).’’. tailpipe emissions stay in place. This was poor drafting. With all due respect, The Acting CHAIR. Pursuant to bill does not change that. It would pre- if they have a problem with whether House Resolution 203, the gentleman vent EPA from issuing regulations for they want to put language there on from Connecticut (Mr. MURPHY) and a CO emissions for tailpipes, but the un- 2 science, that is one thing. My amend- Member opposed each will control 5 derlying bill does not prohibit regu- ment is on the same page as what they minutes. lating the various emissions under are trying to do. My amendment just The Chair recognizes the gentleman NHTSA and the State of California for strikes the findings. What we want to from Connecticut. tailpipe emissions that actually affect Mr. MURPHY of Connecticut. I yield do is H.R. 910 is only about Article I of fuel economy. myself such time as I may consume. The only thing even without this bill the Constitution, giving the U.S. Con- Madam Chair, this amendment is that the EPA would have the ability to gress the right to say whether EPA can fairly simple. While the underlying regulate are the emissions out of the or cannot regulate greenhouse gas. bill, though, I think very wrongly pre- This should not be a question of coolant of the air conditioning sys- vents the EPA from going forward on science. I think this should be a ques- tems. They have absolutely no effect regulating greenhouse gases, my tion of authority. We are on the same on fuel economy. So we oppose the amendment affirms that state-run page, but I see that the majority wants amendment. greenhouse gas programs will not be af- to keep the findings, and I can under- With that, I yield the balance of my fected by the underlying legislation. stand that. I just ask, Madam Chair- time to the gentleman from Texas (Mr. My amendment simply clarifies that woman, the support of this particular OLSON), and I ask unanimous consent language, by keeping in practice the amendment. longstanding tradition whereby the that he be allowed to control that I reserve the balance of my time. time. Mr. UPTON. Madam Chair, I think EPA will be able to continue providing The Acting CHAIR. Without objec- we have the right to close. How much technical assistance for States like tion, the gentleman from Texas is rec- time is remaining on each side? mine who have taken action on their ognized for 3 minutes. The Acting CHAIR. The gentleman own to combat climate change. I think There was no objection. from Texas (Mr. OLSON) does have the this is a good and perfecting amend- Mr. OLSON. I thank the chairman of right to close and has 1 minute remain- ment. Unfortunately, it doesn’t do the committee. ing, and the gentleman from Texas enough to allow me to support this leg- Madam Chair, I rise in opposition to (Mr. CUELLAR) has 21⁄2 minutes remain- islation. this amendment. H.R. 910 was carefully ing. I can’t support this legislation, be- written to provide the auto industry cause, as many have said before, it is with greater certainty by streamlining b 1630 simply an affront, an attack on the regulatory process with only one Mr. CUELLAR. I yield myself the science, on 99 percent of peer reviewed fuel economy regulator—NHTSA—from balance of my time. articles which have supported the idea 2017 onward. Madam Chair, again, my amendment that the United States needs to do This amendment would remove that is just about saying that H.R. 910 something as 5 percent of the world’s provision by requiring that we con- should be article I of the Constitution. population and 25 percent of the tinue to have three separate regu- The question is, does Congress have the world’s pollution. We have 230,000 lators—the EPA, NHTSA, and Cali- right to regulate or do we let the bu- deaths that have been prevented by the fornia—setting fuel economy stand- reaucrats decide? This is what my Clean Air Act, and the economic bene- ards. This is wasteful and duplicative amendment does. It just says that we, fits outweigh the costs of it by a 3-to- spending at a time when government the Members of Congress, should decide 1 margin. should be more efficient and providing whether the EPA can or cannot regu- But even if you set aside the sci- greater certainty for customers. late greenhouse gas. Again, this is a entific debate, there are dozens of This amendment would allow the question of authority and should not be other reasons why we should be sup- EPA to set low carbon fuel standards a question of science. portive of the United States and the

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2370 CONGRESSIONAL RECORD — HOUSE April 6, 2011 EPA taking a strong role on the issue I reserve the balance of my time. control from the Republican side. This of regulating greenhouse gases. It is an Mr. SCALISE. Madam Chair, I rise in is simply seeking to assist States in affront to the millions of unemployed opposition to the amendment. the work that they are continuing to workers in this country who are asking The Acting CHAIR. The gentleman do today. It does absolutely nothing to for leadership from this Congress on from Louisiana is recognized for 5 min- gut the underlying legislation, and it developing a new economy in the area utes. just adds clarifying language to allow of clean energy, to allow the EPA the Mr. SCALISE. I yield 21⁄2 minutes to States to move forward with their own ability to join other nations around the the gentleman from Kansas (Mr. systems of controlling greenhouse world in putting a downward pressure POMPEO). gases. on carbon emissions so that we can Mr. POMPEO. Madam Chairman, I I yield back the balance of my time. have an upward pressure on the num- rise in opposition to the Murphy ber of new clean energy jobs that this amendment. b 1640 I heard my colleague speak. He country can create. But even if you set Mr. SCALISE. Madam Chair, we are talked about it being a sad day, a day aside that argument, even if you set here today because the EPA has con- when Republicans and Democrats can- aside the science, set aside the jobs ar- tinued to push this effort to pass a na- not agree about the importance of en- gument, from a national security per- tional energy tax. It was tried through vironmental safety and clean air. I spective, we need to go forward with cap-and-trade over the last year and a could not disagree more. Those of us on these EPA regulations, or, in the ab- half. That bill went through the legis- our side care deeply to make sure we’ve sence, we need to be passing legislation lative process and was defeated in a bigot clean air and clean water and safe here in the United States Congress. partisan way. This is not a Republican We continue to send abroad Amer- drinking water. We care deeply about or a Democrat issue when we’re talking ican dollars to petro-dictators who use that. It is not a sad day. about preventing the EPA from run- it to funnel money to the very people I’ve been here in Congress for 90 days. ning millions of jobs out of our coun- that are seeking to attack this nation. Yesterday marked 3 months on station. try, and that is literally what’s at From a national security standpoint, The Democrats have been talking stake here. we need to be moving forward with a about jobs bills. Where are the jobs Believe me, as people look through greenhouse gas strategy. bills? Well, here’s one. Here’s the first I am proposing this amendment, of many. If we can begin to peel away the letters of support and as we comb though, because for all of the the burden and the disaster that are through the days of testimony that naysayers, for all of the people who the regulations that EPA is beginning we’ve had on this over the last 2 years talk about doomsday and Armageddon to place on our country, then we will with regard to this concept of the if these EPA regulations are to go into once again create an environment EPA’s regulating greenhouse gases, effect, I’d like them to come to Con- where the private sector can create Madam Chair, we are talking about a necticut, I’d like them to come to the jobs, where we can once again create proposal by the EPA that, according to 10 States that are part of the RGGI car- manufacturing jobs. the National Association of Manufac- bon emissions regime in which we have Until January 5 of this year, I was in turers, would run 3 million jobs out of seen what smart regulation of carbon the manufacturing sector. I was mak- our country. can do. We have set an aggressive ing things in the private sector. And I Now, we should all be here working standard in our RGGI system whereby watched as government got in the way feverishly to create jobs. In fact, our we are seeking a 10 percent reduction and made it expensive, drove up the legislation, the National Energy Tax in carbon, and we’re doing it through cost of energy so that our products Prevention Act, will create jobs be- the dreaded cap-and-trade regime that were not competitive. We are now, because it will remove the uncertainty many on the other side have talked ginning with H.R. 910, to peel that that exists today where so many em- about for years. back, to take on the task of restoring ployers, so many of our job creators, What have we seen in Connecticut? opportunity for Americans once again are scared to death of the threat now of The jury is in, the results are in, and to manufacture here in our country, regulation coming over; because, again, we have in the 10 RGGI States saved for those folks who are struggling to Congress rejected their proposal for the enough energy to equal the cumulative begin once again to afford energy for national energy tax through cap-and- input of 442,000 homes. We’ve saved an themselves, for their families, and for trade in a bipartisan way. immense amount of energy. Now by our small businesses. Mr. WAXMAN. Madam Chair, I have doing that, what’s happened to cost? I oppose the Murphy amendment be- a parliamentary inquiry. Well, guess what? Cost has plummeted. cause it guts what we’re trying to do in The Acting CHAIR. Does the gen- We have saved $744 million for con- H.R. 910, which is to once again put tleman from Louisiana yield to the sumers in Connecticut. Why? We’ve de- America back on a course that says gentleman from California for that creased demand for energy, and so we we’re going to have safe air, we’re purpose? have decreased cost. We have saved en- going to have clean drinking water, but Mr. SCALISE. If the gentleman has a ergy and we have decreased cost we’re going to do it in a way where the parliamentary inquiry, I don’t think through a system of carbon control not private sector can create jobs, we can that comes out of my time. dissimilar to ones we’ve talked about grow our economy, and we will not Mr. WAXMAN. Parliamentary in- in this Congress and not dissimilar to have to have the unemployment rate quiry. what we are looking at at the EPA that we have struggled through for the The Acting CHAIR. If the gentleman from Louisiana yields for the par- today. I propose this amendment as a last 21⁄2 years. way of simply allowing States to move Mr. MURPHY of Connecticut. May I liamentary inquiry it will come out of forward with what I think have been inquire as to how much time is remain- his time. very beneficial carbon reduction re- ing. Mr. SCALISE. I yield for a par- gimes in the absence of Federal con- The Acting CHAIR. The gentleman liamentary inquiry. trol. from Connecticut has 30 seconds re- PARLIAMENTARY INQUIRY I think it’s a sad day that we’re here maining, and the gentleman from Lou- Mr. WAXMAN. Madam Chair, my in- talking about this today. It used to be isiana has 3 minutes remaining. quiry is: Must the debate be on the that Republicans and Democrats could Mr. MURPHY of Connecticut. I yield pending amendment or can the debate at the very least agree on clean air. We myself the balance of my time. be on a broader bill? could at the very least agree on the I would inquire of the gentleman as Mr. SCALISE. I reclaim my time, fact that pollution was an issue which to how he thinks this amendment guts Madam Chair, because I am talking we should address. And the fact that the underlying legislation. All this specifically about the amendment. If I that is now a subject of disagreement, amendment does is simply allow for am allowed the opportunity to con- I think, is a grave statement on how the EPA to continue working with tinue with my comments, I have to fin- far the Republican Party has come States on their own systems. I think ish a thought first before we talk spe- over the last decade. the hyperbole has gotten a little out of cifically about the amendment.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2371 First of all, if you look at what hap- Mr. WAXMAN. Reserving the right to So I think we’ve debated it very thor- pened by legislation, they tried legisla- object, I would plead with my chair- oughly. I understand your position, and tion, and the legislation failed. A bi- man to agree to an additional minute I respect the gentleman from Connecti- partisan vote defeated that legislation. to each side because I think that there cut’s position. I just don’t agree. I Then they came back with regulation. is an important issue that is being ig- think we need to preserve American So this proposed regulation is being ad- nored in this particular amendment. jobs and let the States do what they al- dressed by our bill, the underlying bill. Each side may not need to take up the ready do such a good job of doing; but The amendment by the gentleman 2 minutes. we need to tell the EPA that ‘‘no’’ from Connecticut proposes to create a Mr. UPTON. We’re working against means ‘‘no.’’ They’ve got their own loophole to continue to allow the EPA the clock a little bit; so I would prefer role to play, and it’s not regulating to get their nose back under that tent that we just do one and one and end it greenhouse gases. to regulate greenhouse gases. You can there on this amendment. AMERICAN IRON AND STEEL INSTITUTE, just look at the language to see that it Madam Chair, I ask unanimous consent that each side have 1 additional Washington, DC, March 9, 2011. allows for that loophole that we’re try- Hon. FRED UPTON, ing to close. minute on this amendment. Chairman, House Committee on Energy and First of all, in a bipartisan fashion, Mr. WAXMAN. I ask unanimous con- Commerce, Rayburn House Office Building, Madam Chair, Congress has said we sent that each side have 11⁄2 minutes. Washington, DC. don’t want the EPA imposing the na- The Acting CHAIR. Is there objection to the request of the gentleman from DEAR CHAIRMAN UPTON: On behalf of the tional energy tax that cap-and-trade American Iron and Steel Institute (AISI), I Michigan for 1 minute for each side? would propose. We don’t want those am pleased to offer our support for H.R. 910, There was no objection. the Energy Tax Prevention Act (EPTA). This millions of jobs leaving our country. The Acting CHAIR. The gentleman Then they came back through regula- legislation is necessary to prevent EPA from from Louisiana (Mr. SCALISE) and the regulating greenhouse gases (GHGs) from tion, and they said, Well, we’ll just do gentleman from Connecticut (Mr. MUR- it through regulation, a de facto cap- stationary sources under the Clean Air Act, PHY) each will control 1 extra minute. thereby removing a regulatory uncertainty and-trade energy tax, because they Mr. MURPHY of Connecticut. I yield that is impeding domestic economic growth couldn’t get it passed through Con- the balance of my time to the gen- and job creation. gress. tleman from California (Mr. WAXMAN). Of course, anyone who has taken AISI is comprised of 25 member companies, The Acting CHAIR. The gentleman including integrated and electric furnace civics knows you’re supposed to go from California is recognized for 1 steelmakers, and 140 associate and affiliate through the legislative process if you minute. members who are suppliers to or customers want to change policy. So, if our under- Mr. WAXMAN. I thank the majority of the steel industry. AISI’s member compa- lying bill passes the House, then they for their graciousness in allowing for a nies represent approximately 80 percent of won’t be able to go through regulation; clarification. both U.S. and North American steel capac- but the gentleman’s amendment would This amendment simply says all that ity. The steel industry in the U.S. has sub- actually say that there would be a you suggest in your bill would become stantially reduced its GHG emissions over loophole even though Congress would law, if it were passed, with the excep- the past two decades. The industry has re- say, No, you don’t have the authority tion that we would continue to allow duced its energy-intensity by 30% since 1990, to do that. You can’t run those jobs to the EPA to give technical information and reduced while GHG emissions by 35% places like China where they have ab- to the States. It does not replace the over the same time period. The industry has well exceeded the Kyoto Protocol targets, is solutely no environmental controls other restrictions on EPA. It only al- committed to continued improvement, and that we have today, which are dramati- lows them to give technical informa- hasn’t waited for Congress or EPA to act. cally better than those they have in tion to the States, which they do al- The domestic steel industry is both en- China and India and in some of the ready without regulating greenhouse ergy-intensive and subject to substantial other countries, countries which would gases, under the United Nations international competition. In particular, be happy to take the millions of Amer- Framework Convention on Climate this competition comes from nations such as Change, which was ratified by the Sen- ican jobs that would flee this country China, where no similar CO2-reduction legis- if they were able to get away with it. ate in 1992 after submittal by President lation or regulatory policies exist. In the ab- We have to reject this amendment Bush. Because of this international sence of an international agreement on GHG and take that loophole away. Don’t agreement, we try to keep track of emissions reductions, EPA regulation of sta- give them that loophole to continue to what’s going on, and the States should tionary sources will only transfer emis- regulate greenhouse gases through a de be able to talk to the EPA and to get sions—and high-value manufacturing jobs— facto cap-and-trade national energy expert advice from the EPA unless you overseas. This will have a negative impact tax. So I would ask that we reject this think the States should not be allowed on domestic industry and will not result in a net emissions reduction worldwide. amendment and pass the underlying to do anything on their own, which bill. would be something beyond the scope As you know, the Clean Air Act was not The Acting CHAIR. The time of the of this amendment. written to regulate greenhouse gas emis- gentleman has expired. So I would urge my colleagues who sions, and is therefore the wrong mechanism In response to the gentleman from support their bill not to be against this for EPA to use in this case. No policies have been proposed to accompany the EPA regula- California’s parliamentary inquiry, re- amendment. tions to address competitiveness concerns of marks are to be confined to the ques- The Acting CHAIR. The time of the energy-intensive, trade-exposed industries, tion under debate. gentleman has expired. such as steel. The result will be the ‘‘leak- Mr. WAXMAN. Madam Chair, I ask Mr. SCALISE. I appreciate the offer age’’ of emissions and manufacturing jobs to unanimous consent that we expand the of the gentleman from California, but I competitor nations without comparable reg- debate by 2 minutes on each side on cannot adhere to a United Nations ulations, which is problematic from both the this particular amendment. framework. I cannot adhere to the abil- economic and environmental perspectives. The Acting CHAIR. Is there objection ity for the EPA to continue to keep If the EPA is allowed to proceed with its to the request of the gentleman from their nose under the tent to provide GHG regulations from stationary sources, California? whether it’s called ‘‘technical assist- plants in the steel industry will be forced to Mr. UPTON. One and one. Why don’t ance’’ or whether they try to continue adhere to yet another level of new strict reg- we do 1 minute each. to push things, because the EPA does ulations and be required to obtain costly per- Mr. WAXMAN. Two and two. Let’s do interact with States on other issues, mits. This would be a devastating blow to in- 2 minutes each. and I surely would not want to see vestment and growth in the industry, not to Mr. UPTON. We can accept one and some kind of situation where the EPA mention the implications of coupling these is going to try to hold something else regulations with the recession that has hit one. the country and the manufacturing econ- Madam Chair, I ask unanimous con- over a State’s head and use this threat, omy. sent that the majority and the minor- because they really do want the chance Sincerely, ity each have an additional 1 minute to regulate greenhouse gases and im- THOMAS J. GIBSON, on this amendment. pose an energy tax. President and Chief Executive Officer.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2372 CONGRESSIONAL RECORD — HOUSE April 6, 2011 [From Americans for Prosperity, March 3, for American industry, but by ideology tion representing the interests of over 2,000 2011] alone. community-owned, non-for-profit electric AMERICANS FOR PROSPERITY APPLAUDS REP- Rep. Upton seeks to restore the role of the utilities. These utilities include state public RESENTATIVES COLLIN PETERSON, DAN U.S. congress in the development and imple- power agencies, municipal electric utilities, BOREN AND NICK RAHALL FOR SUPPORTING mentation the nation’s climate and energy and special utility districts that provide EPA PREEMPTION policy. Their bill is not a referendum on cli- electricity and other services to over 46 mil- mate change or greenhouse gases but rather lion Americans. AFP today commended three senior Demo- who will set our country’s energy policy— APPA believes that the Clean Air Act cratic representatives—Collin Peterson of elected Representatives or unaccountable (CAA) is not appropriately designed to ad- Minnesota, Dan Boren of Oklahoma and Nick political appointees. dress greenhouse gas (GHG) emissions and Rahall of West Virginia—for cosponsoring In the interest of preserving our economic that the Environmental Protection Agency’s the Inhofe-Upton bill to clarify that the En- freedom, and the proper authority of con- (EPA) efforts to regulate such gases under vironmental Protection Agency (EPA) has gress, please join me in supporting the En- the statute are causing undue uncertainty no authority to regulate greenhouse gasses ergy Tax Prevention Act of 2011. for the electric utility sector and are likely under the Clean Air Act (CAA). Onward, to result in unnecessarily high costs. In par- ‘‘It’s great to see three leading Democratic GROVER G. NORQUIST. ticular, APPA members are concerned with congressmen speak with such a clear voice the application of Best Available Control that EPA should not be allowed to go around MARCH 9, 2011. Technologies (BACT) for GHG emissions Congress to adopt job-killing global warming Re Upton-Inhofe Bill a Key Step Toward under New Source Review (NSR) and the regulations,’’ said AFP vice President for Stopping EPA’s GHG Regulations. planned establishment of Section 111 New Policy Phil Kerpen. ‘‘These regulations DEAR CHAIRMAN UPTON AND CHAIRMAN Source Performance Standards for GHGs for amount to a backdoor effort to adopt restric- WHITFIELD: On January 2, 2011, the U.S. En- new, modified, and existing electric power tions similar to the cap-and-trade bill Con- vironmental Protection Agency (EPA) began plants. No commercially available tech- gress and the American people already re- regulating greenhouse gas (GHG) emissions nologies currently exist to reduce GHG emis- jected.’’ from stationary sources. EPA’s rules require sions. APPA also believes that many states ‘‘AFP commends free market heroes like industrial sites, power plants and other busi- will find that they need additional time in order to implement any final EPA regu- Senator Inhofe and Congressman Upton for nesses that emit GHGs above certain thresh- latory action given state budget cuts, staff challenging unelected bureaucracies like the olds to apply for a permit whenever they reductions, and other administrative issues. EPA when they try to bypass the American want to build or modernize their facilities. For these reasons, APPA supports congres- people,’’ said president of AFP, Tim Phillips. In today’s fragile economy, when we need sional action to preempt EPA’s authority to The Clean Air Act is so ill-suited to being American businesses to be expanding at full twisted as a global warming bill that EPA regulate GHG emissions under the CAA. speed, these rules create uncertainty and Instead, APPA believes Congress should resorted to disregarded statutory thresholds delay. and demanding that states amend their laws address the issue of climate change through We welcome the efforts of lawmakers from new legislation and supports efforts to do so to conform. This so-called Tailoring Rule is both parties to stop the EPA’s harmful regu- being contested in court and experts predict on an economy-wide basis that properly bal- lations so that business growth and hiring ances environmental goals with impacts on it is unlikely to survive the legal challenge. can continue. We applaud the leadership that ‘‘Kudos to Boren, Peterson, and Rahall for consumers and the economy. Such legisla- you and Senator Inhofe are providing on this tion should create a new regime for reducing standing up to the EPA and doing what’s issue through the introduction of The En- GHG emissions that is separate and apart right,’’ Kerpen concluded. ‘‘I hope more ergy Tax Prevention Act of 2011 (H.R. 910). from the CAA, which was created to address Democrats will put jobs, the economy, and This bipartisan legislation is helping to keep criteria pollutants for human health protec- legitimate legislative process ahead of envi- attention squarely focused on the issue and tion. ronmental extremism and join them.’’ building momentum toward a solution. Thank you for your leadership on this im- Congress, not EPA, should be guiding portant issue affecting electric utilities. I AMERICANS FOR TAX REFORM, America’s energy policy. Without action by hope you will feel free to contact me or the Washington, DC, March 7, 2011. lawmakers, EPA’s regulations will make it APPA government relations staff with any DEAR REPRESENTATIVE: On behalf of Ameri- difficult to attract new manufacturing ca- questions. cans for Tax Reform (ATR) and millions of pacity and jobs to the United States, let Sincerely, taxpayers nationwide, I urge you to support alone double U.S. exports in five years, as MARK CRISSON, Rep. Fred Upton’s (R-Mich.) Energy Tax Pre- President Obama has pledged. Moving your President & CEO. vention Act of 2011. If passed, this legislation legislation forward is a critical first step. Mr. SCALISE. I yield back the bal- will return the obligation of setting Amer- We look forward to working with you to ica’s climate policy to Congress from the En- stop harmful regulations and in doing so, ance of my time. vironmental Protection Agency (EPA). strengthen the economic recovery, support The Acting CHAIR. The question is Since losing the Cap-and-Trade debate, American manufacturing and create jobs. on the amendment offered by the gen- Democrats have turned to the EPA to im- Sincerely, tleman from Connecticut (Mr. MUR- pose their radical environmental agenda on American Chemistry Council, American PHY). this country. The impetus behind Cap-and- Coalition for Clean Coal Electricity, Amer- The question was taken; and the Act- Trade was to force Americans to move to- ican Forest & Paper Association, American ing Chair announced that the noes ap- wards less efficient, more expensive sources Iron and Steel Institute, American Petro- peared to have it. of energy. Similarly, the EPA is attempting leum Institute, Brick Industry Association, Mr. MURPHY of Connecticut. Madam to achieve this end through the regulation of CropLife America, Industrial Minerals Asso- Chair, I demand a recorded vote. greenhouse gases. ciation, National Association of Manufactur- The Acting CHAIR. Pursuant to Standing on legally precarious ground, the ers. EPA is citing the Clean Air Act as justifica- National Association of Wholesaler-Dis- clause 6 of rule XVIII, further pro- tion for its dubious agenda. Employing the tributors, National Lime Association, Na- ceedings on the amendment offered by Clean Air Act for objectives it was never in- tional Mining Association, National Oilseed the gentleman from Connecticut will tended to realize, the EPA has infringed on Processors Association, National Petro- be postponed. the legislative responsibilities of Congress. chemical and Refiners Association, The Alu- AMENDMENT NO. 6 OFFERED BY MR. WAXMAN The Energy Tax Prevention Act has been minum Association, The Fertilizer Institute, The Acting CHAIR. It is now in order introduced to put a stop to such regulatory U.S. Chamber of Commerce. to consider amendment No. 6 printed in overreach and abuse. Addressing one of the most pressing problems facing this country, House Report 112–54. AMERICAN PUBLIC POWER Mr. WAXMAN. Madam Chair, I have the Energy Tax Prevention Act bars federal ASSOCIATION, regulators from co-opting the Clean Air Act Washington, DC March 9, 2011. an amendment at the desk. to regulate greenhouse gases. Hon. FRED UPTON, The Acting CHAIR. The Clerk will If the EPA continues on its current course, Chairman, House Energy & Commerce Com- designate the amendment. unelected federal bureaucrats will continue mittee, Rayburn House Office Building, The text of the amendment is as fol- to unilaterally dictate ruinous economic Washington, DC. lows: policies. We should hold President Obama to Hon. ED WHITFIELD, At the end of the bill, add the following his stated commitment to reassess America’s Chairman, House Energy & Power Sub- new section: regulatory system in the name of economic committee, Rayburn House Office Building, SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCI- growth and fiscal responsibility. The Presi- Washington, DC. ENTIFIC FINDINGS. dent should be reminded that the EPA’s ini- DEAR CHAIRMAN UPTON AND CHAIRMAN Congress accepts the scientific findings of tiatives to regulate greenhouse gasses would WHITFIELD: On behalf of the American Public the Environmental Protection Agency that raise energy prices, destroy businesses, and Power Association, I am writing to express climate change is occurring, is caused large- ship jobs overseas. These policies are moti- our support for the Energy Tax Prevention ly by human activities, and poses significant vated not by science, and not out of concern Act. APPA is the national service organiza- risks for public health and welfare.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2373 The Acting CHAIR. Pursuant to a role. This amendment would have Madam Chair, this is an amendment House Resolution 203, the gentleman Congress adopt intentionally vague that attempts to reverse the entire from California (Mr. WAXMAN) and a language on human involvement and thrust of this legislation. In effect, it Member opposed each will control 5 the risks associated with climate gives the proxy to the EPA to make de- minutes. change without defining the size and terminations that will have vast im- The Chair recognizes the gentleman scope of human behavior and the risk pact on our economy without going from California. to the environment. through the usual legislative process. Mr. WAXMAN. Madam Chair, I rise Madam Chair, I believe that we must This is our job to make a determina- to offer an amendment, with my col- reduce our dependence on foreign oil tion on whether the Clean Air Act is leagues Representatives DEGETTE and and expand research and development the proper vehicle to deal with issues INSLEE, that recognizes the scientific of clean energy sources and ensure that related to greenhouse gases. reality of climate change. future generations of Americans have a This is not a debate on the under- Our amendment states that Congress clean and healthy environment. But I lying science of climate change, and I accepts EPA’s scientific finding that do not believe in the notion that the think that has to be made clear. But if climate change is occurring, is caused Waxman amendment puts forward that we do want to talk about the EPA’s largely by human activities, and poses states that Congress shall only accept ability to mitigate climate change, significant risks for public health and the scientific findings of the EPA. We let’s focus on their own projections. welfare. This simple recognition is far should encourage open, transparent EPA’s analysis of the current rule from enough, but it is crucially impor- scientific studies, not limit our sci- states that it will only result in 1/100 of tant. As long as Congress pretends that entific findings to one government a degree of lowering of the Earth’s av- climate change isn’t occurring, we can agency. erage temperature by the year 2100. Ad- justify not addressing it. We must work together in a bipar- ministrator Jackson herself stated be- Last month, the eminent scientific tisan manner to promote clean energy fore the Energy and Commerce Com- journal Nature wrote an editorial enti- and encourage greater energy effi- mittee that EPA regulation will not ul- tled, ‘‘Into Ignorance.’’ ciencies to guarantee that our children timately be able to change the amount and grandchildren have a cleaner envi- b 1650 of CO2 that is accumulating in the at- ronment than we have today. mosphere if other nations do not agree And I want to read from this edi- I urge a ‘‘no’’ vote on this amend- torial: ‘‘Republicans on the Energy and also to limit emissions. And they ment. aren’t, and they won’t. Commerce Committee have made clear Mr. WAXMAN. Madam Chair, I yield So, regardless of whether or not Con- their disdain for climate science. At a 1 minute to the gentleman from Wash- gress issues a scientific finding based subcommittee hearing, misinformation ington (Mr. INSLEE). was presented as fact, truth was twist- Mr. INSLEE. I appreciate my Repub- upon a 10-minute amendment debate, ed, and nobody showed any inclination lican colleague’s statement, but the we are faced with the indisputable fact to listen to scientists. There has been clear fact of this bill is, if it passes, that EPA greenhouse gas regulations an embarrassing display, not just for what does it do? It basically says that will lead to billions upon billions of the Republican Party, but also for Con- Sir Isaac Newton, Albert Einstein, and dollars leaving our economy with abso- gress and the U.S. citizens it rep- Thomas Edison didn’t know what they lutely zero environmental benefit. This resents.’’ were talking about because this bill, in amendment flunks the cost-benefit The U.S. Congress has entered the in- rather clear form, caters to a narrow analysis. It ought to be rejected. tellectual wilderness. This amendment sector of a narrow political interest to We are here today about protecting is a step out of that wilderness. It says ignore clear science. And there is no the economy, job creation, and stop- we accept the scientific findings of way you can get around this or sweet- ping energy prices from skyrocketing. EPA—and the best scientists in our talk your way around this clear rejec- That’s what will happen if this amend- country and around the world—that tion of science. ment is adopted. It should be rejected climate change is a serious threat to Now, this isn’t just us. Who has in the name of jobs and a healthy econ- our health and welfare. And it recog- cleared and said this statement that we omy. nizes that while we have the power to seek to put in this bill is correct? Only Madam Chair, I yield back the bal- change the laws of our Nation, we can- the National Academy of Sciences, ance of my time. Mr. WAXMAN. Madam Chair, to not rewrite the laws of nature. NOAA, the Department of Defense, the It may be difficult for us to agree on Centers for Disease Control, the Amer- close, I yield the balance of my time to a solution to climate change, but at ican Meteorological Society, the Amer- my colleague, who is a cosponsor of least we should be able to agree that it ican Geophysical Union, the Geological this legislation along with myself and is a real problem and one we need to Society of America, the American As- Mr. INSLEE, the gentlewoman from Col- address. sociation for the Advancement of orado (Ms. DEGETTE). I hope my colleagues will support Science, the American Institute of Ms. DEGETTE. I thank the ranking this amendment. Physics, and the American Chemical member for allowing me to close. Madam Chairman, I reserve the bal- Society. But one side of the aisle This amendment gives Members of ance of my time. thinks that the tea party has greater the House what should be a very simple Mr. SENSENBRENNER. Madam scientific credibility, and that’s who choice: recognize the overwhelming Chairman, I rise in opposition to the you are catering to when you refuse to science or vote to deny the over- amendment. adopt this amendment. whelming science. The Acting CHAIR. The gentleman Let’s have a bipartisan statement of We in Congress can certainly change from Wisconsin is recognized for 5 min- the problem so that we can have a bi- the laws of this country, but last I utes. partisan statement of the solution. heard we cannot change the laws of na- Mr. SENSENBRENNER. Madam Mr. SENSENBRENNER. Madam ture. There is no serious disagreement Chairman, I yield 11⁄2 minutes to the Chair, I am the only speaker left, and on the science of climate change. In gentleman from Illinois (Mr. DOLD). I believe that I have the right to close. fact, the findings have been confirmed Mr. DOLD. Madam Chair, I believe in So if the gentleman from California by all leading scientific academies science. I also know that the Earth has could use the remainder of his time. around the world. The National Acad- been warming for some time. In fact, The Acting CHAIR. The gentleman emy of Sciences last year issued a se- the underlying bill, H.R. 910, concludes from California has the right to close. ries of comprehensive reports that are by acknowledging there is scientific The gentleman from Wisconsin has unambiguous. It says, for example, concern over the warming of the cli- 31⁄2 minutes remaining; the gentleman ‘‘Climate change is occurring. It is mate system and that addressing the from California has 2 minutes remain- caused largely by human activities, climate change is an international ing. and in many cases it is already affect- issue. Mr. SENSENBRENNER. Madam ing a broad range of human and nat- I believe that human activity is also Chair, I yield myself the balance of my ural systems.’’ And even a team of sci- playing a role. The question is how big time. entists from UC Berkeley, who were

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2374 CONGRESSIONAL RECORD — HOUSE April 6, 2011 told to try to disprove global climate It is science, hard facts, and figures concluded that greenhouse gases pose change, just reported last week to a that have led hundreds of scientists to no direct adverse health effects. congressional committee that in fact confirm that global warming is real. Here’s what the EPA has stated: global climate change is occurring. Despite the other numbers you may ‘‘Current and projected ambient green- This is simple. This is clear. H.R. 910 have heard, the most convincing one is house gas concentrations remain well represents an effort to deny and run that there are over 200 peer reviewed below published thresholds for any di- away from science and reality. It ig- scientific studies that have determined rect adverse health effects, such as res- nores one of the chief drivers behind that global warming is real and that piratory or toxic effects.’’ our need for a clean and modernized en- man contributes to that, and exactly So even if the EPA had concluded ergy policy: massive and growing zero that have proved or shown evi- that there were direct health impacts, human consumption of carbon-based dence to the contrary. EPA’s own administrators concluded fuels. It was science that led the Congress that the agency’s greenhouse gas rules Last Congress, and again today, I to pass the Clean Air Act, the act are not going to be effective in appre- chose to be on the side of those who which designated the EPA as the body ciably reducing temperatures or global acted to address a climate disaster and charged with overseeing, adapting, and emissions. put into place the framework for an en- implementing these regulations. It was Administrator Jackson has said: ‘‘We ergy policy which this country so pain- science that led the Supreme Court to will not ultimately be able to change fully goes without and so little can af- rule in 2007 that the Environmental the amount of CO2 that is accumu- ford. I urge my colleagues to do the Protection Agency does in fact have lating in the atmosphere alone.’’ If same. the authority to regulate greenhouse anything, EPA’s global warming rules Vote ‘‘yes’’ on this amendment. Vote gases. will cause global emissions to increase ‘‘no’’ on the underlying bill and stand My amendment is simple. It directs as U.S. manufacturing and industry with science. the GAO to report the cost of health goes to countries with much less strin- The Acting CHAIR. The question is care under the Clean Air Act, and then gent environmental laws. on the amendment offered by the gen- to report the costs of health care with I urge my colleagues to vote ‘‘no’’ on tleman from California (Mr. WAXMAN). this bill passing as it modifies the this amendment. The question was taken; and the Act- amendment. I reserve the balance of my time. ing Chair announced that the noes ap- In 2010 alone, the EPA reported the Mr. QUIGLEY. Madam Chair, I guess peared to have it. reduction in fine particulate and ozone my response is, with all due respect, Mr. WAXMAN. Madam Chair, I de- pollution from the Clean Air Act pre- prove me wrong. If there is no health mand a recorded vote. vented more than 160,000 premature care risk, let the GAO independent The Acting CHAIR. Pursuant to deaths, 130,000 heart attacks, 13 million analysis prove us wrong. clause 6 of rule XVIII, further pro- lost workdays, and 1.7 million asthma But there’s a lot at stake here, and I ceedings on the amendment offered by attacks. These are serious health would defy anyone to say that green- the gentleman from California will be issues that burden the government house gases are not in and of them- postponed. with serious bills. selves—putting aside the issue of glob- We face serious budgetary times. We al warming—dangerous because many b 1700 may be out of a recession, but we are of them are precursors to ozone. I live AMENDMENT NO. 7 OFFERED BY MR. QUIGLEY far from recovered. If we are com- in Chicago, which is the morbidity and The Acting CHAIR. It is now in order mitted to making the government mortality capital of the United States to consider amendment No. 7 printed in more efficient and effective to cutting for people who are afflicted with asth- House Report 112–54. waste, fraud, and abuse, we must ac- ma, and there is a dramatic and direct Mr. QUIGLEY. I have an amendment knowledge that spending a smart dol- impact of what ozone does to those at the desk. lar up front saves many dollars on the people suffering from asthma. The Acting CHAIR. The Clerk will back end. So prove me wrong. Show me how designate the amendment. I encourage my colleagues to support we’re wrong on this. Let there be a The text of the amendment is as fol- this amendment that will allow the ex- study which goes to this, because if I’m lows: perts at the GAO to show us a world wrong, no damage done. But if there is At the end of the bill, add the following: with the Clean Air Act and a world some danger here and we have decided SEC. 5. GAO REPORT. without. My estimation is that a world that it is not worth our study, then we Not later than one year after the date of with less mercury in our water and less have done a grave disservice to the enactment of this Act, the Comptroller Gen- ozone in our air will cost far less in American public and put their lives at eral shall submit to Congress a report containing the results of a study of health care dollars and deaths than the opposite, risk. costs in the United States as affected by the but I will defer to the experts and look I yield back the balance of my time. elimination of Environmental Protection forward to their report on this subject. Mr. HARPER. I yield the balance of Agency regulation under this Act, as com- I reserve the balance of my time. my time to the gentleman from Geor- pared to health care costs in the United Mr. HARPER. I rise in opposition to gia (Mr. GINGREY). States as would be affected by the Environ- the amendment. Mr. GINGREY of Georgia. Madam mental Protection Agency proceeding with The Acting CHAIR. The gentleman Chair, I want to thank the chairman of regulation in its role as determined in Mas- from Mississippi is recognized for 5 the Energy and Commerce Committee, sachusetts v. EPA (549 U.S. 497 (2007)). minutes. Mr. UPTON, and the gentleman from The Acting CHAIR. Pursuant to Mr. HARPER. This amendment filed Mississippi (Mr. HARPER) for yielding House Resolution 203, the gentleman by the gentleman from Illinois would time for me to speak on this amend- from Illinois (Mr. QUIGLEY) and a Mem- require a GAO study to be completed, 1 ment. ber opposed each will control 5 min- year, analyzing how health care costs I rise in strong opposition to the utes. are affected if EPA does not proceed Quigley amendment because it rep- The Chair recognizes the gentleman with regulation in its role as deter- resents an unnecessary use of case law from Illinois. mined in Massachusetts v. EPA. in Massachusetts v. EPA. Some of what Mr. QUIGLEY. Madam Chair, my You know, this case did not deter- I say is repetitive. Mr. HARPER has just amendment would require that the mine whether or how EPA should regu- said it, but it bears repeating, Madam GAO report to Congress the results of a late greenhouse gases. To the contrary, Chair. study of health care costs in the U.S. it did not mandate that EPA move for- This amendment requires the GAO to as affected by the elimination of EPA ward with global warming regulations, conduct a study analyzing how health regulation under this act. Further, the and it certainly did not direct the EPA care costs will be affected if the EPA report would also detail health care to begin regulating tens of thousands does not proceed with regulation in its costs in the U.S. proceeding under the or millions of stationary sources across role as determined in Massachusetts v. EPA’s current regulatory authority as the United States economy. EPA. determined in 2007 in Massachusetts v. In any event, no GAO study is needed Madam Chair, I would like to remind EPA. because the EPA, itself, has already the author of the amendment, Mr.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2375 QUIGLEY, that Massachusetts v. EPA b 1710 scope, specifically forbids them from did not determine whether or how the AMENDMENT NO. 8 OFFERED BY MR. POLIS telling people to get out of the way. EPA should regulate greenhouse gases. The Acting CHAIR. It is now in order Yet that’s exactly what this bill does Furthermore, a GAO study on this to consider amendment No. 8 printed in with the very real and present danger. matter is not necessary because the House Report 112–54. I, for one, want the EPA to be able to EPA has already concluded that green- Mr. POLIS. I have an amendment at protect me, and my family and my con- house gases have no adverse health ef- the desk. stituents and all American families fect. The Acting CHAIR. The Clerk will when the overwhelming warning signs Specifically, the EPA has stated: designate the amendment. say they should do just that. But if this ‘‘Current and projected ambient green- The text of the amendment is as fol- body sends a message to the contrary, house gas concentrations remain well lows: at the very least we should be smart below published thresholds for any di- In section 330 of the Clean Air Act, as pro- enough to include a temporary escape rect adverse health effects, such as res- posed to be added by section 2 of the bill, in- hatch, a safety valve that my amend- piratory or toxic effects.’’ sert after subsection (a) the following (and ment provides. Opponents of this legislation have redesignate the subsequent subsections ac- Madam Chair, I am going to vote tried unsuccessfully to assert that the cordingly): today to put America’s health before ‘‘(b) TEMPORARY SUSPENSION FOR PUBLIC underlying bill will block the EPA big polluters. The other side of the HEALTH EMERGENCIES.—The Administrator from safeguarding public health from may by rule, after public notice and com- aisle likes to skew the facts. And in- the effects of air pollution and will re- ment, temporarily suspend the provisions of stead of paying attention to the warn- sult in increased asthma attacks or this section if— ing signs, they protect their big pol- other respiratory illnesses. Nothing ‘‘(1) a detailed analysis and review by the luter friends by confusing the facts. could be further from the truth. Administrator of the latest credible and It’s critical that we provide a safety Madam Chair, H.R. 910 does not af- peer-reviewed science shows ground level valve that when there is a clear and fect the EPA’s ability and responsi- ozone will pose significant dangers to public present danger to the health of the bility to protect the public from haz- health; ‘‘(2) extreme weather events pose signifi- American people we don’t hamstring ardous air pollution. Regardless of cant danger to public health; the very agency that we have set up to whether or not EPA imposes these cap- ‘‘(3) an increase in food and waterborne protect the health of the American and-trade regulations, the agency will pathogens pose significant danger to public people, and enable them to move for- continue to have the authority to regu- health; or ward to protect us. late all of the high-priority pollutants ‘‘(4) there are other significant threats to This endangerment finding, the title that raise public health concerns. public health. of the EPA’s research on dangers to our As an original cosponsor of H.R. 910, The Acting CHAIR. Pursuant to health, was based on sound science and I strongly support the underlying bill House Resolution 203, the gentleman found that as climate change increases, to prohibit the Environmental Protec- from Colorado (Mr. POLIS) and a Mem- so does ground ozone level, air- and tion Agency from using the Clean Air ber opposed each will control 5 min- water-borne pathogens, and mold and Act to regulate greenhouse gases. utes. pollen allergens that affect and make By avoiding these harmful regula- The Chair recognizes the gentleman health problems worse like asthma, tions, H.R. 910 will save countless num- from Colorado. respiratory irritation, and heart dis- bers of jobs and prevent the implemen- Mr. POLIS. Madam Chair, this ease. We cannot oversimplify a very se- tation of an energy tax that would cost amendment is simple, and I appreciate rious problem with no easy answers. our economy literally tens of billions the rule making it in order. It allows [From the Federal Register, Tuesday, Dec. of dollars when we can least afford it. the Environmental Protection Agency 15, 2009] to continue protecting the American Madam Chair, I urge my colleagues PART V—ENVIRONMENTAL PROTECTION to reject this amendment and support people from the greatest public health AGENCY and environmental challenge in global the underlying bill. 40 CFR CHAPTER I—ENDANGERMENT AND CAUSE Mr. BILBRAY. Will the gentleman history, global climate change. OR CONTRIBUTE FINDINGS FOR GREENHOUSE yield? The overwhelming scientific evidence GASES UNDER SECTION 202(a) OF THE CLEAN Mr. GINGREY of Georgia. I yield to suggests that greenhouse gases and AIR ACT; FINAL RULE the gentleman from California. carbon pollution, if left unchecked, ENVIRONMENTAL PROTECTION AGENCY Mr. BILBRAY. Madam Chair, I want pose a significant threat to public 40 CFR Chapter I to point out the comment was made health. This is not a scientific conclu- [EPA–HQ–OAR–2009–0171; FRL–9091–8] about the precursor to ozone. Thirty sion that anybody in the investigative RIN 2060–ZA14 years of air pollution regulations. Ask community desires or wants. It is an Endangerment and Cause or Contribute the South Coast Air Basin in Los Ange- unfortunate reality. I simply want the Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act les. It never regulated CO2 as a pre- administrator to have the ability to cursor to ozone because it was so min- temporarily unlock the handcuffs on AGENCY: Environmental Protection Agen- iscule that there are so many other the bill if there is a significant threat cy (EPA). ACTION: Final rule. issues that are absolutely essential to to the public health. SUMMARY: The Administrator finds that address that you didn’t even look at Let’s walk ourselves through what six greenhouse gases taken in combination that. this bill does. The bill tells the EPA, endanger both the public health and the pub- And if you didn’t think those of us in EPA, you have done your homework lic welfare of current and future generations. California, that we’re working on air just like the Supreme Court told you The Administrator also finds that the com- pollution, air quality, our county in to do, and every inch of credible bined emissions of these greenhouse gases San Diego went from ‘‘severe’’ down to science is telling you there is a danger from new motor vehicles and new motor ve- ‘‘serious’’ because we were successful. to America’s health. Yet, we here in hicle engines contribute to the greenhouse gas air pollution that endangers public And it wasn’t chasing ozone. I mean, Congress know better. We will pretend health and welfare under CAA section 202(a). not chasing CO2. It was tracing true like there is not a danger to the Amer- These Findings are based on careful consid- toxic emissions. ican health. We won’t allow you, the eration of the full weight of scientific evi- So when you talk about imple- EPA, that we set up and charged with dence and a thorough review of numerous menting these plans, understand you’re this, to pay attention to the warnings public comments received on the Proposed talking about sacrificing efforts that or protect Americans from the dangers. Findings published April 24, 2009. are at true risk. To me, that’s a very dangerous direc- DATES: These Findings are effective on The Acting CHAIR. The time of the tive, telling the EPA they can’t act January 14, 2010. even though they know we are in dan- ADDRESSES: EPA has established a dock- gentleman from Georgia has expired. et for this action under Docket ID No. EPA– The question is on the amendment ger. If there was a meteor hurtling to- HQ–OAR–2009–0171. All documents in the offered by the gentleman from Illinois wards us, I would hope that this body docket are listed on the www.regulations.gov (Mr. QUIGLEY). wouldn’t pass a bill that tells NASA to Web site. Although listed in the index, some The amendment was rejected. ignore it, to step away from the tele- information is not publicly available, e.g.,

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2376 CONGRESSIONAL RECORD — HOUSE April 6, 2011 confidential business information (CBI) or FR Federal Register A. The Air Pollution Consists of Six Key other information whose disclosure is re- GHG greenhouse gas Greenhouse Gases stricted by statute. Certain other material, GWP global warming potential 1. Common Physical Properties of the Six such as copyrighted material, is not placed HadCRUT Hadley Centre/Climate Research Greenhouse Gases on the Internet and will be publicly available Unit (CRU) temperature record 2. Evidence That the Six Greenhouse Gases only in hard copy form. Publicly available HCFCs hydrochlorofluorocarbons Are the Primary Driver of Current and docket materials are available either elec- HFCs hydrofluorocarbons Projected Climate Change tronically through www.regulations.gov or IA Interim Assessment report 3. The Six Greenhouse Gases Are Currently in hard copy at EPA’s Docket Center, Public IPCC Intergovernmental Panel on Climate the Common Focus of the Climate Reading Room, EPA West Building, Room Change Change Science and Policy Communities 3334, 1301 Constitution Avenue, NW., Wash- MPG miles per gallon 4. Defining Air Pollution as the Aggregate ington, DC 20004. This Docket Facility is MWP Medieval Warm Period Group of Six Greenhouse Gases Is Con- open from 8:30 a.m. to 4:30 p.m., Monday N2O nitrous oxide sistent With Evaluation of Risks and Im- through Friday, excluding legal holidays. NAAQS National Ambient Air Quality pacts Due to Human-Induced Climate The telephone number for the Public Read- Standards Change ing Room is (202) 566–1744, and the telephone NAICS North American Industry Classifica- 5. Defining the Air Pollution as the Aggre- number for the Air Docket is (202) 566–1742. tion System gate Group of Six Greenhouse Gases Is FOR FURTHER INFORMATION CON- NASA National Aeronautics and Space Ad- Consistent With Past EPA Practice TACT: Jeremy Martinich, Climate Change ministration 6. Other Climate Forcers Not Being In- Division, Office of Atmospheric Programs NF3 nitrogen trifluoride cluded in the Definition of Air Pollution (MC–6207J), Environmental Protection Agen- NHTSA National Highway Traffic Safety Ad- for This Finding cy, 1200 Pennsylvania Ave., NW., Wash- ministration 7. Summary of Key Comments on Defini- ington, DC 20460; telephone number: (202) 343– NOAA National Oceanic and Atmospheric tion of Air Pollution 9927; fax number: (202) 343–2202; e-mail ad- Administration B. The Air Pollution Is Reasonably Antici- dress: [email protected]. For addi- NOI Notice of Intent pated To Endanger Both Public Health tional information regarding these Findings, NOX nitrogen oxides and Welfare please go to the Web site http://www.epa.gov/ NRC National Research Council 1. The Air Pollution Is Reasonably Antici- climatechange/endangerment.html. NSPS new source performance standards pated To Endanger Public Health SUPPLEMENTARY INFORMATION: NTTAA National Technology Transfer and 2. The Air Pollution Is Reasonably Antici- Judicial Review Advancement Act of 1995 pated To Endanger Public Welfare OMB Office of Management and Budget Under CAA section 307(b)(1), judicial re- V. The Administrator’s Finding That Green- PFCs perfluorocarbons view of this final action is available only by house Gases From CAA Section 202(a) PM particulate matter filing a petition for review in the U.S. Court Sources Cause or Contribute to the PSD Prevention of Significant Deterioration of Appeals for the District of Columbia Cir- Endangerment of Public Health and Welfare RFA Regulatory Flexibility Act cuit by February 16, 2010. Under CAA section A. The Administrator’s Definition of the SF sulfur hexafluoride 307(d)(7)(B), only an objection to this final 6 ‘‘Air Pollutant’’ SIP State Implementation Plan B. The Administrator’s Finding Whether action that was raised with reasonable speci- TSD technical support document ficity during the period for public comment Emissions of the Air Pollutant From U.S. United States Section 202(a) Source Categories Cause or can be raised during judicial review. This UMRA Unfunded Mandates Reform Act of Contribute to the Air Pollution That section also provides a mechanism for us to 1995 May Be Reasonably Anticipated To En- convene a proceeding for reconsideration, UNFCCC United Nations Framework Con- danger Public Health and Welfare ‘‘ ‘[i]f the person raising an objection can vention on Climate Change C. Response to Key Comments on the Ad- demonstrate to EPA that it was impracti- USGCRP U.S. Global Climate Research Pro- ministrator’s Cause or Contribute Find- cable to raise such objection within [the pe- gram ing riod for public comment] or if the grounds VOC volatile organic compound(s) 1. The Administrator Reasonably Defined for such objection arose after the period for WCI Western Climate Initiative the ‘‘Air Pollutant’’ for the Cause or public comment (but within the time speci- WRI World Resources Institute fied for judicial review) and if such objection Contribute Analysis TABLE OF CONTENTS is of central relevance to the outcome of this 2. The Administrator’s Cause or Contribute rule.’ ’’ Any person seeking to make such a I. Introduction Analysis Was Reasonable demonstration to us should submit a Peti- A. Overview VI. Statutory and Executive Reviews tion for Reconsideration to the Office of the B. Background Information Helpful To Un- A. Executive Order 12866: Regulatory Plan- Administrator, Environmental Protection derstand These Findings ning and Review 1. Greenhouse Gases and Transportation Agency, Room 3000, Ariel Rios Building, 1200 B. Paperwork Reduction Act Sources Under CAA Section 202(a) Pennsylvania Ave., NW., Washington, DC C. Regulatory Flexibility Act 2. Joint EPA and Department of Transpor- 20004, with a copy to the person listed in the D. Unfunded Mandates Reform Act tation Proposed Greenhouse Gas Rule preceding FOR FURTHER INFORMATION E. Executive Order 13132: Federalism C. Public Involvement CONTACT section, and the Associate Gen- F. Executive Order 13175: Consultation and 1. EPA’s Initial Work on Endangerment eral Counsel for the Air and Radiation Law Coordination With Indian Tribal Govern- 2. Public Involvement Since the April 2009 Office, Office of General Counsel (Mail Code ments Proposed Endangerment Finding 2344A), Environmental Protection Agency, G. Executive Order 13045: Protection of 3. Issues Raised Regarding the Rulemaking 1200 Pennsylvania Ave., NW., Washington, Children From Environmental Health Process Risks and Safety Risks DC 20004. II. Legal Framework for This Action Acronyms and Abbreviations. The fol- H. Executive Order 13211: Actions Con- A. Section 202(a) of the CAA— lowing acronyms and abbreviations are used cerning Regulations That Significantly Endangerment and Cause or Contribute in this document. Affect Energy Supply, Distribution, or 1. The Statutory Framework Use ACUS Administrative Conference of the 2. Summary of Response to Key Legal United States I. National Technology Transfer and Ad- Comments on the Interpretation of the vancement Act ANPR Advance Notice of Proposed Rule- CAA Section 202(a) Endangerment and making J. Executive Order 12898: Federal Actions Cause or Contribute Test To Address Environmental Justice in Mi- APA Administrative Procedure Act B. Air Pollutant, Public Health and Wel- CAA Clean Air Act nority Populations and Low-Income Pop- fare ulations CAFE Corporate Average Fuel Economy III. EPA’s Approach for Evaluating the Evi- K. Congressional Review Act CAIT Climate Analysis Indicators Tool dence Before It CASAC Clean Air Scientific Advisory Com- A. The Science on Which the Decisions Are I. Introduction mittee Based A. Overview CBI Confidential Business Information B. The Law on Which the Decisions Are Pursuant to CAA section 202(a), the Ad- CCSP Climate Change Science Program Based ministrator finds that greenhouse gases in CFCs chlorofluorocarbons C. Adaptation and Mitigation the atmosphere may reasonably be antici- CFR Code of Federal Regulations D. Geographic Scope of Impacts pated both to endanger public health and to CH4 methane E. Temporal Scope of Impacts endanger public welfare. CO2 carbon dioxide F. Impacts of Potential Future Regula- Specifically, the Administrator is defining CO2e CO2-equivalent tions and Processes that Generate Green- the ‘‘air pollution’’ referred to in CAA sec- CRU Climate Research Unit house Gas Emissions tion 202(a) to be the mix of six long-lived and DOT U.S. Department of Transportation IV. The Administrator’s Finding That Emis- directly-emitted greenhouse gases: carbon EO Executive Order sions of Greenhouse Gases Endanger Public dioxide (CO2), methane (CH4), nitrous oxide EPA U.S. Environmental Protection Agency Health and Welfare (N2O), hydrofluorocarbons (HFCs),

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2377 perfluorocarbons (PFCs), and sulfur fected by an increase in the severity of also endangers public welfare, with an in- hexafluoride (SF6). In this document, these coastal storm events due to rising sea levels. creasing risk of greater adverse impacts in six greenhouse gases are referred to as ‘‘well- There is some evidence that elevated car- the future. mixed greenhouse gases’’ in this document bon dioxide concentrations and climate Strong support for an endangerment find- (with more precise meanings of ‘‘long lived’’ changes can lead to changes in aeroallergens ing is also found in the evidence concerning and ‘‘well mixed’’ provided in Section IV.A). that could increase the potential for aller- energy, infrastructure, and settlements, as The Administrator has determined that genic illnesses. The evidence on pathogen well ecosystems and wildlife. While the im- the body of scientific evidence compellingly borne disease vectors provides directional pacts on net energy demand may be viewed supports this finding. The major assessments support for an endangerment finding. The as generally neutral for purposes of making by the U.S. Global Climate Research Pro- Administrator acknowledges the many unan endangerment determination, climate gram (USGCRP), the Intergovernmental certainties in these areas. Although these change is expected to result in an increase in Panel on Climate Change (IPCC), and the Na- adverse effects provide some support for an electricity production, especially supply for tional Research Council (NRC) serve as the endangerment finding, the Administrator is peak demand. This may be exacerbated by primary scientific basis supporting the Ad- not placing primary weight on these factors. the potential for adverse impacts from cli- ministrator’s endangerment finding. The Ad- Finally, the Administrator places weight mate change on hydropower resources as ministrator reached her determination by on the fact that certain groups, including well as the potential risk of serious adverse considering both observed and projected ef- children, the elderly, and the poor, are most effects on energy infrastructure from ex- fects of greenhouse gases in the atmosphere, vulnerable to these climate-related health treme events. Changes in extreme weather their effect on climate, and the public health effects. events threaten energy, transportation, and The Administrator has considered how ele- and welfare risks and impacts associated water resource infrastructure. vated concentrations of the well-mixed with such climate change. The Administra- Vulnerabilities of industry, infrastructure, greenhouse gases and associated climate tor’s assessment focused on public health and settlements to climate change are gen- change affect public welfare by evaluating and public welfare impacts within the United erally greater in high-risk locations, par- numerous and far-ranging risks to food pro- States. She also examined the evidence with ticularly coastal and riverine areas, and duction and agriculture, forestry, water re- respect to impacts in other world regions, areas whose economies are closely linked sources, sea level rise and coastal areas, en- and she concluded that these impacts with climate-sensitive resources. Climate ergy, infrastructure, and settlements, and strengthen the case for endangerment to change will likely interact with and possibly ecosystems and wildlife. For each of these public health and welfare because impacts in exacerbate ongoing environmental change sectors, the evidence provides support for a other world regions can in turn adversely af- and environmental pressures in settlements, finding of endangerment to public welfare. fect the United States. particularly in Alaska where indigenous The evidence concerning adverse impacts in The Administrator recognizes that human- communities are facing major environ- the areas of water resources and sea level induced climate change has the potential to mental and cultural impacts on their his- rise and coastal areas provides the clearest be far-reaching and multidimensional, and in toric lifestyles. Over the 21st century, and strongest support for an endangerment light of existing knowledge, that not all changes in climate will cause some species finding, both for current and future genera- risks and potential impacts can be quantified to shift north and to higher elevations and tions. Strong support is also found in the or characterized with uniform metrics. There fundamentally rearrange U.S. ecosystems. evidence concerning infrastructure and set- is variety not only in the nature and poten- Differential capacities for range shifts and tlements, as well ecosystems and wildlife. tial magnitude of risks and impacts, but also constraints from development, habitat frag- Across the sectors, the potential serious ad- in our ability to characterize, quantify and mentation, invasive species, and broken eco- verse impacts of extreme events, such as project such impacts into the future. The logical connections will likely alter eco- wildfires, flooding, drought, and extreme Administrator is using her judgment, based system structure, function, and services, weather conditions, provide strong support on existing science, to weigh the threat for leading to predominantly negative con- for such a finding. each of the identifiable risks, to weigh the sequences for biodiversity and the provision potential benefits where relevant, and ulti- Water resources across large areas of the country are at serious risk from climate of ecosystem goods and services. mately to assess whether these risks and ef- There is a potential for a net benefit in the fects, when viewed in total, endanger public change, with effects on water supplies, water quality, and adverse effects from extreme near term for certain crops, but there is sig- health or welfare. nificant uncertainty about whether this ben- The Administrator has considered how ele- events such as floods and droughts. Even efit will be achieved given the various poten- vated concentrations of the well-mixed areas of the country where an increase in tial adverse impacts of climate change on greenhouse gases and associated climate water flow is projected could face water re- crop yield, such as the increasing risk of exchange affect public health by evaluating source problems from the supply and water treme weather events. Other aspects of this the risks associated with changes in air qual- quality problems associated with tempera- sector may be adversely affected by climate ity, increases in temperatures, changes in ture increases and precipitation variability, change, including livestock management and extreme weather events, increases in food- as well as the increased risk of serious ad- irrigation requirements, and there is a risk and water-borne pathogens, and changes in verse effects from extreme events, such as of adverse effect on a large segment of the aeroallergens. The evidence concerning ad- floods and drought. The severity of risks and total crop market. For the near term, the verse air quality impacts provides strong and impacts is likely to increase over time with concern over the potential for adverse effects clear support for an endangerment finding. accumulating greenhouse gas concentrations in certain parts of the agriculture sector ap- Increases in ambient ozone are expected to and associated temperature increases and pears generally comparable to the potential occur over broad areas of the country, and precipitation changes. for benefits for certain crops. However, The they are expected to increase serious adverse Overall, the evidence on risk of adverse im- body of evidence points towards increasing health effects in large population areas that pacts for coastal areas provides clear support risk of net adverse impacts on U.S. food pro- are and may continue to be in nonattain- for a finding that greenhouse gas air pollu- duction and agriculture over time, with the ment. The evaluation of the potential risks tion endangers the welfare of current and fu- potential for significant disruptions and crop associated with increases in ozone in attain- ture generations. The most serious potential failure in the future. ment areas also supports such a finding. adverse effects are the increased risk of The impact on mortality and morbidity as- storm surge and flooding in coastal areas For the near term, the Administrator finds sociated with increases in average tempera- from sea level rise and more intense storms. the beneficial impact on forest growth and tures, which increase the likelihood of heat Observed sea level rise is already increasing productivity in certain parts of the country waves, also provides support for a public the risk of storm surge and flooding in some from elevated carbon dioxide concentrations health endangerment finding. There are un- coastal areas. The conclusion in the assess- and temperature increases to date is offset certainties over the net health impacts of a ment literature that there is the potential by the clear risk from the observed increases temperature increase due to decreases in for hurricanes to become more intense (and in wildfires, combined with risks from the cold-related mortality, but some recent evi- even some evidence that Atlantic hurricanes spread of destructive pests and disease. For dence suggests that the net impact on mor- have already become more intense) rein- the longer term, the risk from adverse ef- tality is more likely to be adverse, in a con- forces the judgment that coastal commu- fects increases over time, such that overall text where heat is already the leading cause nities are now endangered by human-induced climate change presents serious adverse of weather-related deaths in the United climate change, and may face substantially risks for forest productivity. There is com- States. greater risk in the future. Even if there is a pelling reason to find that the support for a The evidence concerning how human-in- low probability of raising the destructive positive endangerment finding increases as duced climate change may alter extreme power of hurricanes, this threat is enough to one considers expected future conditions weather events also clearly supports a find- support a finding that coastal communities where temperatures continue to rise. ing of endangerment, given the serious ad- are endangered by greenhouse gas air pollu- Looking across all of the sectors discussed verse impacts that can result from such tion. In addition, coastal areas face other ad- above, the evidence provides compelling sup- events and the increase in risk, even if small, verse impacts from sea level rise such as port for finding that greenhouse gas air pol- of the occurrence and intensity of events land loss due to inundation, erosion, wetland lution endangers the public welfare of both such as hurricanes and floods. Additionally, submergence, and habitat loss. The increased current and * * * public health is expected to be adversely af- risk associated with these adverse impacts I reserve the balance of my time.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2378 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Mr. BURGESS. I rise in opposition to course, we would hope that under their So let’s not be concerned about if the the amendment. charge the EPA would then proceed if placebo is not available to the public The Acting CHAIR. The gentleman given this authority with regard to somehow there may be a concern with from Texas is recognized for 5 minutes. protecting the public health. these items. They are legitimate items. Mr. BURGESS. At this point, I yield To the extent that this clarifies But the EPA and the underlying bill the balance of my time to the gen- something that was consistent with does not affect those issues. tleman from Georgia (Mr. GINGREY), the intent of the original bill, I would PARLIAMENTARY INQUIRY and I ask unanimous consent that he hope that the gentleman would accept Mr. POLIS. Madam Chair, I have a be allowed to control that time. it. If it is contrary to a small element point of parliamentary inquiry. The Acting CHAIR. Without objec- of the bill, we would hope to reestab- The Acting CHAIR. The gentleman tion, the gentleman from Georgia will lish that authority in the case of a sig- will state his inquiry. control the time. nificant threat to public health, again, Mr. POLIS. Is the amendment ger- There was no objection. with the additional burden and require- mane to the bill? Mr. GINGREY of Georgia. I want to ment of a detailed analysis under the The Acting CHAIR. Under the cir- thank my friend from Texas (Mr. BUR- law. cumstances that calls for an advisory GESS) for yielding and again thank the I reserve the balance of my time. opinion, which the Chair will not chairman of the Energy and Commerce Mr. GINGREY of Georgia. Madam render. Committee and the chairman of the Chair, I want to point out to my col- The gentleman from Colorado has 1 Energy and Power Subcommittee, league that the EPA, as I think I pre- minute remaining. Messrs. Upton and Whitfield, for again viously said, but just let me repeat it, Mr. POLIS. Well, again, the Rules allowing me to speak on this amend- the EPA has already concluded that Committee found, and I believe the ment. greenhouse gases pose no public health Parliamentarian advised, that the Much like the previous amendment, I emergency. And they stated: ‘‘Current amendment was germane, and I have rise again in strong opposition, opposi- and projected ambient greenhouse gas not been informed otherwise other tion at this time to the Polis amend- concentrations remain well below pub- than by the gentleman from California. ment because it seeks to give a dupli- lished thresholds for any direct adverse Does the gentleman want to appeal cative authority to the EPA. This health effect such as respiratory or the ruling of the Parliamentarian? I amendment would temporarily suspend toxic effects.’’ believe that it is germane. H.R. 910 if the EPA administrator has I yield such time as he may consume, The Acting CHAIR. The amendment ruled that ground-level ozone, extreme Madam Chair, to the gentleman from is pending. There is no occasion for a weather events, or an increase in food- California (Mr. BILBRAY). ruling on whether it is germane. and water-borne pathogens presents a The Acting CHAIR. The gentleman Mr. POLIS. The amendment is pend- significant danger to the public health, from California is recognized for up to ing; that’s correct. Well, again, if the or that there are other significant 21⁄2 minutes. rule does waive this, we discussed in threats to public health. Mr. BILBRAY. Let’s be clear: We are Rules Committee yesterday, and I be- Madam Chair, under section 303 of not talking about greenhouse gases lieve that all the non-germane amend- the Clean Air Act, the EPA already has here because the regulations that have ments were not included under this the authority to respond to any immi- been proposed by the EPA do not ad- rule. nent and substantial endangerment to dress climate change. They don’t ad- Mr. BILBRAY. Will the gentleman public health or welfare, or the envi- dress climate change. We are not talk- yield? ronment. Therefore, this amendment is ing climate change here. We are talk- Mr. POLIS. I yield to the gentleman wholly unnecessary. Furthermore, the ing about EPA proposing regulations from California. Polis amendment would give the EPA that admitted by the administrator Mr. BILBRAY. As I said, it’s not ger- administrator the authority to move does not have any projections of what mane to the issue. forward with a cap-and-trade agenda if reductions you will have here. Remem- Mr. POLIS. Reclaiming my time, the administrator believed that there ber, the minimum that we need to do there might be a different use of the were threats to public health from to address the threat of climate change word ‘‘germane’’ by the gentleman. I ozone, extreme weather, pathogens, or is 17 percent within 9 years. So let’s be would encourage all of us to try to be there are other significant threats to up front. This is not about climate on the same page with regard to the public health, which could be com- change. word ‘‘germane.’’ pletely unrelated to greenhouse gases. This is about proposed regulations by It is germane to the bill, the topic. I wholeheartedly believe that this a bureaucracy in a field of law that was Again, all my amendment does is say amendment is literally a hammer in never meant to address this issue at that if the EPA sees the danger they search of a nail. The EPA already has all. And I say that as somebody who should act. It’s a safety valve. The the authority to address the concerns worked for over a decade at implemen- amendment respects the finding of the raised by this amendment and my tation of the Clean Air Act. All I have Supreme Court in the Massachusetts friend from Colorado. I would urge my to say to the colleague, with the prob- vs. EPA case that ensures that the friend from Colorado to consider with- lems that you are pointing out, they Clean Air Act still has the ability to drawing this amendment; but if he are legitimate issues. But what is being protect the public and that it is not re- doesn’t, I would urge all of my col- proposed as an answer to a problem has moved under the underlying bill. leagues to oppose it and continue to not only nothing to do with and will The Acting CHAIR. The time of the support the underlying legislation. not affect climate change, but it also gentleman has expired. I reserve the balance of my time, will not affect the issues that you have Mr. POLIS. The underlying bill tells Madam Chair. raised. the EPA in this case to perhaps ignore Mr. POLIS. I thank the gentleman So in reality, your amendment is not some science. My amendment says that from Georgia. My concern is that the germane because the issues that you the science shouldn’t be ignored if it underlying bill removes some of the are concerned about don’t exist. Be- means you are risking people’s lives. authority under these conditions that cause when you do nothing, you can’t The Acting CHAIR. The time of the this amendment would reinstate. If change anything. gentleman has expired. this amendment merely restates this, I Mr. POLIS. It’s an important clari- would hope that we can clarify the bill b 1720 fication and I urge support of the by specifically allowing the EPA the And the fact that it is keeping some- amendment. authority to suspend the prohibitions body from selling a placebo does not The Acting CHAIR. The gentleman in the bill if a detailed analysis dem- solve the problem, or it does not aggra- from Georgia has 45 seconds remaining. onstrates that ground-level ozone, or vate the problem. The fact is what has Mr. GINGREY of Georgia. Madam extreme weather events, or food- and been proposed by EPA is a placebo Chair, this amendment would, in short, water-borne pathogens are a signifi- under a law that was never meant to be an avenue for the EPA to move for- cant threat to public health. And, of administer this. ward with back-door global warming

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2379 regulations regardless of any relevant is our Achilles’ heel, and there is noth- you live in rural southern Illinois, facts and circumventing the will of ing we can do about it. where you have got to drive long dis- Congress and the public. So the only way in which we can tances to get to school, to get to hos- EPA should not be authorized to solve the problem is if we reduce con- pitals, to get to church, every time you move forward with back-door global sumption by increasing the efficiency raise the price of gasoline, it hurts the warming regulations. I urge my col- of the vehicles which we drive, of the poor and the middle class of rural leagues to vote against this amend- boats which we use, of the planes that America. So my colleague is just ment. we ride in, of the other sources that wrong. I yield the balance of my time to my consume the oil that we use in our I reserve the balance of my time. colleague from Texas (Mr. BURGESS). country. Mr. MARKEY. I yield 1 minute to the Mr. BURGESS. Just finally, I do And what they are going to do, the ranking member of the Energy and want to underscore that greenhouse Republicans, is tie the hands of the Commerce Committee, the gentleman gases do not have a health impact. But EPA to back out the 5 million barrels from California (Mr. WAXMAN). in the odd event that someone were of oil that we import from OPEC on a Mr. WAXMAN. The important thing sprayed in the face with a greenhouse daily basis. about this amendment is that we re- gas such as methane, the emergency OPEC is not afraid of the Foreign Af- duce the demand for oil, which is the powers exist under section 303 of the fairs Committee. OPEC is not afraid of primary area where we are dependent Clean Air Act to respond to the immi- the Armed Services Committee. It is upon OPEC countries. And to do that, nent and substantial endangerment of the Energy Committee that they are we have tighter fuel efficiency stand- public health. afraid of. ards. The Acting CHAIR. The question is They are afraid that one day we will Without the Markey amendment, the on the amendment offered by the gen- actually have a policy that backs out EPA would not be able to continue tleman from Colorado (Mr. POLIS). their imported oil, that denies them with those tight fuel efficiency stand- The question was taken; and the Act- the $150 billion or $200 billion a year ards for motor vehicles, planes, et ing Chair announced that the noes ap- that we send over to them that allows cetera. peared to have it. them to continue their dictatorships. According to Lisa Jackson from the Mr. POLIS. Madam Chair, I demand a That’s what they are afraid of. EPA, who testified before our com- recorded vote. And what the Republicans are doing mittee, this bill ‘‘would forfeit many The Acting CHAIR. Pursuant to today is tying the hands of our country hundreds of millions of barrels of oil clause 6 of rule XVIII, further pro- to be able to tell OPEC we don’t need savings at a time when gas prices are ceedings on the amendment offered by their oil anymore than we need their rising yet again.’’ I cannot for the life the gentleman from Colorado will be sands. That’s the message that they of me understand why anyone would postponed. are sending here today. That’s the mes- vote to massively increase America’s sage the Republicans are sending to AMENDMENT NO. 9 OFFERED BY MR. MARKEY oil independence. The Acting CHAIR. It is now in order OPEC. I urge all Members to support the Have a good night’s sleep. Don’t to consider amendment No. 9 printed in Markey amendment so we don’t mas- worry. We are going to tie the hands of House Report 112–54. sively increase our oil dependence. the EPA to back out that imported oil. Mr. MARKEY. Madam Chair, I offer Mr. SHIMKUS. Madam Chairman, That’s why this amendment goes right an amendment. how much time do I have remaining? to the heart of the national security of The Acting CHAIR. The Clerk will The Acting CHAIR. The gentleman our country, right to the heart of our designate the amendment. from Illinois has 31⁄2 minutes remain- economic independence, as well as re- The text of the amendment is as fol- ing, and the gentleman from Massachu- ducing greenhouse gases. The national lows: setts has 2 minutes remaining. security of our country is at stake in At the end of the bill, add the following Mr. SHIMKUS. I yield 11⁄2 minutes to this amendment. new section: the chairman of the Energy and Air I reserve the balance of my time. SEC. 5. REDUCING DEMAND FOR OIL. Mr. SHIMKUS. Madam Chair, I rise Quality Committee, the gentleman Notwithstanding any limitation on agency from Kentucky (Mr. WHITFIELD). action contained in the amendment made by in opposition to the amendment. section 2 of this Act, the Administrator of The Acting CHAIR. The gentleman b 1730 the Environmental Protection Agency may from Illinois is recognized for 5 min- Mr. WHITFIELD. I’m actually sur- use any authority under the Clean Air Act, utes. prised the gentleman has offered an Mr. SHIMKUS. Madam Chair, my col- as in effect prior to the date of enactment of amendment related to oil because our league just said the only way is to re- this Act, to promulgate any regulation con- bill that we have on the floor today cerning, take any action relating to, or take duce demand. Well, that is not the only completely preserves in every way the into consideration the emission of a green- way. house gas to address climate change, if the Republicans continue to move on all- car rule under which EPA sets green- Administrator determines that such promul- of-the-above energy strategies that in- house gas emission standards for pas- gation, action or consideration will reduce crease supply. You know what happens senger cars and trucks for model year demand for oil. when you increase supply? You in- 2012 through 2016. That was agreed to The Acting CHAIR. Pursuant to crease jobs. by the Obama administration, the House Resolution 203, the gentleman I brought this down numerous times automobile industry, environmental- from Massachusetts (Mr. MARKEY) and over the past couple of years. Look ists, EPA and everyone; and that is a Member opposed each will control 5 what we could do. We could open up the preserved in this bill. minutes. OCS. Thousands and thousands of jobs But let’s talk about the electricity The Chair recognizes the gentleman could be created by oil and gas explo- side. If we allow EPA to regulate from Massachusetts. ration. Look what we could do. We greenhouse gases, we’re going to sky- Mr. MARKEY. Madam Chair, I rise in could take hundreds of years of supply rocket the cost of electricity which is support of my amendment. of coal and turn it into liquid fuel. going to make us less competitive in My amendment is quite simple. It Look what we could do. We could the global marketplace; we’re going to just says that nothing, nothing that open up the pipelines and bring oil lose more jobs to China and more jobs the Republicans are proposing today sands from Canada down. to India because those two countries should put a limitation on the ability We can be independent on transpor- are burning more coal because coal of the EPA to reduce the demand for tation fuels. We cannot be, based upon produces the lowest-cost electricity. importing oil from OPEC, which should allowing the EPA to price carbon. And that’s why we are opposed to this be the number one objective in our The only way my colleagues want to amendment of the gentleman because country. get us to driving less is to make gaso- we’ve already preserved the car rule You know, we only have 2 percent of line so high that no one can drive. that the gentleman is concerned about. the world’s oil reserves, and we con- Now, that’s okay when you live in Mr. MARKEY. I yield myself 1 sume 25 percent on a daily basis. That major metropolitan areas, but when minute.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2380 CONGRESSIONAL RECORD — HOUSE April 6, 2011 And let me say this to you, the Re- the boats where we put the petroleum. AMENDMENT NO. 10 OFFERED BY MR. RUSH publicans: I had an amendment out That’s what their bill does. That’s The Acting CHAIR. It’s now in order here to increase fuel economy stand- what the Supreme Court gave them as to consider amendment No. 10 printed ards from 25 to 35 miles per gallon in authority. in House Report 112–54. 2001, 2003, 2005. You voted against it The gentleman says, EPA is mis- Mr. RUSH. Madam Chair, I have an every time. You said that it will ruin named. Well, let me just tell you under amendment at the desk. the auto industry if we improve the the Republicans, EPA stands for The Acting CHAIR. The Clerk will fuel economy standards. Do you know ‘‘Every Polluter’s Ally.’’ Under the designate the amendment. who ruined the auto industry? You did. Democrats, it stands for ‘‘End Petro- The text of the amendment is as fol- In 2009, General Motors had to declare leum Addiction.’’ That’s what the Mar- lows: bankruptcy. key amendment does. It gives the EPA At the end of the bill, add the following: Now we have fuel economy standards the authority to back out this im- SEC. 5. LIMITATION ON APPLICABILITY. at 35 miles per gallon. Do you want to ported oil and to tell them that we’re The provisions of this Act, and the amend- know what they are reporting? Record going to use the Oklahoma oil, the ments made by this Act, shall not apply profits. Do you know what Ford is re- until the Administrator of the Environ- Texas oil and the Louisiana oil; but we mental Protection Agency, in consultation porting? Record profits and record hir- don’t need that oil coming out of the with the Secretary of Defense, certifies that ing. Do you know who is opposed to Persian Gulf any more than we need to the consequences of climate change, includ- your bill here today? The United Auto send 100,000 young men and women ing its potential to create sustained natural Workers oppose you. They believe it’s over there. and humanitarian disasters and its ability to going to undermine the efficiency and Let’s set a new policy path here foster political instability where societal de- the job creation which is now possible. today, ladies and gentlemen. Let’s give mands exceed the capacity of governments The United Auto Workers oppose you. to cope, do not jeopardize security interests those OPEC ministers a few sleepless of the United States at home or abroad. So, ladies and gentlemen, if you’re nights. Let’s not allow them to look at The Acting CHAIR. Pursuant to looking for jobs or national security in the Congress, once again ignoring the House Resolution 203, the gentleman this bill, make sure you vote for the strength of our country, which is our from Illinois (Mr. RUSH) and a Member Markey amendment because they are technological genius, to be able to in- opposed each will control 5 minutes. so historically so far off base with this vent the new technologies that make The Chair recognizes the gentleman bill that it cannot begin to be meas- us less dependent. And what did the from Illinois. ured. Republicans do one month ago? They Mr. RUSH. Madam Chair, my amend- I reserve the balance of my time. zeroed out all of the loan guarantees ment revokes the provisions of this act Mr. SHIMKUS. Madam Chairman, I for solar and wind. They zeroed them 1 from going into effect until the EPA now yield 1 ⁄2 minutes to the former out of the legislation. That’s their all- administrator, in consultation with the chairman, the gentleman from Texas, of-the-above legislation. Secretary of Defense, certifies that the JOE BARTON. Mr. SHIMKUS. I yield myself the bal- consequences of not regulating green- Mr. BARTON of Texas. I rise in oppo- ance of my time. sition to my good friend, Mr. MAR- house gas emissions, and its subse- Madam Chairman, just to put things KEY’s, amendment. He must think EPA quent impact on climate change, in- back on the table, H.R. 910 completely stands for ‘‘Energy Punishment Agen- cluding the potential to create sus- preserves the car rule under the EPA, cy’’ as opposed to ‘‘Environmental Pro- tained natural and humanitarian disas- emissions standards for passenger cars tection Agency.’’ EPA’s role is not to ters and the ability to likely foster po- and trucks for model years 2012 to 2016. regulate the oil and gas industry. It’s litical instability where societal de- We had this debate in the committee, not to set an oil import fee. It’s not to mands exceed the capacity of govern- the subcommittee and the full com- set quotas. It’s to protect the environ- ments to cope, do not jeopardize Amer- mittee. It’s still there. And, unfortu- ment. And the bill before us today does ican security interests at home or nately, you are acting as if it doesn’t. that. It restricts the Clean Air Act to abroad. This is a really simple debate. This is its original intention, which is to regu- Madam Chair, the overwhelming ma- a debate about whether we want more late the criteria pollutants for which it jority of respected scientists and sci- supply or less supply, whether we want was intended when it was passed in the entific organizations worldwide all more jobs or less jobs, whether we want early 1990s. agree that manmade greenhouse gases We are trying to segregate green- higher energy prices or less energy do contribute to climate change, and house gases from regulation under the prices. When you allow the EPA to reg- these impacts can be mitigated Clean Air Act. That’s all this bill does. ulate greenhouse gases, which is not a through policy to curb these emissions. It’s not affecting fuel efficiency stand- toxic emission, they do it by setting a Just recently, a study by the Na- ards that NHTSA regulates and will price; and that price will drive our tional Academy of Science, conducted continue to regulate. It doesn’t have country into slowing economic growth, at the request of the U.S. Navy, con- anything to do with that. We are sim- more job loss and higher costs. cluded that climate change will pose a ply saying that greenhouse gases So that’s why we’re here today. We’re major challenge for the United States should not be regulated under the ex- very excited about this debate today. Navy in the emerging Arctic frontier. isting Clean Air Act. We disagree with It’s about time we got to the floor and One of the most serious threat anal- the Supreme Court decision that gave had a chance to vote on whether we yses was done by a dozen of the coun- the EPA the authority to make a deci- want the EPA without legislative lan- try’s most respected retired generals sion, and we definitely disagree with guage to raise the cost of energy in and admirals, in the 2007 CNA report, the endangerment finding, which I this country. We say, no, reject the the ‘‘National Security and the Threat think was fatally flawed. Markey amendment. of Climate Change Report.’’ In this We can do a lot on decreasing oil im- The Acting CHAIR. The question is study, Madam Chair, these retired gen- ports both by supply increases in the on the amendment offered by the generals and admirals concluded that cli- United States and letting the market tleman from Massachusetts (Mr. MAR- mate change poses a serious threat to operate in an efficient fashion. We KEY). America’s national security and that don’t need the EPA to have some sort The question was taken; and the Act- the national security consequences of of a stranglehold on oil production in ing Chair announced that the noes ap- climate change should be fully inte- the United States of America. peared to have it. grated into national security and na- Mr. MARKEY. I yield myself the bal- Mr. MARKEY. Madam Chair, I de- tional defense strategies. The report ance of my time. mand a recorded vote. goes on to say that climate change, na- What the Republicans are doing in The Acting CHAIR. Pursuant to tional security, and energy independ- their bill is stripping the EPA of their clause 6 of rule XVIII, further pro- ence all pose a related set of challenges authority to regulate the fuel effi- ceedings on the amendment offered by for our military; and these threats ciency of vehicles that we drive in our the gentleman from Massachusetts will should not be ignored or pushed down country, of the planes, the trains and be postponed. the road for future action.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2381 b 1740 lems down the pike, because let’s be ally produced the largest middle class Unfortunately, this Upton-Inhofe bill very frank about it. The problems you in the history of the world. Why we does exactly that. It pushes the chal- are talking about are going to happen, would attack that and label that as a lenges of regulating greenhouse gases, and it is not because anyone on this national security interest defies even which contribute to climate change, side is denying the science; it is be- the greatest of imaginations, Madam further down the road for action at cause people are trying to take advan- Chair. some later date far into the future. tage and exploit a crisis rather than I reserve the balance of my time. I do not believe it is in America’s address it. Mr. RUSH. Madam Chair, I yield the best interest to delay acting on these I ask the gentleman again to be con- balance of my time to the gentleman threats that we know are currently en- cerned but make sure that when you from California (Mr. WAXMAN) to close. dangering our health and way of life. propose an action, let’s make sure that Mr. WAXMAN. I rise in support of Madam Chair, I encourage all of my those actions have a possibility of ad- the Rush amendment. colleagues to support this amendment dressing the issues that you so sin- The problem of national security is so we are not ignoring the warnings cerely are concerned about. threatened in two ways by the Inhofe- from our most esteemed military men, Mr. RUSH. Madam Chair, I yield my- Upton bill. It increases our oil depend- and we are proactive in fighting the self 30 seconds. ence because we take away the tools threat of climate change before we are Madam Chair, I am really astounded for addressing this oil dependence by past the tipping point. by the remarks of my friend from Cali- not allowing EPA to set tighter effi- I reserve the balance of my time. fornia. It seems that first of all they ciency standards which reduce our de- Mr. ROGERS of Michigan. Madam deny the scientists that have come be- mand for oil. Chair, I rise in opposition to the fore the committee, the many sci- Secondly, it takes away our tools to amendment. entific organizations throughout the deal with the problem of climate The Acting CHAIR. The gentleman is world who say that climate change is a change itself. recognized for 5 minutes. reality. They deny this science and Former senior military officers wrote Mr. ROGERS of Michigan. Madam these scientists saying we are reaching to us and asked that we not undermine Chair, I can’t think of anything more a tipping point. Now, Madam Chair, the Clean Air Act. They are concerned disconnected from national security they are denying the opinion and the this will increase our dependence on than this amendment. warnings from the command shelter of oil, and that such dependence is truly To speak on that, I yield such time our American military. I just don’t dangerous. In 2009, 10 retired general as he may consume to the gentleman know who will convince them. and admirals described how our oil de- from California (Mr. BILBRAY). I reserve the balance of my time. pendence funds terrorism. It puts large Mr. BILBRAY. Madam Chair, I re- Mr. ROGERS of Michigan. Madam sums of money in the hands of un- gretfully rise in opposition, not be- Chair, I yield myself 2 minutes. friendly regimes like Iran and Ven- cause the intention of this amendment I appreciate the gentleman’s passion ezuela. Iran provides weapons to isn’t appropriately placed, but the for the issue, but I think when amend- Hezbollah and supports insurgents in science doesn’t reflect the concern that ments like this hit the floor, it does a Iraq. the gentleman has pointed out. I say huge disservice to even the basis of And climate change itself, according that with the understanding that the their argument. You know, getting to the State Department, is going to science, not talking about the concern ready for World War II, we had a truck bring about more migrant and refugee about climate change, but the lack of company in Ypsilanti, Michigan, that flows, more conflicts over resources, science behind the proposed regula- went from building pickup trucks with drought and famine, and catastrophic tions that EPA has even discussed. several thousand parts—in about 8 natural disasters. That is a threat to There is no one who has been before weeks, they converted it to building our national security, and the Rush our committee, as the gentleman bomber airplanes with over a million amendment will allow EPA to address knows, that has said that the proposed parts. Only in America could that have it. changes that EPA is bringing forth happened to win the war. The great in- Mr. ROGERS of Michigan. Madam today or in the future is going to ad- dustrial arsenal of democracy hap- Chair, I thank the gentleman for mak- dress or solve the problem. pened in the great State of Michigan. ing our point for us. When you shut The fact is that the problems that If you want to talk about national down production of oil and natural gas the gentleman is concerned about may security issues, when you try to do this into the United States, we have to im- be out there somewhere, but no one is on cap and trade, what you are doing is port more because we are still driving saying that what the EPA is doing is wholesale departing manufacturing more. We have absolutely put ourselves going to avoid those problems. So by jobs and our ability to produce things at the mercy of a whole region of the not having the EPA implement a pro- in this country to places like China world that is inflamed in trying to fig- gram that nobody in the scientific and India, who have laughed at cap and ure out who they are. And it has raised community says will address the prob- trade and said, we welcome those jobs. our prices. It went from $1.83 2 years lem doesn’t mean that somehow this We lost a million manufacturing jobs ago to $4 a gallon. will de facto cause the problem to be in our State alone. A million. Cap and If you want to be serious about get- implemented or not avoided. trade. What you seek to do will lose 1.4 ting this right, let the EPA do what it Basically I guess it says, again, what million more jobs. does best—clean air, clean water—and is being proposed by the EPA is an Admiral Mullen said the greatest let the national security folks keep us agency that was not designed to ad- threat to our national security is our safe and increase production so that for dress climate change, with plans that debt. When people aren’t working, goodness sake, somebody can afford to not only were not designed, and using a when America can’t produce things, I drive to work. vehicle that was not designed regard- am telling you, we will do more to I yield back the balance of my time. ing this problem, but by the own ad- harm our national security than any- The Acting CHAIR. The question is mission of the administrator does not thing I can think of. on the amendment offered by the gen- even know, and can’t give us even a We are going to lose just in Michigan tleman from Illinois (Mr. RUSH). slight percentage of what reduction we over 100,000 jobs in the next 25 years. The question was taken; and the Act- would have. So guess what? You want to talk about ing Chair announced that the noes ap- So I just have to say to my dear col- national security, someone who is un- peared to have it. league from Illinois that I appreciate employed and not paying taxes to help Mr. RUSH. Madam Chair, I demand a his concern, but his concern should not solve the debt problem is a national se- recorded vote. be us telling EPA not to implement curity threat, when you want to make The Acting CHAIR. Pursuant to rules that they admit will not address unreasonable expectations. clause 6 of rule XVIII, further pro- the problem and will not solve the I want clean water, and I want clean ceedings on the amendment offered by problem. Our issue ought to be talking air. I don’t want the EPA shutting the gentleman from Illinois will be about how do we address those prob- down factories that produce and actu- postponed.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2382 CONGRESSIONAL RECORD — HOUSE April 6, 2011 b 1750 overseas, taking with them our jobs know they would. We already know AMENDMENT NO. 11 OFFERED BY MR. DOYLE and our carbon emissions. that. I talked to a factory in my dis- At a committee hearing on this bill The Acting CHAIR. It is now in order trict that said when cap-and-trade was held in March of this year, our chair- to consider amendment No. 11 printed going to be passed, or this de facto cap- man told us, ‘‘We live in a global econ- in House Report 112–54. and-trade that’s being looked at, if omy with global competition, and na- Mr. DOYLE. Madam Chair, I have an that passes, that will definitely result tions like China absolutely have no in- amendment at the desk. in them leaving. There’s no benefit. It’s The Acting CHAIR. The Clerk will tention of similarly burdening their in- a higher cost of doing business. It designate the amendment. dustries. Manufacturing will leave this makes us uncompetitive in the free The text of the amendment is as fol- country unless the EPA is stopped.’’ world, especially in areas affected Madam Chair, unfortunately, my col- lows: where we have an ability to trade with leagues on the Republican side of the other countries. At the end of the bill add the following: aisle have forgotten to check with the Now here’s the very interesting part SEC. 5. STUDY ON EFFECT OF EPA CLIMATE Chinese. Just 2 days ago, a report came CHANGE REGULATIONS ON INTER- about that, though. We’re concerned NATIONAL COMPETITIVENESS OF out saying China to Tax Energy Usage about the environment, and we’re very UNITED STATES PRODUCERS OF EN- of Energy-Intensive Industries. The re- concerned about the environment. ERGY-INTENSIVE PRODUCTS. port says that China will impose a tax When you add cost to doing business in (a) STUDY.—Not later than 1 year after the on energy usage of eight industrial sec- a country that already well regulates date of the enactment of this Act, the Ad- tors, including iron and steel, alu- what is put out of an industry’s smoke- ministrator of the Environmental Protection Agency shall— minum and cement. Xie Zhenhua, vice stack and you add cost to that, you (1) conduct a study to determine, with re- chairman of National Development and drive those businesses overseas into spect to the period beginning on such date of Reform, said that China has launched areas where they have far less environ- enactment and ending on December 31, 2016, pilot carbon emission trading schemes mental regulation. So not only are we the extent to which the regulations of the in some of their provinces. So much for losing jobs here in the United States, Environmental Protection Agency under the this idea that all these jobs are going not only is the middle class continuing Clean Air Act to address climate change, if to China because there’s no taxing to be squeezed again by not having not repealed or otherwise made unauthorized there or that they’re not looking at a their manufacturing jobs, but now by section 2 of this Act, would— (A) cause greenhouse gas leakage; and trading scheme. we’ve hurt the environment. (B) reduce the international competitive- While I dispute the claims of my col- This is backwards. This isn’t what we ness of United States producers of energy-in- leagues that China has no intention of want to do. This isn’t the kind of tensive products; and addressing climate change, what I am America that we strive to come back (2) submit a report on the results of the more concerned about is the varying to, to get a middle class that’s vibrant study to the Congress, including rec- claims that these regulations will ship and producing things and exporting ommendations for legislative, administra- jobs overseas. What we have as an them overseas and people are getting a tive, or other actions to mitigate— amendment here is to address that good paycheck. This amendment stud- (A) any greenhouse gas leakage identified pursuant to paragraph (1)(A); and very question: Are these industries ies something that will not exist if we (B) any reduction in international com- here in America that utilize energy-in- pass this bill. petitiveness identified pursuant to paragraph tensive processes and have special We heard from a wide cross-section of (1)(B). trade pressures, what will the effect of energy producers and manufacturers on (b) DEFINITIONS.—In this section: these regulations be on those types of the Energy and Commerce Committee (1) The term ‘‘energy-intensive product’’ industries? who testified as to the harm these reg- means— In the last Congress, I worked with ulations will do in steel and chemical (A) iron, steel, aluminum, cement, bulk Congressman INSLEE to develop and ad- and refineries. The fact that China, glass, paper and pulp, chemicals, or indus- dress job and carbon leakage issues trial ceramics; or India and other industrial competitors (B) any other manufactured product which when we did the American Clean En- have no intention of imposing similar the Administrator of the Environmental ergy Security Act. We were able to de- regulations is further evidence that Protection Agency determines— velop a fair system of distributing such regulations are costly and eco- (I) is sold in bulk for purposes of further these allowances. This amendment pro- nomically damaging. manufacture; and poses to do the same thing. I reserve the balance of my time. (ii) generates, in the course of the manu- The Acting CHAIR. The time of the Mr. DOYLE. Madam Chair, I yield facture of the product, direct and indirect gentleman has expired. myself 15 seconds to say to the gen- greenhouse gas emissions that are com- Mr. DOYLE. Thank you. tleman that maybe he wasn’t here parable (on an emissions-per-dollar basis) to emissions generated in the manufacture or I will reserve the balance of my time. when I just read the fact that China is production of products identified in subpara- Mr. KINZINGER of Illinois. I rise in imposing a tax on their industries, is graph (A). opposition to the amendment. looking at cap-and-trade. (2) The term ‘‘greenhouse gas leakage’’ The Acting CHAIR. The gentleman is I would also say to the gentleman means an increase in greenhouse gas emis- recognized for 5 minutes. who says why we want a study for a sions abroad because of the movement of the Mr. KINZINGER of Illinois. Madam bill that is going to abolish these regu- production of economic goods from the Chairman, this is an interesting lations, your bill is never going to be- United States to other countries. amendment. This is an amendment to a come law. This bill has a veto threat. The Acting CHAIR. Pursuant to bill to study the cost of regulations We need to do a study to see what the House Resolution 203, the gentleman that if this bill goes through, regula- implications are on our industries. from Pennsylvania (Mr. DOYLE) and a tions won’t exist. I don’t get it, but I would now like to yield 1 minute to Member opposed each will control 5 okay. the gentleman from Ohio (Mr. RYAN). minutes. We don’t need another study. We Mr. RYAN of Ohio. I thank the gen- The Chair recognizes the gentleman need jobs. I come from the 11th Con- tleman from Pittsburgh. from Pennsylvania. gressional District in Illinois. We have I would just like to lend my voice to Mr. DOYLE. I yield myself 2 minutes. high unemployment. Where I come taking this and studying this, because Madam Chair, I sit on the Energy and from is an industry base, a manufac- there are issues here. There will be a Commerce Committee and on the En- turing base. Americans are hurting. We transition. We want our businesses to ergy and Power Subcommittee, which have high unemployment. Statistics be aware of what the actual statistics has primary jurisdiction of H.R. 910. As show that jobs are leaving at a record are, to study these regs, what they’re such, I have been at several hearings pace. going to be and what the effects are on this bill where my colleagues on the There is no longer any question going to be. But in no way, shape or Republican side of the aisle have about whether the EPA’s climate form does this diminish mine or I don’t claimed that the pending EPA regula- change regulations would actually hurt think anyone else’s support for a green tions on greenhouse gases will cause international competitiveness and af- energy future that we need in the our industries to pack up and move fect American companies. We already United States.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2383 I have been sitting here listening and vironmental regulations were such Mr. DOYLE. Madam Chair, let me you have several Members over there that it didn’t allow us to implement just close by saying to my colleagues saying, ‘‘China isn’t going to do cap- our green revolution. that all we’re asking for is to put some and-trade.’’ The fact is they’re starting So, I hope all of those that are talk- good data behind this. Let’s study it. to do it. ‘‘China is never going to tax ing about a green revolution today are Let’s have the EPA take a look at this. carbon.’’ The fact is they’re starting to willing to take on the environmental, Let’s see what the effects are on our do it. And now we have dropped from regulatory, and oversight problems energy-intensive industries, because first place in leading the green revolu- that exist in implementation, because this is an issue we’re going to have to tion to second, now to third, behind without casting those aside, you’ll deal with eventually, and we want to China, Germany, and now the United never see that revolution. have good data behind it. Let’s not States. b 1800 have all the stories be anecdotal. Let’s These are manufacturing jobs. Tons Mr. DOYLE. Madam Chair, may I in- have the agency study this, and let’s and tons of steel go into a windmill; quire as to how much time remains on work together to find solutions to pro- 8,000 component parts. They manufac- both sides? tect our industries while we clean up ture them in Illinois, in Ohio, in Penn- The Acting CHAIR. The gentleman our environment for our kids and our sylvania. These are jobs for our people. from Pennsylvania has 13⁄4 minutes re- grandkids. Why else would the United Steel- maining, and the gentleman from Illi- Madam Chair, I yield back the bal- workers of America be against this and nois has 15 seconds remaining. ance of my time. be for the green revolution? We’re Mr. DOYLE. I yield 1 minute to my The Acting CHAIR. The question is making this happen, and we have to good friend, the gentleman from Wash- on the amendment offered by the gen- get out of our own way while we do it. ington, JAY INSLEE. tleman from Pennsylvania (Mr. Mr. KINZINGER of Illinois. I yield Mr. INSLEE. It is deeply dis- DOYLE). myself 15 seconds to say that China is appointing that our Republican col- The question was taken; and the Act- not the only other country. There are leagues are so willing, able—and appar- ing Chair announced that the noes ap- hundreds of countries, hundreds of op- ently eager—to shut down the govern- peared to have it. portunities for American companies to ment. This bill fundamentally shuts Mr. DOYLE. Madam Chair, I demand go overseas if they are forced and down the government. It shuts down a recorded vote. squeezed out of this. I think green en- the ability of the Environmental Pro- The Acting CHAIR. Pursuant to ergy future is a code word for a no tection Agency to help lead us into a clause 6 of rule XVIII, further pro- manufacturing jobs future. clean energy future. ceedings on the amendment offered by With that, I yield 2 minutes to the Why shut down an agency that can the gentleman from Pennsylvania will gentleman from California (Mr. help develop these biofuels that we be postponed. BILBRAY). were just talking about? Why do they AMENDMENT NO. 12 OFFERED BY MR. KIND Mr. BILBRAY. Madam Chair, I al- want to shut down the engine of inno- The Acting CHAIR. It is now in order ways enjoy my colleague MIKE DOYLE vation? Why do they want to shut down because I have a good friend, Mike our effort to find a solution for energy- to consider amendment No. 12 printed Doyle, who was actually the first world intensive industries? The steel indus- in House Report 112–54. champion surfer; so I always remind try, the aluminum industry, the ce- Mr. KIND. Madam Chair, I have an him of that connection. ment industry, the paper pulp industry amendment at the desk. But let me just say to my colleagues, need solutions to this. We offered one. The Acting CHAIR. The Clerk will I hope you’re not under some illusion Yet the Republicans have no solutions. designate the amendment. that China is even considering reducing Shutting down the government is not The text of the amendment is as fol- their greenhouse gas emissions by 17 a solution. Shutting down the EPA is lows: percent within this decade. I hope you not a solution. Shutting down Amer- Strike all after the enacting clause and in- don’t have that illusion. ican innovation is not a solution. This sert the following: But let’s point out what we really is an amendment that makes a state- SECTION 1. PROHIBITIONS AGAINST REGULA- need to address with this issue. You do ment that we ought to study science TION OF GREENHOUSE GASES. not need a study, Congressman, about and economics and come up with a so- The Clean Air Act (42 U.S.C. 7401 and fol- lution in a bipartisan way. lowing) is amended by adding the following the impacts. Your State is sitting at 8 new section after section 329: percent. My State is sitting at 12 per- Mr. KINZINGER of Illinois. I yield myself the balance of my time. ‘‘SEC. 330. PROHIBITIONS AGAINST REGULATION cent unemployment. If you really want OF GREENHOUSE GASES. to see what happens if you’re not care- I only have 15 seconds. I heard two crazy things. Number ‘‘(a) NEW SOURCE REVIEW.— ful about the impacts and the costs of ‘‘(1) GENERAL RULE.— one, this doesn’t change the Clean Air going green, which we have, we’ve had ‘‘(A) EXCLUDING GREENHOUSE GAS EMISSIONS Act at all. This prevents them from a great breakthrough. Our air has been FROM PERMITTING APPLICABILITY DETERMINA- going outside of the legislative will of TIONS.— cleaned up a lot more. But there are the American people and implementing challenges of going beyond that and ‘‘(i) For purposes of determining whether a a legislative idea. By the way, if we’re stationary source is a ‘major emitting facil- going into things that are not cost ef- looking at a government shutdown, it’s ity’ pursuant to section 169(1), such deter- fective. not because we haven’t tried on this mination shall not be based on emissions of Let me remind you, the great suc- side; it’s because no budget was passed any air pollutant subject to regulation solely cesses we’ve had with cleaning up our last year. on the basis of such pollutant’s contribution air in California is we always gave pri- The Acting CHAIR. The time of the to global climate change. ority to those emissions that had the ‘‘(ii) For purposes of determining whether gentleman has expired. a stationary source has undertaken ‘con- greatest health risk. We didn’t go after Mr. DOYLE. I would like to yield 15 one that wasn’t even on the scale. CO struction’ pursuant to section 165(a), such 2 seconds to the gentleman from Ohio determination shall not be based on an in- is not even on the health risk scale. (Mr. RYAN). crease in the amount of any air pollutant Let me just give you a good example. Mr. RYAN of Ohio. I just want to subject to regulation solely on the basis of I’m a big supporter of algae. Our sci- make two points because we hear a lot such pollutant’s contribution to global cli- entists in California developed algae from the other side about Ronald mate change, nor be based on resulting emis- fuel. Our State institutions and our Reagan, and I know they burn incense sions of such an air pollutant not previously educational institutions had the sci- and light candles for Ronald Reagan. In emitted. entists that developed the technology the 1980s, it was President Reagan who ‘‘(B) EXCLUDING SMALL GREENHOUSE GAS to be able to make fuel out of algae. used cap-and-trade for leaded gasoline, SOURCES FROM PERMITTING REQUIREMENTS.— But when it came time to produce it, No requirement of sections 160 through 169 and it was George Herbert Walker Bush shall apply with respect to any greenhouse when it came time to create the jobs, I who used cap-and-trade for sulfur. gas unless such gas is subject to regulation hope the gentleman understands that This is something that can be done if under this Act for reasons independent of its our scientists had to leave the State we put a price on this stuff. Lead the effects on global climate change or the gas is and go to New Mexico, because our en- world, not be led. emitted by a source that is—

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2384 CONGRESSIONAL RECORD — HOUSE April 6, 2011 ‘‘(i) a new major emitting facility that will The Chair recognizes the gentleman I think we can all agree that we’d emit, or have the potential to emit, green- from Wisconsin. rather have Congress act to curb greenhouse gases in an amount of at least 75,000 Mr. KIND. I yield myself such time house gas emissions, and I would cer- tons carbon dioxide equivalent per year; or as I may consume. tainly prefer that approach, but we ‘‘(ii) an existing major emitting facility Madam Chair, the bill that we are de- that undertakes construction which in- haven’t been able to get our act to- creases the amount of greenhouse gases, or bating today just goes too far. It re- gether in this body. What we can do is which results in emission of greenhouse peals a scientific finding and rep- protect public health and local econo- gases not previously emitted, on a mass resents an aggressive assault on the mies by codifying the Tailoring Rule. basis and by at least 75,000 tons carbon diox- Clean Air Act, a bipartisan law origi- I urge my colleagues to support this ide equivalent per year. nally implemented by President Nixon amendment because it is a common- ‘‘(2) SPECIAL RULE.—Notwithstanding para- that has successfully protected the sense solution that accepts the sci- graph (1), as of July 1, 2011, for purposes of public health for over 40 years. entific evidence that greenhouse gases section 160 through 169, the term ‘major I represent a rural district in western emitting facility’ shall include a stationary are dangerous to human health, and it Wisconsin that has approximately enacts a workable solution that will source— 180,000 rural electric co-op members ‘‘(A) that is— protect human health and that will en- ‘‘(i) a new stationary source that will emit, that are concerned about possible new sure clean air while shielding the vast or have the potential to emit, greenhouse EPA regulations and their impact on majority of sources from any regu- gases of at least 100,000 tons carbon dioxide them. I share their concerns, and I latory requirements. equivalent per year (or such other quantity agree that we have to approach this I reserve the balance of my time. between 50,000 and 100,000 set by the Admin- issue reasonably. Still, the approach Mr. WHITFIELD. I rise in opposition istrator by regulation effective no earlier under H.R. 910 isn’t the right one. to the amendment. than July 1, 2013); or There is a middle ground that can be The Acting CHAIR. The gentleman ‘‘(ii) an existing stationary source that found, which is why I, along with my from Kentucky is recognized for 5 min- emits greenhouse gases of at least 100,000 friend and colleague from New York utes. tons carbon dioxide equivalent per year (or such other quantity between 50,000 and (Mr. OWENS), am offering, really, an Mr. WHITFIELD. Madam Chair, I 100,000 set by the Administrator by regula- amendment in the nature of a sub- yield 2 minutes to the gentleman from tion effective no earlier than July 1, 2013) stitute today. This amendment would Virginia (Mr. GRIFFITH). and that undertakes a physical change or permanently protect farms, small busi- Mr. GRIFFITH of Virginia. I would change in the method of operation that will nesses and small- and medium-sized like to thank the gentleman for bring- result in an emissions increase of greenhouse stationary sources from greenhouse gas ing this amendment. gases of at least 75,000 tons carbon dioxide regulation by codifying the Environ- Madam Chair, the EPA has passed equivalent per year (or such other quantity mental Protection Agency’s Tailoring this so-called ‘‘Tailoring Rule’’ without between 50,000 and 75,000 set by the Adminis- Rule. there being any authority in the Clean trator by regulation effective no earlier than The Tailoring Rule, itself, represents Air Act to do so. The proper place for July 1, 2013); and this type of debate, as the underlying ‘‘(B) that has greenhouse gas emissions a compromise. Despite being court-or- equal to or exceeding 250 tons per year mass dered to regulate greenhouse gases, the bill makes clear, is in the Halls of Con- emissions or, in the case of any of the types EPA took into account our fragile gress, not in the halls of the EPA. of stationary sources identified in section economy, and proposed a narrow rule There is a button that was very pop- 169(1), 100 tons per year mass emissions. that would exempt the vast majority of ular in my district—and still is—which ‘‘(3) NONPROFIT INSTITUTIONS.—For pur- stationary sources from any regula- reads, ‘‘Who elected the EPA?’’ The an- poses of section 169(1), no provision in this tion. Through the rule, the EPA takes swer is no one; but we know who elects subsection shall include within the term the appropriate approach to regulating us. The people of the United States ‘major emitting facility’ any new or modi- greenhouse gases by only requiring elect us, and they elect us to make the fied facility which is a nonprofit health or laws. This amendment makes it clear educational institution which has been ex- very large, new and expanded emitters empted by the state in which it is located. to seek permits. My friends on the that this is where it belongs; thus, we ‘‘(b) TITLE V OPERATING PERMITS.— other side of the aisle, however, believe should pass the bill. The amendment ‘‘(1) GENERAL RULE.—Notwithstanding any that the EPA intends to go even fur- should be defeated. The bill should be provision of this title or title V, no sta- ther than the Tailoring Rule, and will passed. tionary source shall be required to apply for, ultimately implement a tax on energy It also makes clear that the EPA is or operate pursuant to, a permit under title just as China is beginning to today; but overreaching and that they had to V, solely due to its status as a major source come up with a Tailoring Rule because, of greenhouse gases that are subject to regu- voting for this amendment will prevent the EPA from doing this. as they say, without it, it creates an lation under this Act solely on the basis of absurd result, but those absurd results their effect on global climate change. Some fear that farms or businesses flow from the EPA’s determination to ‘‘(2) SPECIAL RULE.—As of July 1, 2011, the will be regulated under this rule. Our provisions of paragraph (1) of this subsection amendment prevents this from ever oc- reach these greenhouse gases as if they shall not apply to any stationary source that curring. Under the Tailoring Rule, the were harmful pollutants. emits or has the potential to emit at least EPA has not identified even one farm Now, ladies and gentlemen, this 100,000 tons per year carbon dioxide equiva- that would meet the regulation thresh- amendment, contrary to its patron’s lent (or such other quantity between 50,000 old. That’s because you’d have to have assertions, does not shield small busi- and 100,000 set by the Administrator by regu- over 116,000 beef cattle or 152 million nesses or farms, because it does not lation effective no earlier than July 1, 2013). block the avalanche of additional ‘‘(c) DEFINITION OF GREENHOUSE GAS.—For broiler chickens on a single farm to purposes of this section, the term ‘green- trigger the regulation. There isn’t a greenhouse gas rules that come under house gas’ means the following: farm in the United States, let alone various clean air programs. The EPA’s ‘‘(1) Carbon dioxide. western Wisconsin, that fits that defi- greenhouse gas regulations will drive ‘‘(2) Methane nition. Further, this amendment will up the prices of gasoline, electricity, ‘‘(3) Nitrous oxide. provide the utility industry with the food, goods and services; and the cost ‘‘(4) Sulfur hexafluoride. certainty that they have requested. In- of these regulations will be passed on ‘‘(5) Hydrofluorocarbons. dustry will know precisely what will to everyone, including to small busi- ‘‘(6) Perfluorocarbons. nesses. ‘‘(7) Nitrogen trifluoride. trigger permit requirements, and will ‘‘(8) Any other anthropogenic gas if the Ad- be able to plan accordingly. That’s why the National Federation ministrator determines that one ton of such H.R. 910 takes an extreme approach of Independent Business supports H.R. gas has the same or greater effect on global to the EPA regulation of these carbon 910. A vote in favor of H.R. 910 will be climate change as does one ton of carbon di- emissions by repealing a scientific scored as a major vote for the NFIB. oxide.’’. finding so compelling that even the The NFIB has said that using the Clean The Acting CHAIR. Pursuant to Bush administration determined that Air Act as a framework will trigger an House Resolution 203, the gentleman they were unable to ignore it. The avalanche of regulatory requirements from Wisconsin (Mr. KIND) and a Mem- science is clear: Climate change is real, that will burden hundreds of thousands ber opposed each will control 5 min- and greenhouse gases pose a serious of previously unregulated sources, in- utes. threat to human health. cluding many small entities.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2385 I ask that you reject the amendment. other small and medium-size sources of Amendment No. 2 by Ms. JACKSON Mr. KIND. Madam Chair, I would like pollution. This makes sense, and it LEE of Texas. to yield 11⁄2 minutes to the coauthor of deals with the problem that has been Amendment No. 5 by Mr. MURPHY of this amendment, my friend from New raised about EPA. It is a commonsense Connecticut. York (Mr. OWENS). solution. We ought to support it and Amendment No. 6 by Mr. WAXMAN of b 1810 make sure that the tailoring rule is all California. that would be applicable for EPA to do. Amendment No. 8 by Mr. POLIS of Mr. OWENS. I thank the gentleman. Mr. WHITFIELD. I yield myself the Colorado. I would like to point out that my balance of my time. Amendment No. 9 by Mr. MARKEY of predecessor, a respected Member of the Well, I would say to you that EPA Massachusetts. other side of the aisle, Mr. McHugh, adopted this tailoring act because they Amendment No. 10 by Mr. RUSH of Il- was very supportive of regulation of bit off more than they could chew, ini- linois. mercury and acid rain because it nega- tially. That’s why a lawsuit has been Amendment No. 11 by Mr. DOYLE of tively impacted the New York 23rd. I filed against them, because they vio- Pennsylvania. think we need to act responsibly in lated the clear language of the Clean Amendment No. 12 by Mr. KIND of each of these situations, and we need Air Act that says if anything emits Wisconsin. to make sure that we are working off, more than 150 tons per year, or 250 tons The Chair will reduce to 2 minutes not the science of proponents, but the per year, it must be regulated if the time for any electronic vote after science of understanding of the issues. they’ve had an endangerment finding, the first vote in this series. When we look at my district, it has as they did in this case. AMENDMENT NO. 1 OFFERED BY MS. JACKSON taken great strides in terms of moving And so this amendment would simply LEE OF TEXAS forward with green and renewable en- gut the entire bill and place the tai- The Acting CHAIR. The unfinished ergy. We have wood—which we have loring law there in its place. Under this business is the demand for a recorded plenty of in the Adirondacks—we have tailoring rule, they would be able to go vote on the amendment offered by the wind energy, and we have hydro, all of down to 50-tons-per-year emissions. gentlewoman from Texas (Ms. JACKSON which are contributing to jobs and But the question becomes, what hap- LEE) on which further proceedings were making our economy a green and sus- pens after the year 2013? You have two postponed and on which the noes pre- tainable economy. conflicting parts of this Clean Air Act vailed by voice vote. I think it is very important to under- as a result if we adopt this amendment. The Clerk will redesignate the stand that what this legislation does One thing we know for certain, EPA amendment. is, in fact, eliminate regulation for the is already involved in too many law- The Clerk redesignated the amend- small businesses and farms in my dis- suits. In fact, we’re trying to find out ment. trict. I urge my colleagues to support now exactly how many lawsuits. We RECORDED VOTE this amendment and to reject the un- feel like this bill that we are trying to derlying legislation. pass in the Congress today, H.R. 910, is The Acting CHAIR. A recorded vote The Acting CHAIR. The gentleman simply Congress reasserting itself into has been demanded. from Kentucky has 3 minutes remain- the Clean Air Act because for too long A recorded vote was ordered. ing; the gentleman from Wisconsin has decisions have been made by unelected The vote was taken by electronic de- 30 seconds remaining. bureaucrats at EPA; lawsuits are being vice, and there were—ayes 161, noes 259, Mr. WHITFIELD. Madam Chair, I filed. Almost every time anyone ap- not voting 12, as follows: yield 1 minute to the gentleman from plies for a permit EPA runs and enters [Roll No. 233] California (Mr. BILBRAY). into a consent decree, and then the AYES—161 Mr. BILBRAY. I apologize, but I have Federal judge will award legal fees to Ackerman Edwards Loebsack to say to the gentleman, you know, the plaintiffs. We think it’s time to re- Andrews Ellison Lofgren, Zoe wood burning, under oxygen-deprived Baca Engel Lowey assert ourselves into this process. Baldwin Eshoo Luja´ n environment, is a terrible particulate This is a good bill, H.R. 910. It says Bass (CA) Farr Lynch pollutant. So I don’t think anybody in- that it was never the intent of Con- Becerra Fattah Maloney volved in air pollution issues would gress for EPA to regulate greenhouse Berkley Filner Markey Berman Frank (MA) Matsui ever point out that wood burning is gases. We do not in any way interfere Bishop (NY) Fudge McCarthy (NY) something we want to point to. It may with their ability to regulate ambient Blumenauer Garamendi McCollum be renewable—and I appreciate you air quality standards, particulate mat- Boswell Gonzalez McDermott saying that, and I think it’s very good Brady (PA) Green, Al McGovern ter, the hazardous air pollutants—we Braley (IA) Green, Gene McNerney that you said that because I think we have about 200 or so of those listed— Brown (FL) Grijalva Michaud mix renewable with clean all the time. acid rain, any of those things. Butterfield Gutierrez Miller (NC) But there are those renewable sources This is a great bill. Let’s defeat this Capps Hanabusa Miller, George Capuano Hastings (FL) Moran that are very, very bad for the air pol- amendment. I urge passage of H.R. 910. Carnahan Heinrich Murphy (CT) lution issue. I just wanted to make The Acting CHAIR. The question is Carney Higgins Nadler sure we went by and didn’t point at on the amendment offered by the gen- Carson (IN) Himes Napolitano Castor (FL) Hinchey Neal that. tleman from Wisconsin (Mr. KIND). Chu Hinojosa Owens In California, we have actually tried The question was taken; and the Act- Cicilline Hirono Pallone to outlaw wood-burning stoves because ing Chair announced that the noes ap- Clarke (MI) Holt Pascrell of the problems with the air pollution peared to have it. Clarke (NY) Hoyer Pastor (AZ) Mr. KIND. Madam Chair, I demand a Clay Inslee Payne and the toxin emissions that are Cleaver Israel Pelosi caused by the particulate problem with recorded vote. Clyburn Jackson (IL) Peters it. The Acting CHAIR. Pursuant to Cohen Jackson Lee Polis Mr. KIND. Madam Chair, I yield the clause 6 of rule XVIII, further pro- Connolly (VA) (TX) Price (NC) Conyers Johnson (GA) Quigley balance of my time to the ranking ceedings on the amendment offered by Cooper Johnson, E. B. Reyes member of the Energy and Commerce the gentleman from Wisconsin will be Courtney Kaptur Richardson Committee, the gentleman from Cali- postponed. Crowley Keating Richmond Cummings Kildee Rothman (NJ) ANNOUNCEMENT BY THE ACTING CHAIR fornia (Mr. WAXMAN). Davis (CA) Kind Roybal-Allard The Acting CHAIR. The gentleman is The Acting CHAIR. Pursuant to Davis (IL) Kissell Ruppersberger recognized for 30 seconds. clause 6 of rule XVIII, proceedings will DeFazio Kucinich Rush Mr. WAXMAN. The advocates of the now resume on those amendments DeGette Langevin Ryan (OH) DeLauro Larsen (WA) Sa´ nchez, Linda underlying bill have said that EPA is printed in House Report 112–54 on Deutch Larson (CT) T. going to regulate a lot of other sources. which further proceedings were post- Dicks Lee (CA) Sarbanes What this Kind-Owens amendment does poned, in the following order: Dingell Levin Schakowsky Doggett Lewis (GA) Schiff is says that EPA will not be allowed to Amendment No. 1 by Ms. JACKSON Doyle Lipinski Schwartz regulate farms, small businesses, and LEE of Texas.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2386 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Scott (VA) Thompson (MS) Waters NOT VOTING—12 Stark Van Hollen Weiner Scott, David Tierney Watt Sutton Vela´ zquez Welch Cantor Giffords Olver Serrano Tonko Waxman Thompson (CA) Walz (MN) Wilson (FL) Costa Honda Pingree (ME) Sherman Towns Weiner Critz Meeks Rangel Thompson (MS) Wasserman Woolsey Sires Tsongas Welch Frelinghuysen Moore Sanchez, Loretta Tierney Schultz Wu Slaughter Van Hollen Wilson (FL) Tonko Waters Yarmuth Speier Vela´ zquez Woolsey Towns Watt Stark Walz (MN) Wu b 1843 Tsongas Waxman Sutton Wasserman Yarmuth Thompson (CA) Schultz Mr. MEEHAN changed his vote from NOES—266 ‘‘aye’’ to ‘‘no.’’ NOES—259 Adams Gerlach Myrick Ms. BALDWIN, Messrs. CARNEY, Aderholt Gibbs Neugebauer Adams Gohmert Olson BERMAN, Ms. SCHAKOWSKY and Mr. Akin Gibson Noem Aderholt Goodlatte Palazzo Alexander Gingrey (GA) Nugent Akin Gosar Paul CLEAVER changed their vote from Altmire Gohmert Nunes Alexander Gowdy Paulsen ‘‘no’’ to ‘‘aye.’’ Amash Goodlatte Altmire Granger Pearce Nunnelee So the amendment was rejected. Austria Gosar Amash Graves (GA) Pence Olson The result of the vote was announced Bachmann Gowdy Austria Graves (MO) Perlmutter Palazzo Bachus Granger Bachmann Griffin (AR) Peterson as above recorded. Paul Barletta Graves (GA) Bachus Griffith (VA) Petri AMENDMENT NO. 2 OFFERED BY MS. JACKSON Paulsen Barrow Graves (MO) Barletta Grimm Pitts LEE OF TEXAS Pearce Barrow Guinta Platts Bartlett Griffin (AR) Pence Bartlett Guthrie Poe (TX) The Acting CHAIR (Mr. WESTMORE- Barton (TX) Griffith (VA) Peterson Barton (TX) Hall Pompeo LAND). The unfinished business is the Bass (NH) Grimm Petri Bass (NH) Hanna Posey demand for a recorded vote on the Benishek Guinta Pitts Benishek Harper Price (GA) Berg Guthrie Platts amendment offered by the gentle- Biggert Hall Berg Harris Quayle Poe (TX) ACKSON EE Bilbray Hanna Biggert Hartzler Rahall woman from Texas (Ms. J L ) Pompeo Bilirakis Harper Bilbray Hastings (WA) Reed on which further proceedings were Posey Bishop (UT) Harris Bilirakis Hayworth Rehberg postponed and on which the noes pre- Price (GA) Bishop (GA) Heck Reichert Black Hartzler Quayle Bishop (UT) Heller Renacci vailed by voice vote. Blackburn Hastings (WA) Quigley Black Hensarling Ribble The Clerk will redesignate the Bonner Hayworth Blackburn Herger Rigell Bono Mack Heck Rahall amendment. Reed Bonner Herrera Beutler Rivera The Clerk redesignated the amend- Boren Heller Bono Mack Holden Roby Boswell Hensarling Rehberg Boren Huelskamp Roe (TN) ment. Boustany Herger Reichert Renacci Boustany Huizenga (MI) Rogers (AL) RECORDED VOTE Brady (TX) Herrera Beutler Brady (TX) Hultgren Rogers (KY) Brooks Hirono Ribble Brooks Hunter Rogers (MI) The Acting CHAIR. A recorded vote Broun (GA) Holden Rigell Broun (GA) Hurt Rohrabacher has been demanded. Buchanan Huelskamp Rivera Buchanan Issa Rokita A recorded vote was ordered. Bucshon Huizenga (MI) Roby Bucshon Jenkins Rooney The Acting CHAIR. This will be a 2- Buerkle Hultgren Roe (TN) Buerkle Johnson (IL) Ros-Lehtinen Burgess Hunter Rogers (AL) Burgess Johnson (OH) Roskam minute vote. Burton (IN) Hurt Rogers (KY) Burton (IN) Johnson, Sam Ross (AR) The vote was taken by electronic de- Calvert Issa Rogers (MI) Calvert Jones Ross (FL) vice, and there were—ayes 157, noes 266, Camp Jenkins Rohrabacher Camp Jordan Royce Campbell Johnson (IL) Rokita Campbell Kelly Runyan not voting 9, as follows: Canseco Johnson (OH) Rooney Canseco King (IA) Ryan (WI) [Roll No. 234] Cantor Johnson, Sam Ros-Lehtinen Capito King (NY) Scalise Capito Jones Roskam Cardoza Kingston Schilling AYES—157 Cardoza Jordan Carter Kinzinger (IL) Schmidt Ackerman Eshoo McCarthy (NY) Ross (AR) Carter Kelly Cassidy Kline Schock Andrews Fattah McCollum Ross (FL) Cassidy King (IA) Chabot Labrador Schrader Baca Filner McDermott Royce Chaffetz Lamborn Schweikert Baldwin Frank (MA) McGovern Chabot King (NY) Runyan Chandler Lance Scott (SC) Bass (CA) Fudge McNerney Chaffetz Kingston Ryan (WI) Coble Landry Scott, Austin Becerra Garamendi Michaud Chandler Kinzinger (IL) Scalise Coffman (CO) Lankford Sensenbrenner Berkley Gonzalez Miller (NC) Coble Kline Schilling Cole Latham Sessions Berman Green, Al Miller, George Coffman (CO) Labrador Schmidt Conaway LaTourette Sewell Bishop (GA) Green, Gene Moore Cole Lamborn Schock Costello Latta Shimkus Bishop (NY) Grijalva Moran Conaway Lance Schrader Cravaack Lewis (CA) Shuler Blumenauer Hanabusa Murphy (CT) Connolly (VA) Landry Schweikert Crawford LoBiondo Shuster Brady (PA) Hastings (FL) Nadler Costello Lankford Scott (SC) Crenshaw Long Simpson Braley (IA) Heinrich Napolitano Cravaack Larsen (WA) Scott, Austin Cuellar Lucas Smith (NE) Brown (FL) Higgins Neal Crawford Latham Sensenbrenner Culberson Luetkemeyer Smith (NJ) Butterfield Himes Owens Crenshaw LaTourette Sessions Davis (KY) Lummis Smith (TX) Capps Hinchey Pallone Critz Latta Sewell Denham Lungren, Daniel Smith (WA) Capuano Hinojosa Pascrell Cuellar Lewis (CA) Shimkus Dent E. Southerland Carnahan Holt Pastor (AZ) Culberson LoBiondo Shuler DesJarlais Mack Stearns Carney Honda Payne Davis (KY) Lofgren, Zoe Shuster Diaz-Balart Manzullo Stivers Carson (IN) Hoyer Pelosi Denham Long Simpson Dold Marchant Stutzman Castor (FL) Inslee Perlmutter Dent Lucas Smith (NE) Donnelly (IN) Marino Sullivan Chu Israel Peters DesJarlais Luetkemeyer Smith (NJ) Dreier Matheson Terry Cicilline Jackson (IL) Polis Diaz-Balart Lummis Smith (TX) Duffy McCarthy (CA) Thompson (PA) Clarke (MI) Jackson Lee Price (NC) Dicks Lungren, Daniel Southerland Duncan (SC) McCaul Thornberry Clarke (NY) (TX) Reyes Dold E. Stearns Duncan (TN) McClintock Tiberi Clay Johnson (GA) Richardson Donnelly (IN) Mack Stivers Ellmers McCotter Tipton Cleaver Johnson, E. B. Richmond Dreier Manzullo Stutzman Emerson McHenry Turner Clyburn Kaptur Rothman (NJ) Duffy Marchant Sullivan Farenthold McIntyre Upton Cohen Keating Roybal-Allard Duncan (SC) Marino Terry Fincher McKeon Visclosky Conyers Kildee Ruppersberger Duncan (TN) Matheson Thompson (PA) Fitzpatrick McKinley Walberg Cooper Kind Rush Ellmers McCarthy (CA) Thornberry Flake McMorris Walden Courtney Kissell Ryan (OH) Emerson McCaul ´ Fleischmann Rodgers Walsh (IL) Crowley Kucinich Sanchez, Linda Farenthold McClintock Tiberi Fleming Meehan Webster Cummings Langevin T. Farr McCotter Tipton Flores Mica West Davis (CA) Larson (CT) Sarbanes Fincher McHenry Turner Forbes Miller (FL) Westmoreland Davis (IL) Lee (CA) Schakowsky Fitzpatrick McIntyre Upton Fortenberry Miller (MI) Whitfield DeFazio Levin Schiff Flake McKeon Visclosky Foxx Miller, Gary Wilson (SC) DeGette Lewis (GA) Schwartz Fleischmann McKinley Walberg Franks (AZ) Mulvaney Wittman DeLauro Lipinski Scott (VA) Fleming McMorris Walden Gallegly Murphy (PA) Wolf Deutch Loebsack Scott, David Flores Rodgers Walsh (IL) Gardner Myrick Womack Dingell Lowey Serrano Forbes Meehan Webster Garrett Neugebauer Woodall Doggett Luja´ n Sherman Fortenberry Mica West Gerlach Noem Yoder Doyle Lynch Sires Foxx Miller (FL) Westmoreland Gibbs Nugent Young (AK) Edwards Maloney Slaughter Franks (AZ) Miller (MI) Whitfield Gibson Nunes Young (FL) Ellison Markey Smith (WA) Gallegly Miller, Gary Wilson (SC) Gingrey (GA) Nunnelee Young (IN) Engel Matsui Speier Gardner Mulvaney Wittman Garrett Murphy (PA) Wolf

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2387 Womack Yoder Young (FL) Richardson Scott, David Tsongas NOT VOTING—10 Woodall Young (AK) Young (IN) Richmond Serrano Van Hollen Akin Meeks Sanchez, Loretta Ross (AR) Sewell Vela´ zquez Costa Olver NOT VOTING—9 Rothman (NJ) Sherman Waters Visclosky Frelinghuysen Pingree (ME) Costa Gutierrez Pingree (ME) Roybal-Allard Shuler Walz (MN) Giffords Rangel Frelinghuysen Meeks Rangel Ruppersberger Sires Wasserman Giffords Olver Sanchez, Loretta Rush Slaughter Schultz ANNOUNCEMENT BY THE ACTING CHAIR Ryan (OH) Smith (WA) Watt ANNOUNCEMENT BY THE ACTING CHAIR ´ The Acting CHAIR (during the vote). Sanchez, Linda Speier Waxman T. Stark There is 1 minute remaining on this The Acting CHAIR (during the vote). Weiner Sarbanes Sutton There is 1 minute remaining in the Welch vote. Schakowsky Thompson (CA) Wilson (FL) vote. Schiff Thompson (MS) b 1850 Schrader Tierney Woolsey b 1847 Schwartz Tonko Wu Mr. MCINTYRE changed his vote Yarmuth Ms. CHU and Mr. YARMUTH changed Scott (VA) Towns from ‘‘aye’’ to ‘‘no.’’ So the amendment was rejected. their vote from ‘‘no’’ to ‘‘aye.’’ NOES—240 So the amendment was rejected. The result of the vote was announced Adams Goodlatte Nugent as above recorded. The result of the vote was announced Aderholt Gosar Nunes as above recorded. Alexander Gowdy Nunnelee Stated against: Altmire Granger AMENDMENT NO. 5 OFFERED BY MR. MURPHY OF Olson Mr. POE of Texas. Mr. Chair, on rollcall No. Amash Graves (GA) Palazzo CONNECTICUT 235, I voted ‘‘aye’’ and I intended to vote ‘‘no.’’ Austria Graves (MO) Paul (By unanimous consent, Mr. DINGELL The Acting CHAIR. The unfinished Bachmann Griffin (AR) Paulsen business is the demand for a recorded Bachus Griffith (VA) Pearce was allowed to speak out of order.) vote on the amendment offered by the Barletta Grimm Pence RAHALL CASTS 20,000TH VOTE Bartlett Guinta Peterson gentleman from Connecticut (Mr. MUR- Barton (TX) Guthrie Petri Mr. DINGELL. Mr. Chairman, I rise PHY) on which further proceedings were Benishek Hall Pitts to pay tribute to our good friend from postponed and on which the noes pre- Berg Hanna Platts West Virginia, Representative NICKY Biggert Harper vailed by voice vote. Pompeo JOE RAHALL, who will cast in this next Bilbray Harris Posey The Clerk will redesignate the Bilirakis Hartzler Price (GA) vote his 20,000th vote in this House of amendment. Bishop (UT) Hastings (WA) Quayle Representatives. Black Hayworth Reed Mr. Chairman, this is a milestone The Clerk redesignated the amend- Blackburn Heck Rehberg event. It gives us an opportunity to ment. Bonner Heller Renacci RECORDED VOTE Bono Mack Hensarling Ribble recognize the great work done by our Boren Herger The Acting CHAIR. A recorded vote Rigell distinguished friend and colleague from Boustany Herrera Beutler Rivera has been demanded. Brady (TX) Holden Beckley, West Virginia. He is always Roby serving his constituents and doing so A recorded vote was ordered. Brooks Huelskamp Roe (TN) The Acting CHAIR. This is a 2- Broun (GA) Huizenga (MI) Rogers (AL) well. He also strives to work across the Buchanan Hultgren Rogers (KY) aisle, and he is the kind of Member I minute vote. Bucshon Hunter Rogers (MI) believe we all feel we should be. The vote was taken by electronic de- Buerkle Hurt Rohrabacher vice, and there were—ayes 182, noes 240, Burgess Issa Rokita Mr. Chairman, I ask my colleague, Burton (IN) Jenkins Rooney Mr. RAHALL, to rise so that we may all not voting 10, as follows: Calvert Johnson (IL) Ros-Lehtinen Camp Johnson (OH) join together in paying tribute to our [Roll No. 235] Roskam Campbell Johnson, Sam friend and colleague on the occasion of Ross (FL) AYES—182 Canseco Jones Royce his 20,000th vote. Ackerman DeLauro Lance Cantor Jordan Runyan Andrews Deutch Langevin Capito Kelly AMENDMENT NO. 6 OFFERED BY MR. WAXMAN Ryan (WI) Baca Dicks Larsen (WA) Carter King (IA) The Acting CHAIR. Without objec- Scalise Baldwin Dingell Larson (CT) Cassidy King (NY) Schilling tion, 2-minute voting will continue. Barrow Doggett Lee (CA) Chaffetz Kingston Schmidt Bass (CA) Donnelly (IN) Levin Coble Kinzinger (IL) There was no objection. Bass (NH) Doyle Lewis (GA) Coffman (CO) Kline Schock The Acting CHAIR. The unfinished Becerra Edwards Lipinski Cole Labrador Schweikert Scott (SC) business is the demand for a recorded Berkley Ellison Loebsack Conaway Lamborn vote on the amendment offered by the Berman Engel Lofgren, Zoe Costello Landry Scott, Austin Bishop (GA) Eshoo Lowey Cravaack Lankford Sensenbrenner gentleman from California (Mr. WAX- Bishop (NY) Farr Luja´ n Crawford Latham Sessions MAN) on which further proceedings Blumenauer Fattah Lynch Crenshaw LaTourette Shimkus were postponed and on which the noes Boswell Filner Maloney Critz Latta Shuster Brady (PA) Frank (MA) Markey Culberson Lewis (CA) Simpson prevailed by voice vote. Braley (IA) Fudge Matheson Davis (KY) LoBiondo Smith (NE) The Clerk will redesignate the Brown (FL) Garamendi Matsui Denham Long Smith (NJ) amendment. Smith (TX) Butterfield Gonzalez McCarthy (NY) Dent Lucas The Clerk redesignated the amend- Capps Green, Al McCollum DesJarlais Luetkemeyer Southerland Capuano Green, Gene McDermott Diaz-Balart Lummis Stearns ment. Cardoza Grijalva McGovern Dold Lungren, Daniel Stivers RECORDED VOTE Carnahan Gutierrez McNerney Dreier E. Stutzman Carney Hanabusa Michaud Duffy Mack Sullivan The Acting CHAIR. A recorded vote Carson (IN) Hastings (FL) Miller (NC) Duncan (SC) Manzullo Terry has been demanded. Castor (FL) Heinrich Miller, George Duncan (TN) Marchant Thompson (PA) A recorded vote was ordered. Chabot Higgins Moore Ellmers Marino Thornberry The Acting CHAIR. This will be a 2- Chandler Himes Moran Emerson McCarthy (CA) Tiberi Chu Hinchey Murphy (CT) Farenthold McCaul Tipton minute vote. Cicilline Hinojosa Nadler Fincher McClintock Turner The vote was taken by electronic de- Clarke (MI) Hirono Napolitano Fitzpatrick McCotter Upton vice, and there were—ayes 184, noes 240, Clarke (NY) Holt Neal Flake McHenry Walberg Clay Honda Owens Fleischmann McIntyre Walden not voting 8, as follows: Cleaver Hoyer Pallone Fleming McKeon Walsh (IL) [Roll No. 236] Clyburn Inslee Pascrell Flores McKinley Webster AYES—184 Cohen Israel Pastor (AZ) Forbes McMorris West Connolly (VA) Jackson (IL) Payne Fortenberry Rodgers Westmoreland Ackerman Bishop (NY) Carney Conyers Jackson Lee Pelosi Foxx Meehan Whitfield Altmire Blumenauer Carson (IN) Cooper (TX) Perlmutter Franks (AZ) Mica Wilson (SC) Andrews Boswell Castor (FL) Courtney Johnson (GA) Peters Gallegly Miller (FL) Wittman Baca Brady (PA) Chandler Crowley Johnson, E. B. Poe (TX) Gardner Miller (MI) Wolf Baldwin Braley (IA) Chu Cuellar Kaptur Polis Garrett Miller, Gary Womack Barrow Brown (FL) Cicilline Cummings Keating Price (NC) Gerlach Mulvaney Woodall Bass (CA) Butterfield Clarke (MI) Davis (CA) Kildee Quigley Gibbs Murphy (PA) Yoder Becerra Capps Clarke (NY) Davis (IL) Kind Rahall Gibson Myrick Young (AK) Berkley Capuano Clay DeFazio Kissell Reichert Gingrey (GA) Neugebauer Young (FL) Berman Cardoza Cleaver DeGette Kucinich Reyes Gohmert Noem Young (IN) Bishop (GA) Carnahan Clyburn

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2388 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Cohen Jackson Lee Reichert Lungren, Daniel Pitts Sessions Doyle Lee (CA) Ruppersberger Connolly (VA) (TX) Reyes E. Platts Shimkus Edwards Levin Rush Conyers Johnson (GA) Richardson Mack Poe (TX) Shuster Ellison Lewis (GA) Ryan (OH) Cooper Johnson, E. B. Richmond Manzullo Pompeo Simpson Engel Lipinski Sa´ nchez, Linda Costa Kaptur Ross (AR) Marchant Posey Smith (NE) Eshoo Loebsack T. Costello Keating Rothman (NJ) Marino Price (GA) Smith (NJ) Farr Lofgren, Zoe Sarbanes Courtney Kildee Roybal-Allard McCarthy (CA) Quayle Smith (TX) Fattah Lowey Schakowsky ´ Critz Kind Ruppersberger McCaul Rahall Southerland Filner Lujan Schiff Crowley Kissell Rush McClintock Reed Stearns Frank (MA) Lynch Schwartz Cuellar Kucinich Ryan (OH) McCotter Rehberg Stivers Fudge Maloney Scott (VA) McHenry Renacci Garamendi Markey Scott, David Cummings Langevin Sa´ nchez, Linda Stutzman McKeon Ribble Gonzalez Matsui Serrano Davis (CA) Larsen (WA) T. Sullivan Davis (IL) Larson (CT) McKinley Rigell Green, Al McCarthy (NY) Sewell Sarbanes Terry DeFazio Lee (CA) McMorris Rivera Grijalva McCollum Sherman Schakowsky Thompson (PA) Rodgers Roby Gutierrez McDermott Shuler DeGette Levin Thornberry Schiff Meehan Roe (TN) Hanabusa McGovern Sires DeLauro Lewis (GA) Tiberi Deutch Lipinski Schrader Mica Rogers (AL) Hastings (FL) McNerney Slaughter Tipton Dicks Loebsack Schwartz Miller (FL) Rogers (KY) Heinrich Michaud Smith (WA) Turner Dingell Lofgren, Zoe Scott (VA) Miller (MI) Rogers (MI) Higgins Miller (NC) Speier Upton Doggett Lowey Scott, David Miller, Gary Rohrabacher Himes Miller, George Stark Walberg Donnelly (IN) Luja´ n Serrano Mulvaney Rokita Hinchey Moore Sutton Walden Doyle Lynch Sewell Murphy (PA) Rooney Hinojosa Moran Thompson (CA) Edwards Maloney Sherman Myrick Ros-Lehtinen Walsh (IL) Hirono Murphy (CT) Thompson (MS) Ellison Markey Shuler Neugebauer Roskam Webster Holt Nadler Tierney Engel Matheson Sires Noem Ross (FL) West Honda Napolitano Tonko Eshoo Matsui Slaughter Nugent Royce Westmoreland Hoyer Neal Towns Farr McCarthy (NY) Smith (WA) Nunes Runyan Whitfield Inslee Owens Tsongas Fattah McCollum Speier Nunnelee Ryan (WI) Wilson (SC) Israel Pallone Van Hollen Filner McDermott Stark Olson Scalise Wittman Jackson (IL) Pascrell Vela´ zquez Frank (MA) McGovern Sutton Palazzo Schilling Wolf Jackson Lee Pastor (AZ) Visclosky Fudge McIntyre Thompson (CA) Paul Schmidt Womack (TX) Payne Walz (MN) Garamendi McNerney Thompson (MS) Paulsen Schock Woodall Johnson (GA) Pelosi Wasserman Gonzalez Michaud Tierney Pearce Schweikert Yoder Johnson, E. B. Perlmutter Schultz Green, Al Miller (NC) Tonko Pence Scott (SC) Young (AK) Kaptur Peters Waters Young (FL) Green, Gene Miller, George Towns Peterson Scott, Austin Keating Polis Watt Petri Sensenbrenner Young (IN) Kildee Price (NC) Waxman Grijalva Moore Tsongas Gutierrez Moran Kind Quigley Weiner Van Hollen Hanabusa Murphy (CT) NOT VOTING—8 Kissell Reyes Welch Vela´ zquez Hastings (FL) Nadler Frelinghuysen Meeks Rangel Kucinich Richardson Wilson (FL) Visclosky Heinrich Napolitano Giffords Olver Sanchez, Loretta Langevin Richmond Woolsey Walz (MN) Higgins Neal Latham Pingree (ME) Larsen (WA) Rothman (NJ) Wu Himes Owens Wasserman Larson (CT) Roybal-Allard Yarmuth Hinchey Pallone Schultz ANNOUNCEMENT BY THE ACTING CHAIR Hinojosa Pascrell Waters The Acting CHAIR (during the vote). NOES—257 Watt Hirono Pastor (AZ) There is 1 minute remaining on this Adams Critz Heller Holden Payne Waxman Aderholt Cuellar Hensarling Holt Pelosi Weiner vote. Akin Culberson Herger Honda Perlmutter Welch Alexander Davis (KY) Herrera Beutler Wilson (FL) Hoyer Peters b 1857 Altmire Denham Holden Inslee Polis Woolsey Amash Dent Huelskamp Israel Price (NC) Wu So the amendment was rejected. Austria DesJarlais Huizenga (MI) Jackson (IL) Quigley Yarmuth The result of the vote was announced Bachmann Diaz-Balart Hultgren Bachus Dold Hunter NOES—240 as above recorded. Barletta Donnelly (IN) Hurt Barrow Dreier Issa Adams Conaway Guinta AMENDMENT NO. 8 OFFERED BY MR. POLIS Bartlett Duffy Jenkins Aderholt Cravaack Guthrie The Acting CHAIR. The unfinished Barton (TX) Duncan (SC) Johnson (IL) Akin Crawford Hall business is the demand for a recorded Bass (NH) Duncan (TN) Johnson (OH) Alexander Crenshaw Hanna Benishek Ellmers Johnson, Sam Amash Culberson Harper vote on the amendment offered by the Berg Emerson Jones Austria Davis (KY) Harris gentleman from Colorado (Mr. POLIS) Biggert Farenthold Jordan Bachmann Denham Hartzler on which further proceedings were Bilbray Fincher Kelly Bachus Dent Hastings (WA) postponed and on which the noes pre- Bilirakis Fitzpatrick King (IA) Barletta DesJarlais Hayworth Bishop (UT) Flake King (NY) Bartlett Diaz-Balart Heck vailed by voice vote. Black Fleischmann Kingston Barton (TX) Dold Heller The Clerk will redesignate the Blackburn Fleming Kinzinger (IL) Bass (NH) Dreier Hensarling amendment. Bonner Flores Kline Benishek Duffy Herger Bono Mack Forbes Labrador Berg Duncan (SC) Herrera Beutler The Clerk redesignated the amend- Boren Fortenberry Lamborn Biggert Duncan (TN) Huelskamp ment. Boswell Foxx Lance Bilbray Ellmers Huizenga (MI) RECORDED VOTE Boustany Franks (AZ) Landry Bilirakis Emerson Hultgren Brady (TX) Gallegly Lankford Bishop (UT) Farenthold Hunter The Acting CHAIR. A recorded vote Brooks Gardner Latham Black Fincher Hurt has been demanded. Broun (GA) Garrett LaTourette Blackburn Fitzpatrick Issa A recorded vote was ordered. Buchanan Gerlach Latta Bonner Flake Jenkins Bucshon Gibbs Lewis (CA) Bono Mack Fleischmann Johnson (IL) The Acting CHAIR. This will be a 2- Buerkle Gibson LoBiondo Boren Fleming Johnson (OH) minute vote. Burgess Gingrey (GA) Long Boustany Flores Johnson, Sam The vote was taken by electronic de- Burton (IN) Gohmert Lucas Brady (TX) Forbes Jones vice, and there were—ayes 168, noes 257, Calvert Goodlatte Luetkemeyer Brooks Fortenberry Jordan Camp Gosar Lummis Broun (GA) Foxx Kelly not voting 7, as follows: Campbell Gowdy Lungren, Daniel Buchanan Franks (AZ) King (IA) [Roll No. 237] Canseco Granger E. Bucshon Gallegly King (NY) Cantor Graves (GA) Mack Buerkle Gardner Kingston AYES—168 Capito Graves (MO) Manzullo Burgess Garrett Kinzinger (IL) Ackerman Capps Connolly (VA) Cardoza Green, Gene Marchant Burton (IN) Gerlach Kline Andrews Capuano Conyers Carter Griffin (AR) Marino Calvert Gibbs Labrador Baca Carnahan Cooper Cassidy Griffith (VA) Matheson Camp Gibson Lamborn Baldwin Carney Courtney Chabot Grimm McCarthy (CA) Campbell Gingrey (GA) Lance Bass (CA) Carson (IN) Crowley Chaffetz Guinta McCaul Canseco Gohmert Landry Becerra Castor (FL) Cummings Chandler Guthrie McClintock Cantor Goodlatte Lankford Berkley Chu Davis (CA) Coble Hall McCotter Capito Gosar LaTourette Berman Cicilline Davis (IL) Cole Hanna McHenry Carter Gowdy Latta Bishop (GA) Clarke (MI) DeFazio Conaway Harper McIntyre Cassidy Granger Lewis (CA) Bishop (NY) Clarke (NY) DeGette Costa Harris McKeon Chabot Graves (GA) LoBiondo Blumenauer Clay DeLauro Costello Hartzler McKinley Chaffetz Graves (MO) Long Brady (PA) Cleaver Deutch Cravaack Hastings (WA) McMorris Coble Griffin (AR) Lucas Braley (IA) Clyburn Dicks Crawford Hayworth Rodgers Coffman (CO) Griffith (VA) Luetkemeyer Brown (FL) Coffman (CO) Dingell Crenshaw Heck Meehan Cole Grimm Lummis Butterfield Cohen Doggett

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2389 Mica Ribble Smith (NJ) Doyle Lipinski Ryan (OH) Miller (MI) Ribble Smith (NE) Miller (FL) Rigell Smith (TX) Edwards Loebsack Sa´ nchez, Linda Miller, Gary Rigell Smith (NJ) Miller (MI) Rivera Southerland Ellison Lofgren, Zoe T. Mulvaney Rivera Smith (TX) Miller, Gary Roby Stearns Engel Lowey Sarbanes Murphy (PA) Roby Southerland Mulvaney Roe (TN) Stivers Eshoo Luja´ n Schakowsky Myrick Roe (TN) Stearns Murphy (PA) Rogers (AL) Stutzman Farr Lynch Schiff Neugebauer Rogers (AL) Stivers Myrick Rogers (KY) Sullivan Fattah Maloney Schwartz Noem Rogers (KY) Stutzman Neugebauer Rogers (MI) Terry Filner Markey Scott (VA) Nugent Rogers (MI) Sullivan Noem Rohrabacher Nunes Rohrabacher Thompson (PA) Frank (MA) Matsui Scott, David Terry Nugent Rokita Fudge McCarthy (NY) Nunnelee Rokita Thornberry Serrano Thompson (PA) Nunes Rooney Garamendi McCollum Olson Rooney Tiberi Sewell Thornberry Nunnelee Ros-Lehtinen Green, Al McDermott Palazzo Ros-Lehtinen Tipton Sherman Tiberi Olson Roskam Grijalva McGovern Paul Roskam Sires Tipton Palazzo Ross (AR) Turner Hanabusa McNerney Paulsen Ross (AR) Slaughter Turner Paul Ross (FL) Upton Hastings (FL) Michaud Pearce Ross (FL) Smith (WA) Upton Paulsen Royce Walberg Heinrich Miller (NC) Pence Royce Speier Walberg Pearce Runyan Walden Higgins Miller, George Peters Runyan Stark Walden Pence Ryan (WI) Walsh (IL) Himes Moore Peterson Ryan (WI) Sutton Peterson Scalise Webster Hinchey Moran Petri Scalise Walsh (IL) Thompson (CA) Petri Schilling West Hinojosa Murphy (CT) Pitts Schilling Webster Thompson (MS) Pitts Schmidt Westmoreland Hirono Nadler Platts Schmidt West Tierney Platts Schock Whitfield Holt Napolitano Poe (TX) Schock Westmoreland Tonko Whitfield Poe (TX) Schrader Wilson (SC) Honda Neal Pompeo Schrader Towns Wilson (SC) Pompeo Schweikert Wittman Hoyer Owens Posey Schweikert Tsongas Wittman Posey Scott (SC) Wolf Inslee Pallone Price (GA) Scott (SC) Van Hollen Wolf Price (GA) Scott, Austin Womack Israel Pascrell Quayle Scott, Austin Quayle Vela´ zquez Womack Sensenbrenner Woodall Jackson (IL) Pastor (AZ) Rahall Sensenbrenner Rahall Sessions Visclosky Reed Sessions Woodall Yoder Johnson (GA) Payne Reed Shimkus Johnson, E. B. Pelosi Walz (MN) Rehberg Shimkus Yoder Young (AK) Rehberg Shuster Kaptur Perlmutter Wasserman Reichert Shuler Young (AK) Young (FL) Reichert Simpson Keating Polis Schultz Renacci Shuster Young (FL) Renacci Smith (NE) Young (IN) Kind Price (NC) Waters Reyes Simpson Young (IN) Kissell Quigley Watt NOT VOTING—7 Kucinich Richardson Waxman NOT VOTING—10 Frelinghuysen Olver Sanchez, Loretta Langevin Richmond Weiner Akin Meeks Sanchez, Loretta Giffords Pingree (ME) Larsen (WA) Rothman (NJ) Welch Frelinghuysen Olver Wilson (FL) Meeks Rangel Larson (CT) Roybal-Allard Woolsey Giffords Pingree (ME) Lee (CA) Ruppersberger Wu Gutierrez Rangel ANNOUNCEMENT BY THE ACTING CHAIR Lewis (GA) Rush Yarmuth The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining in the NOES—266 The Acting CHAIR (during the vote). vote. Adams Culberson Herrera Beutler There is 1 minute remaining in the Aderholt Davis (KY) Holden vote. Alexander Denham Huelskamp b 1902 Altmire Dent Huizenga (MI) b 1905 So the amendment was rejected. Amash DesJarlais Hultgren Austria Diaz-Balart Hunter So the amendment was rejected. The result of the vote was announced Baca Dingell Hurt The result of the vote was announced as above recorded. Bachmann Dold Issa as above recorded. Stated against: Bachus Donnelly (IN) Jackson Lee AMENDMENT NO. 10 OFFERED BY MR. RUSH Mr. COFFMAN of Colorado. Mr. Chair, on Barletta Dreier (TX) Barrow Duffy Jenkins The Acting CHAIR. The unfinished rollcall No. 237 I inadvertently voted ‘‘yea’’ Bartlett Duncan (SC) Johnson (IL) business is the demand for a recorded when I intended to vote ‘‘nay.’’ Barton (TX) Duncan (TN) Johnson (OH) Bass (NH) Ellmers Johnson, Sam vote on the amendment offered by the AMENDMENT NO. 9 OFFERED BY MR. MARKEY Benishek Emerson Jones gentleman from Illinois (Mr. RUSH) on The Acting CHAIR. The unfinished Berg Farenthold Jordan which further proceedings were post- business is the demand for a recorded Biggert Fincher Kelly Bilbray Fitzpatrick Kildee poned and on which the noes prevailed vote on the amendment offered by the Bilirakis Flake King (IA) by voice vote. gentleman from Massachusetts (Mr. Bishop (GA) Fleischmann King (NY) The Clerk will redesignate the MARKEY) on which further proceedings Bishop (UT) Fleming Kingston amendment. were postponed and on which the noes Black Flores Kinzinger (IL) Blackburn Forbes Kline The Clerk redesignated the amend- prevailed by voice vote. Bonner Fortenberry Labrador ment. The Clerk will redesignate the Bono Mack Foxx Lamborn RECORDED VOTE amendment. Boren Franks (AZ) Lance Boustany Gallegly Landry The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Brady (TX) Gardner Lankford ment. has been demanded. Brooks Garrett Latham A recorded vote was ordered. RECORDED VOTE Broun (GA) Gerlach LaTourette Buchanan Gibbs Latta The Acting CHAIR. This will be a 2- The Acting CHAIR. A recorded vote Bucshon Gibson Levin minute vote. has been demanded. Buerkle Gingrey (GA) Lewis (CA) The vote was taken by electronic de- A recorded vote was ordered. Burgess Gohmert LoBiondo Burton (IN) Gonzalez Long vice, and there were—ayes 165, noes 260, The Acting CHAIR. This will be a 2- Calvert Goodlatte Lucas not voting 7, as follows: minute vote. Camp Gosar Luetkemeyer [Roll No. 239] The vote was taken by electronic de- Campbell Gowdy Lummis vice, and there were—ayes 156, noes 266, Canseco Granger Lungren, Daniel AYES—165 Cantor Graves (GA) E. not voting 10, as follows: Ackerman Carnahan Davis (CA) Capito Graves (MO) Mack Andrews Carney Davis (IL) [Roll No. 238] Cardoza Green, Gene Manzullo Baca Carson (IN) DeFazio Carter Griffin (AR) Marchant AYES—156 Baldwin Castor (FL) DeGette Cassidy Griffith (VA) Marino Bass (CA) Chu DeLauro Ackerman Capps Connolly (VA) Chabot Grimm Matheson Becerra Cicilline Deutch Andrews Capuano Conyers Chaffetz Guinta McCarthy (CA) Berkley Clarke (MI) Dicks Baldwin Carnahan Cooper Chandler Guthrie McCaul Berman Clarke (NY) Dingell Bass (CA) Carney Courtney Coble Hall McClintock Bishop (GA) Clay Doggett Becerra Carson (IN) Crowley Coffman (CO) Hanna McCotter Bishop (NY) Cleaver Doyle Berkley Castor (FL) Cummings Cole Harper McHenry Blumenauer Clyburn Edwards Berman Chu Davis (CA) Conaway Harris McIntyre Boswell Cohen Ellison Bishop (NY) Cicilline Davis (IL) Costa Hartzler McKeon Brady (PA) Connolly (VA) Engel Blumenauer Clarke (MI) DeFazio Costello Hastings (WA) McKinley Braley (IA) Conyers Eshoo Boswell Clarke (NY) DeGette Cravaack Hayworth McMorris Brown (FL) Cooper Farr Brady (PA) Clay DeLauro Crawford Heck Rodgers Butterfield Courtney Fattah Braley (IA) Cleaver Deutch Crenshaw Heller Meehan Capps Crowley Filner Brown (FL) Clyburn Dicks Critz Hensarling Mica Capuano Cummings Frank (MA) Butterfield Cohen Doggett Cuellar Herger Miller (FL)

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2390 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Fudge Luja´ n Schakowsky Noem Roe (TN) Southerland Grijalva Maloney Sarbanes Garamendi Lynch Schiff Nugent Rogers (AL) Stearns Gutierrez Markey Schiff Gonzalez Maloney Schwartz Nunes Rogers (KY) Stivers Hanabusa Matheson Schrader Green, Al Markey Scott (VA) Nunnelee Rogers (MI) Stutzman Harris Matsui Schwartz Grijalva Matsui Scott, David Olson Rohrabacher Sullivan Hastings (FL) McCarthy (NY) Scott (VA) Gutierrez McCarthy (NY) Serrano Owens Rokita Terry Heinrich McCollum Scott, David Hanabusa McCollum Sewell Palazzo Rooney Thompson (PA) Higgins McGovern Serrano Hastings (FL) McDermott Sherman Paul Ros-Lehtinen Thornberry Himes McIntyre Sewell Paulsen Roskam Hinchey McNerney Heinrich McGovern Shuler Tiberi Sherman Higgins McNerney Pearce Ross (AR) Hinojosa Michaud Sires Tipton Shuler Himes Michaud Pence Ross (FL) Hirono Miller (NC) Slaughter Turner Sires Hinchey Miller (NC) Peterson Royce Holt Miller, George Smith (WA) Upton Slaughter Hinojosa Miller, George Petri Runyan Hoyer Moore Smith (WA) Hirono Moore Speier Pitts Ryan (WI) Walberg Inslee Murphy (CT) Stark Walden Speier Holt Moran Platts Scalise Israel Nadler Stark Sutton Walsh (IL) Jackson (IL) Napolitano Honda Murphy (CT) Poe (TX) Schilling Sutton Thompson (CA) Pompeo Schmidt Webster Jackson Lee Neal Hoyer Nadler Thompson (CA) Inslee Napolitano Thompson (MS) Posey Schock West (TX) Owens Thompson (MS) Israel Neal Tierney Price (GA) Schrader Westmoreland Johnson (GA) Pallone Tierney Jackson (IL) Pallone Tonko Quayle Schweikert Whitfield Johnson, E. B. Pascrell Tonko Jackson Lee Pascrell Towns Rahall Scott (SC) Wilson (SC) Kaptur Pastor (AZ) Towns (TX) Pastor (AZ) Tsongas Reed Scott, Austin Wittman Keating Payne Tsongas Johnson (GA) Payne Van Hollen Rehberg Sensenbrenner Wolf Kildee Pelosi Johnson, E. B. Pelosi Reichert Sessions Kind Perlmutter Van Hollen Vela´ zquez Womack ´ Kaptur Perlmutter Renacci Shimkus Kissell Peters Velazquez Visclosky Woodall Visclosky Keating Peters Walz (MN) Ribble Shuster Yoder Kucinich Polis Richmond Langevin Price (NC) Walz (MN) Kildee Polis Wasserman Simpson Young (AK) Kind Price (NC) Rigell Smith (NE) Larsen (WA) Quigley Wasserman Schultz Young (FL) Kissell Quigley Rivera Smith (NJ) Larson (CT) Reyes Schultz Waters Young (IN) Kucinich Reyes Roby Smith (TX) Lee (CA) Richardson Waters Watt Langevin Richardson Levin Ross (AR) Watt Larson (CT) Rothman (NJ) Waxman NOT VOTING—7 Lewis (GA) Rothman (NJ) Waxman Lee (CA) Roybal-Allard Weiner Frelinghuysen Olver Sanchez, Loretta Lipinski Roybal-Allard Weiner Levin Ruppersberger Welch Giffords Pingree (ME) Loebsack Ruppersberger Welch Lewis (GA) Rush Wilson (FL) Meeks Rangel Lofgren, Zoe Rush Wilson (FL) Lipinski Ryan (OH) Woolsey Lowey Ryan (OH) Woolsey Loebsack Sa´ nchez, Linda Wu ANNOUNCEMENT BY THE ACTING CHAIR Luja´ n Sa´ nchez, Linda Wu Lofgren, Zoe T. Yarmuth The Acting CHAIR (during the vote). Lynch T. Yarmuth Lowey Sarbanes There is 1 minute remaining in this NOES—250 NOES—260 vote. Adams Dold Jones Aderholt Dreier Jordan Adams Davis (KY) Huizenga (MI) Akin Duffy Kelly Aderholt Denham Hultgren b 1909 Alexander Duncan (SC) King (IA) Akin Dent Hunter Altmire Duncan (TN) King (NY) Alexander DesJarlais Hurt So the amendment was rejected. Amash Ellmers Kingston Altmire Diaz-Balart Issa The result of the vote was announced Austria Emerson Kinzinger (IL) Amash Dold Jenkins as above recorded. Bachmann Farenthold Kline Austria Donnelly (IN) Johnson (IL) Bachus Fincher Labrador Bachmann Dreier Johnson (OH) AMENDMENT NO. 11 OFFERED BY MR. DOYLE Barletta Fitzpatrick Lamborn Bachus Duffy Johnson, Sam The Acting CHAIR. The unfinished Bartlett Flake Lance Barletta Duncan (SC) Jones business is the demand for a recorded Barton (TX) Fleischmann Landry Barrow Duncan (TN) Jordan Bass (NH) Fleming Lankford Bartlett Ellmers Kelly vote on the amendment offered by the Benishek Flores Latham Barton (TX) Emerson King (IA) gentleman from Pennsylvania (Mr. Berg Forbes LaTourette Bass (NH) Farenthold King (NY) DOYLE) on which further proceedings Biggert Fortenberry Latta Benishek Fincher Kingston were postponed and on which the noes Bilbray Foxx Lewis (CA) Berg Fitzpatrick Kinzinger (IL) Bilirakis Franks (AZ) LoBiondo Biggert Flake Kline prevailed by voice vote. Bishop (UT) Gallegly Long Bilbray Fleischmann Labrador The Clerk will redesignate the Black Gardner Lucas Bilirakis Fleming Lamborn amendment. Blackburn Garrett Luetkemeyer Bishop (UT) Flores Lance Blumenauer Gerlach Lummis Black Forbes Landry The Clerk redesignated the amend- Bonner Gibbs Lungren, Daniel Blackburn Fortenberry Lankford ment. Bono Mack Gibson E. Bonner Foxx Larsen (WA) RECORDED VOTE Boren Gingrey (GA) Mack Bono Mack Franks (AZ) Latham Boustany Goodlatte Manzullo Boren Gallegly LaTourette The Acting CHAIR. A recorded vote Brooks Gosar Marchant Boustany Gardner Latta has been demanded. Broun (GA) Gowdy Marino Brady (TX) Garrett Lewis (CA) A recorded vote was ordered. Buchanan Granger McCarthy (CA) Brooks Gerlach LoBiondo Bucshon Graves (GA) McCaul Broun (GA) Gibbs Long The Acting CHAIR. This will be a 2- Buerkle Graves (MO) McClintock Buchanan Gibson Lucas minute vote. Burgess Griffin (AR) McCotter Bucshon Gingrey (GA) Luetkemeyer The vote was taken by electronic de- Burton (IN) Griffith (VA) McDermott Buerkle Gohmert Lummis vice, and there were—ayes 173, noes 250, Calvert Grimm McHenry Burgess Goodlatte Lungren, Daniel Camp Guinta McKeon Burton (IN) Gosar E. not voting 9, as follows: Campbell Guthrie McKinley Calvert Gowdy Mack [Roll No. 240] Canseco Hall McMorris Camp Granger Manzullo Cantor Hanna Rodgers Campbell Graves (GA) Marchant AYES—173 Capito Harper Meehan Canseco Graves (MO) Marino Ackerman Carson (IN) DeFazio Carter Hartzler Mica Cantor Green, Gene Matheson Andrews Castor (FL) DeGette Cassidy Hastings (WA) Miller (FL) Capito Griffin (AR) McCarthy (CA) Baca Chandler DeLauro Chabot Hayworth Miller (MI) Cardoza Griffith (VA) McCaul Baldwin Chu Deutch Chaffetz Heck Miller, Gary Carter Grimm McClintock Barrow Cicilline Dicks Coble Heller Moran Cassidy Guinta McCotter Bass (CA) Clarke (MI) Dingell Coffman (CO) Hensarling Mulvaney Chabot Guthrie McHenry Becerra Clarke (NY) Donnelly (IN) Cole Herger Murphy (PA) Chaffetz Hall McIntyre Berkley Clay Doyle Conaway Herrera Beutler Myrick Chandler Hanna McKeon Berman Cleaver Edwards Costello Holden Neugebauer Coble Harper McKinley Bishop (GA) Clyburn Ellison Cravaack Honda Noem Coffman (CO) Harris McMorris Bishop (NY) Cohen Engel Crawford Huelskamp Nugent Cole Hartzler Rodgers Boswell Connolly (VA) Eshoo Crenshaw Huizenga (MI) Nunes Conaway Hastings (WA) Meehan Brady (PA) Conyers Farr Critz Hultgren Nunnelee Costa Hayworth Mica Braley (IA) Cooper Fattah Culberson Hunter Olson Costello Heck Miller (FL) Brown (FL) Costa Filner Davis (KY) Hurt Palazzo Cravaack Heller Miller (MI) Butterfield Courtney Frank (MA) Denham Issa Paul Crawford Hensarling Miller, Gary Capps Crowley Fudge Dent Jenkins Paulsen Crenshaw Herger Mulvaney Capuano Cuellar Garamendi DesJarlais Johnson (IL) Pearce Critz Herrera Beutler Murphy (PA) Cardoza Cummings Gonzalez Diaz-Balart Johnson (OH) Pence Cuellar Holden Myrick Carnahan Davis (CA) Green, Al Doggett Johnson, Sam Peterson Culberson Huelskamp Neugebauer Carney Davis (IL) Green, Gene

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2391 Petri Ros-Lehtinen Stutzman Johnson, E. B. Murphy (CT) Serrano Rehberg Schilling Tiberi Pitts Roskam Sullivan Kaptur Nadler Sewell Reichert Schmidt Tipton Platts Ross (FL) Terry Keating Napolitano Sherman Renacci Schock Turner Poe (TX) Royce Thompson (PA) Kildee Neal Shuler Ribble Schrader Upton Pompeo Runyan Thornberry Kind Owens Sires Rigell Schweikert Walberg Posey Ryan (WI) Tiberi Kucinich Pallone Slaughter Rivera Scott (SC) Walden Price (GA) Scalise Tipton Langevin Pascrell Smith (WA) Roby Scott, Austin Walsh (IL) Quayle Schakowsky Turner Larsen (WA) Pastor (AZ) Speier Roe (TN) Sensenbrenner Walz (MN) Rahall Schilling Upton Rogers (AL) Sessions Larson (CT) Payne Stark Waters Reed Schmidt Walberg Lee (CA) Pelosi Rogers (KY) Shimkus Sutton Webster Rehberg Schock Walden Levin Perlmutter Rogers (MI) Shuster Thompson (CA) West Reichert Schweikert Walsh (IL) Lewis (GA) Peters Rohrabacher Simpson Westmoreland Renacci Scott (SC) Webster Lipinski Petri Thompson (MS) Rokita Smith (NE) Whitfield Ribble Scott, Austin West Loebsack Polis Tierney Rooney Smith (NJ) Richmond Sensenbrenner Westmoreland Lofgren, Zoe Price (NC) Tonko Ros-Lehtinen Smith (TX) Wilson (SC) Rigell Sessions Whitfield Lowey Quigley Towns Roskam Southerland Wittman Rivera Shimkus Wilson (SC) Luja´ n Reyes Tsongas Ross (AR) Stearns Wolf Roby Shuster Wittman Lynch Richardson Van Hollen Ross (FL) Stivers Womack Roe (TN) Simpson Wolf Maloney Richmond Vela´ zquez Royce Stutzman Woodall Rogers (AL) Smith (NE) Womack Markey Rothman (NJ) Visclosky Runyan Sullivan Yoder Rogers (KY) Smith (NJ) Woodall Matsui Roybal-Allard Wasserman Ryan (WI) Terry Young (AK) Rogers (MI) Smith (TX) Yoder McCarthy (NY) Ruppersberger Schultz Scalise Thompson (PA) Young (FL) Rohrabacher Southerland Young (AK) McCollum Rush Watt Schakowsky Thornberry Young (IN) Rokita Stearns Young (FL) McDermott Ryan (OH) Waxman NOT VOTING—8 Rooney Stivers Young (IN) McGovern Sa´ nchez, Linda Weiner McNerney T. Dicks Meeks Rangel NOT VOTING—9 Welch Michaud Sarbanes Wilson (FL) Frelinghuysen Olver Sanchez, Loretta Miller (NC) Giffords Pingree (ME) Brady (TX) Gohmert Pingree (ME) Schiff Woolsey Frelinghuysen Meeks Rangel Miller, George Schwartz Wu ANNOUNCEMENT BY THE ACTING CHAIR Giffords Olver Sanchez, Loretta Moore Scott (VA) Yarmuth Moran Scott, David The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining in this The Acting CHAIR (during the vote). NOES—264 vote. There is 1 minute remaining in this Adams Donnelly (IN) King (IA) b 1917 vote. Aderholt Dreier King (NY) Akin Duffy Kingston Ms. WASSERMAN SCHULTZ b 1912 Alexander Duncan (SC) Kinzinger (IL) changed her vote from ‘‘no’’ to ‘‘aye.’’ Altmire Duncan (TN) Kissell Mr. CONYERS changed his vote from Amash Ellmers Kline So the amendment was rejected. ‘‘no’’ to ‘‘aye.’’ Austria Emerson Labrador The result of the vote was announced So the amendment was rejected. Bachmann Farenthold Lamborn as above recorded. Bachus Fincher Lance The Acting CHAIR. The question is The result of the vote was announced Barletta Fitzpatrick Landry on the committee amendment in the as above recorded. Barrow Flake Lankford Bartlett Fleischmann Latham nature of a substitute, as amended. AMENDMENT NO. 12 OFFERED BY MR. KIND Barton (TX) Fleming LaTourette The amendment was agreed to. The Acting CHAIR. The unfinished Bass (NH) Flores Latta The Acting CHAIR. Under the rule, business is the demand for a recorded Benishek Forbes Lewis (CA) the Committee rises. Berg Fortenberry LoBiondo vote on the amendment offered by the Biggert Foxx Long Accordingly, the Committee rose; gentleman from Wisconsin (Mr. KIND) Bilbray Franks (AZ) Lucas and the Speaker pro tempore (Mr. RI- on which further proceedings were Bilirakis Gallegly Luetkemeyer VERA) having assumed the chair, Mr. postponed and on which the noes pre- Bishop (UT) Gardner Lummis WESTMORELAND, Acting Chair of the Black Garrett Lungren, Daniel vailed by voice vote. Blackburn Gerlach E. Committee of the Whole House on the The Clerk will redesignate the Bonner Gibbs Mack state of the Union, reported that that amendment. Bono Mack Gibson Manzullo Committee, having had under consider- Boren Gingrey (GA) Marchant The Clerk redesignated the amend- Boswell Gohmert Marino ation the bill (H.R. 910) to amend the ment. Boustany Goodlatte Matheson Clean Air Act to prohibit the Adminis- RECORDED VOTE Brady (TX) Gosar McCarthy (CA) trator of the Environmental Protection Brooks Gowdy McCaul Agency from promulgating any regula- The Acting CHAIR. A recorded vote Broun (GA) Granger McClintock has been demanded. Buchanan Graves (GA) McCotter tion concerning, taking action relating A recorded vote was ordered. Bucshon Graves (MO) McHenry to, or taking into consideration the Buerkle Green, Gene McIntyre emission of a greenhouse gas to address The Acting CHAIR. This is a 2- Burgess Griffin (AR) McKeon minute vote. Burton (IN) Griffith (VA) McKinley climate change, and for other purposes, The vote was taken by electronic de- Butterfield Grimm McMorris and, pursuant to House Resolution 203, vice, and there were—ayes 160, noes 264, Calvert Guinta Rodgers reported the bill back to the House Camp Guthrie Meehan with an amendment adopted in the not voting 8, as follows: Campbell Gutierrez Mica [Roll No. 241] Canseco Hall Miller (FL) Committee of the Whole. Cantor Hanna Miller (MI) The SPEAKER pro tempore. Under AYES—160 Capito Harper Miller, Gary the rule, the previous question is or- Ackerman Clarke (NY) Fattah Carter Harris Mulvaney dered. Andrews Clay Filner Cassidy Hartzler Murphy (PA) Baca Cleaver Frank (MA) Chabot Hastings (WA) Myrick Is a separate vote demanded on any Baldwin Clyburn Fudge Chaffetz Hayworth Neugebauer amendment to the amendment re- Bass (CA) Cohen Garamendi Chandler Heck Noem ported from the Committee of the Becerra Connolly (VA) Gonzalez Coble Heller Nugent Berkley Conyers Green, Al Coffman (CO) Hensarling Nunes Whole? Berman Cooper Grijalva Cole Herger Nunnelee If not, the question is on the com- Bishop (GA) Costa Hanabusa Conaway Herrera Beutler Olson mittee amendment in the nature of a Bishop (NY) Courtney Hastings (FL) Costello Holden Palazzo substitute, as amended. Blumenauer Crowley Heinrich Cravaack Holt Paul The amendment was agreed to. Brady (PA) Cummings Higgins Crawford Huelskamp Paulsen Braley (IA) Davis (CA) Himes Crenshaw Huizenga (MI) Pearce The SPEAKER pro tempore. The Brown (FL) Davis (IL) Hinchey Critz Hultgren Pence question is on the engrossment and Capps DeGette Hinojosa Cuellar Hunter Peterson third reading of the bill. Capuano DeLauro Hirono Culberson Hurt Pitts The bill was ordered to be engrossed Cardoza Deutch Honda Davis (KY) Issa Platts Carnahan Dingell Hoyer DeFazio Jenkins Poe (TX) and read a third time, and was read the Carney Doyle Inslee Denham Johnson (IL) Pompeo third time. Carson (IN) Edwards Israel Dent Johnson (OH) Posey The SPEAKER pro tempore. Pursu- Castor (FL) Ellison Jackson (IL) DesJarlais Johnson, Sam Price (GA) ant to clause 1(c) of rule XIX, further Chu Engel Jackson Lee Diaz-Balart Jones Quayle Cicilline Eshoo (TX) Doggett Jordan Rahall proceedings on this bill will be post- Clarke (MI) Farr Johnson (GA) Dold Kelly Reed poned.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2392 CONGRESSIONAL RECORD — HOUSE April 6, 2011 HOUR OF MEETING ON TOMORROW class people to give huge tax breaks to priated funds that are available for the Mr. CRENSHAW. Mr. Speaker, I ask the rich. operation of the government. unanimous consent that when the You know, Mr. Speaker, you can fool There’s already the blame game House adjourns today, it adjourn to some of the people some of the time, going on up here. This blame game is meet at 10 a.m. tomorrow. but you can’t fool all of the people all confusing to most Americans, so I The SPEAKER pro tempore. Is there of the time. The American people will think it’s kind of important that we objection to the request of the gen- wake up. start off by trying to explain what’s tleman from Florida? f going on up here. I’m going to give you a quick synopsis of what I think has There was no objection. THE GOLDSTONE REPORT IS A LIE gone on recently. f (Mr. ENGEL asked and was given Let’s start off with the fact that the b 1920 permission to address the House for 1 Republicans fully funded the troops minute and to revise and extend his re- H. RES. 187, NATIONAL PUBLIC and the rest of the Federal Government marks.) HEALTH WEEK RESOLUTION through FY 2011, which would be the Mr. ENGEL. Mr. Speaker, about a 1st of October of this year, with H.R. 1 (Ms. ROYBAL-ALLARD asked and year ago, the United Nations passed in March. The Democrats refused that was given permission to address the the infamous Goldstone Report. submission. The Republicans are ready House for 1 minute and to revise and Thankfully, this Congress on the floor again this week with a submission, extend her remarks.) of the House had a debate, and we re- that we will do today, to fully fund our Ms. ROYBAL-ALLARD. Mr. Speaker, jected the Goldstone Report. troops through FY 2011, and we’re the first week of April is National Pub- Well, guess what happened last week? ready to come back next week to de- lic Health Week. Judge Goldstone said that his report bate the rest of the budget. It seems This year’s theme, ‘‘Safety is No Ac- was erroneous. What did the Goldstone we’re hearing a message that the cident: Live Injury-Free,’’ highlights Report say? The Goldstone Report said Democrats will refuse. The House and the fact that, each year, nearly 30 mil- that Israel deliberately targeted civil- Senate Republicans have a bill, H.R. lion people in our country are injured ians in Gaza. 1297, that simply guarantees that our severely enough to require emergency That has now been proven not to be troops get their pay without any budg- room treatment. Of those injured, true. Of course, the people in the U.N. et agreement. So far, the Democrats 150,000 die from these unintentional who bash Israel all the time will con- have refused. That’s a bill that was put and often preventable injuries, which tinue to pretend that Judge Goldstone together by Congressman LOUIE are ranked among the top 10 causes of didn’t repudiate his own report, but the GOHMERT and Congressman JACK KING- death of those between the ages of 1 fact of the matter is he did. STON. and 44. In addition to the devastating The truth is that it is Hamas, the So I guess we can say that—or I impact on families and communities, terrorist group, that took over the would at least offer this as a submis- these injuries account for 12 percent of Gaza Strip. They target Israeli civil- sion—it seems that the Democrats annual medical spending in the United ians all the time. Israel tries to protect want to hold our fighting men and States, totaling as much as $65 billion its own citizens in going and destroy- women’s pay hostage so that they can each year. ing the terrorist nests, but the terror- continue their runaway Federal spend- These statistics highlight a critical ists of Hamas build their nests and ing, because, really, the debate here in public health challenge for the 21st their rockets and their munitions in this House today and in the Senate, century. For that reason, I introduced heavily populated areas. So, if civilians which is down the way from us, is: H. Res. 187, which recognizes the first die, it is their fault. Are we going to continue to spend week of April as National Public The Goldstone Report is a lie. The like drunken sailors, as usual, or are Health Week, and it calls on all Ameri- United Nations should kill it once and we going to take a hard look at what cans to take a proactive approach to for all, and we should be leading the this government is doing, and are we addressing injuries in our country. I way. going to turn this ship of state to a urge my colleagues to cosponsor H. f ship of state that is moving in the di- Res. 187. NO APPROPRIATED FUNDS rection of saving the American people f from this runaway spending? The SPEAKER pro tempore. Under A REVERSE ROBIN HOOD The President has submitted to us a the Speaker’s announced policy of Jan- budget proposal which carries in it al- (Ms. BROWN of Florida asked and uary 5, 2011, the gentleman from Texas most $1.5 trillion of deficit spending. was given permission to address the (Mr. CARTER) is recognized for 60 min- What this House is trying to do is to House for 1 minute and to revise and utes as the designee of the majority change the mood and the attitude of extend her remarks.) leader. where this Congress sits on the issue of Ms. BROWN of Florida. Mr. Speaker, Mr. CARTER. Thank you, Mr. Speak- spending, and it’s time for us to take a just yesterday, the Veterans Affairs’ er. long, hard look. I would argue, if peo- Committee held a hearing where the These are interesting times we live ple could have taken the time and Deputy Secretary of the Department of in, and as we sit here this evening, we watched the debate when we sent our Veterans Affairs stated, because of the have a lot of things that are kind of up first submission over to the Senate, budget cuts that the Republicans are in the air about what’s going to happen which was H.R. 1, they would have seen advocating and a likely government to our country and about what’s going an extensive debate that went on for shutdown, veterans’ pension checks to happen to our ability to fund the hours and hours and hours on the floor may not go out on time. government for the rest of our time. of this House, with both sides partici- Believe it or not, this is not April Unfortunately, we don’t have answers pating, as to what we would and would Fool’s. to that question. I wish we did, but we not submit in the way of cutting cer- At the same time that the veterans’ don’t. Yet there are some things that tain amounts of spending, and there checks may arrive late, my Republican are happening that we ought to talk were multiple, multiple votes. colleagues want to extend tax breaks about because the American people are for millionaires and billionaires. Just concerned about what’s going on. In b 1930 last December, we were forced to vote some ways, they’re confused. This was after this same idea had on extending the Bush tax cuts for mil- As we sit here today, we are looking been vetted in other forms, like our lionaires and billionaires, adding $700 at the possibility on Friday night, at committee system. And yet when it billion to the deficit. The Republican midnight, of there being no more ap- was sent to the Senate it was dead on plan for the FY11 budget, as well as the propriated funds for the operation of arrival, and the only thing they could new budget plan they just released, are the government. Some people call that offer as an alternative to the submis- nothing more than a reverse Robin shutting down the government, but sion we gave them was $6 billion worth Hood—taking from the poor and middle that’s the real term. We have no appro- of cuts, which they even voted down.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2393 They didn’t even pass that. They ond World War. But all of a sudden, what they have to handle, where they weren’t even willing to take their mea- with the projections that President think their revenues are going to be, ger little $6 billion versus our $60-plus Obama has given us as to what he per- what solutions there are going to be for billion that we proposed to them. ceives is the right path for America, this debt in the way of tax increases, And everybody says, Where is the bam, that red line goes up and that red they have to say, Whoa. Until some- give-and-take? Why don’t you work to- block comes there, and that’s what our body gets a handle on this stuff, we’re gether, Congress? What’s wrong with children and grandchildren are going to looking at a world that I’m not sure I you people? Well, when one side does a have to deal with. And we honestly be- want to hire anybody else in. whole bunch of work, sends it over to lieve that that takes this country and This is not rocket science, this is the other side, they say they don’t like changes the very nature of what makes very simple. You hire to prosper. If it, they reject it, and we wait and we America great because it wipes out any you’re afraid prosperity is not going to wait and we wait and we wait for them opportunity that possibly our children be a result of the hiring, you don’t to submit something back so we can and our grandchildren can look forward hire. discuss it, well, we’ve been waiting a to when they are overwhelmed with I would argue—and I think it’s an ar- long time now and we still haven’t got- debt. gument that’s made by many, many ten it back. And we’ve gone through Have you ever heard the debate that economists and many, many editorial two short-term CRs to give them the goes on among college parents and writers—that the fear of the unknown opportunity to go vote on some things among college students when they and the known that you think you see in the Senate. I know they’re slow. I graduate from college these days and by the way the government is pro- mean, we all know they’re slow, but we they’re faced with $100,000 or $200,000 ceeding keeps a lot of people from hir- don’t even see the Democrat majority worth of debt to pay for these expen- ing other folks. I think that’s common in the Senate even trying to bring sive college educations we’ve got out sense. I think anybody that knows any- things to the floor for a vote on giving there; and they’ve borrowed all the thing about business can realize that. us an idea where they would stand on money and how they are overwhelmed So this looms over everybody. cutting spending. with debt to the point where they look I saw a cartoon up here in Wash- Now, they love to do press releases at the salaries that are being offered ington. Many of you may have seen it. out of smoke-filled rooms and come them and they say, Holy cow. If this is It was a gigantic elephant’s behind sit- back from White House meetings with what my revenues are going to be, my ting on a scale, and it had written the President and tell us, Oh, we’ve got income is going to be, I will never pay across the back of it, ‘‘National Debt.’’ this deal—which our side certainly off this student loan. I know that I And then on the very top of the back- didn’t agree to. And actually doing this heard it from hundreds of kids because side of that elephant was a Band-Aid so-called ‘‘democracy’’ inside of the I used to teach Sunday school at that about the size that would wrap around press instead of doing it by sitting age. And they came back from college my little finger stuck on there, and it down across the table or passing a bill saying, I can’t believe I’ve got this had an arrow right there that said, that we can look at and examine and much debt to pay off before I even start ‘‘Spending Cuts.’’ see if we can’t work out that bill and making a living. Well, that’s meager The reality is what the Republicans maybe get the comfort to do something compared to what this Congress, if we have proposed in terms of spending under normal course of business here don’t change the way we do business, is cuts as they relate to the gigantic mess has not been available. Senator REID going to do to our children and our that we’re in is just that teeny, weensy just says, Dead on arrival. Dead on ar- grandchildren. College debt is going to little Band-Aid. And yet, this very rival. Keep trying. Dead on arrival. look like a walk in the park compared meager proposal of changing the way And what that requires is for the to that kind of accelerated debt that’s we spend money has been rejected out House Members to—first off, what going to be placed on every human of hand by the Harry Reid Democrats they’re really looking for us to do is to being that calls themselves an Amer- over in the Senate and by our col- give up our principles because of ican. leagues in the House. And it is on every threats of this government closing This is frightening. It’s more fright- submission that we’ve made, on every down. I want to make it very clear, I ening when you think what this Con- attempt we’ve made to negotiate, on have heard this ever since this debate gress really needs to be about—and is every time we have said, so and so, how started. The leadership of the Repub- about over here on our side, and I about you all getting together and licans in the House of Representatives would hope on the other side, too—is come up with an alternative? And it’s has stated consistently, every time finding jobs for the American people. just, no, you’re dead on arrival. We’ll JOHN BOEHNER steps up to the micro- Now, what do the job creators think talk at the White House behind closed phone, we do not want to shut down when they see this? People who run doors or we’ll talk in smoke-filled the government. And I will tell you, if businesses, small businesses or large, rooms or whatever—smoke-filled people are listening with a tight ear, they look at the projected future of the rooms probably dates me a little bit, they will find out that any conversa- economy and they make decisions as to but there are still some smokers tion about shutting down the govern- why they hire people for very simple around here. ment has always originated from the reasons. You hire someone to advance other side of the aisle where the Demo- your business. You don’t hire them be- b 1940 crats tell us, Watch out, they’re going cause you’re a nice guy. You don’t hire Okay. Now, where are we tonight? I to shut down the government. Watch them because somebody gives you an think where we are tonight, I am opti- out, they’re going to shut down the incentive to hire them. You hire them mistic about where we are tonight. And government. And we’re saying, No, because ultimately they are going to the world may be sitting out there pes- we’re not. We’re trying to get you to improve your productivity or your bot- simistic, but I’m optimistic because, respond to us and let us know what you tom line. That’s why labor is infused first and foremost, I honestly believe think is the right thing for us to do to into anything that people do. Most peo- that we’re going to do everything at try to do something about this over- ple who start out with their small busi- least in our power to try to get us to whelming debt, this overwhelming def- ness, it’s all them and maybe their come up with a solution for this small icit, this gigantic leap in the debt that family. And then when they hire that spending cut bill of $60-plus billion that we’re going to face in the future. first employee, they don’t hire them we put forward, which, compared to Just look at this chart. And you’ve just because they like that kid across that elephant’s behind, is nothing. And seen it before. It’s been here. I’ve had it the street. They hire them because we’re going to get it done before we run here twice. Here’s 2010. So 2011 is about that first employee is going to make out of time and we run out of appro- right there. Look at 2051. Look, 300 per- their business do better. priations and the government starts to cent plus. And right now we are bounc- Now, if they’re looking at the accu- wind down. ing around 100 percent here. That was mulated debt being put upon them by But I’m more optimistic than that, during the Second World War, and this this government and they look at what because I am very optimistic that the is where we’ve been ever since the Sec- projected debt they have to deal with, fact that PAUL RYAN and the Budget

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2394 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Committee of this House have put for- Mr. WITTMAN. Well, thank you, that spending is absolutely out of con- ward a proposal that is like you ought Representative CARTER. I thank you trol. As Mr. CARTER said, clearly there to have the Hallelujah Chorus in the and Representative GOHMERT for your is a spending issue we need to address. background when they introduced it, leadership in putting forth a bill to We’re on an unsustainable path. This singing ‘‘Hallelujah.’’ Because it was fi- make sure we address this issue of has to be done. This decision has to be nally a budget that wasn’t the same military pay for our men and women in done on time. old budget—how can we jack every uniform. The American people expect leader- spending level up, and how can we fig- And, you know, Mr. Speaker, we ship out of this Congress. They expect ure out a way to raise some taxes to shouldn’t even be here tonight. We leadership out of both sides. As the make that work? No. It’s a budget that should be having before us a spending Speaker said, we can’t continue to ne- says this budget is going to be about decision that doesn’t call into question gotiate with ourselves. We have to prosperity and preserving the America whether or not we can pay our men and have folks on the other side of the aisle we love for our generations to come. women in uniform. Now, that’s abso- that are willing and able to say yes, If that’s not something as we come lutely reprehensible. You know, it’s we’re going to get these things done; up on this deadline—which should clear that this spending discussion there’s at least a counterproposal, in- make us nervous, and it makes me needs to be focused, and it needs to be stead of saying no, no, no. There has to nervous. But the big picture is our focused on making sure that we’re get- be more to this than ‘‘no.’’ Budget Committee has put a revolu- ting our troops paid, bottom line, pe- Our goal is to cut spending and re- tionary budget out for discussion. And riod. duce the size of government. It’s not to that budget is worth joy on behalf of I had the opportunity a couple weeks shut it down. I know you hear out the American people, because what it ago to travel to Afghanistan, and I had there people say, oh, you know, they does is it says to the people around us the privilege there to visit with a want to shut it down. They want to that there are some good ideas we young man who’s a lieutenant colonel shut it down. That’s the last thing we ought to try. in the Air Force. And I had met his want to do. We don’t want to shut it I’m joined with many of my col- family earlier in the little town of down. We want to make sure that our leagues here today, and I want to give Pocosin. And I was there for a pancake military gets paid. That’s the bottom them all an opportunity to talk. So let breakfast one morning there at a mid- line. And we have to get this thing dle school, and I had a chance to see me finish up at least this short part of done as soon as possible. talking here and let some other folks his family there, and I talked to his My question is: Is Congress in Wash- wife, and I met his children. And they talk. ington, D.C., so out of touch that we told me that their father was deployed Today where we are is a very simple don’t get it, that we don’t get what the downrange. And I asked where he was, place. Are we going to fund our Depart- American people have sent us here to and they gave me the information. And ment of Defense and make sure our do, what they want us to accomplish? I said, Well, listen. I’m going to be troops get paid or are we going to be Do they expect from us that we’re going there soon. I want to make sure so—with miniscule cuts and then con- going to forgo a budget and not ensure tinue this debate so we could probably that I have a chance to visit him. So I was able to go downrange and that our military families get paid? I try to get a resolution next week, or visit this fine lieutenant colonel. He’s think that’s not the case. are we going to reject out of hand—as doing a great job for this Nation. They They want to make sure we act, and now HARRY REID is making public are under very trying conditions there I want to make sure that we act and statements to say and the President, in in Afghanistan. I had a chance to make sure that we get things done. Atlanta, supposedly said he would veto thank him for his service and had a And I think we ought to bypass the 72- this proposal—reject out of hand to say chance to also, when I got back, to call hour review rule and get this done out we want our troops to suffer and we his wife and to thank her and her fam- of respect for our men and women in don’t care whether they’re getting shot ily for their sacrifice and for them uniform. at. We don’t care. We’re ready to let staying back home here in anxiety as Again, I want to thank my col- them get shot at and do without pay, their father and husband served leagues, Mr. CARTER and Mr. GOHMERT, men and women who have been risking downrange. for their leadership in bringing this bill their lives for over 10 years so that we And folks, I cannot imagine being in forward to ensure that our military get can stand in this Chamber and talk. We a situation to look that lieutenant their pay. ought to be ashamed of ourselves to colonel in the eye and say, You know b 1950 even consider not doing something. something? Thank you for your serv- I am a proud cosponsor of that act All of us ought to be wanting to do ice. Thank you for your sacrifice. But because I think it is the responsible something to make sure that those we don’t think enough about what way to go about getting things done. I folks get their paychecks so their you’re doing to even have the backbone was also eager to join 80 of my col- spouses and children back home don’t to stand and make sure that you get leagues in signing a letter to Senator suffer while they suffer the possibility paid. of being killed or maimed on our be- You know, how do you look at their Majority Leader HARRY REID to let him half. And that’s what this vote, this family, that mother who’s at home, know that this needs to get done: We day and tomorrow, is all about. those children whose father and hus- need to pay our men and women in uni- The deadline is Friday night at mid- band are downrange being deployed, form. night. We’re asking our Senators to re- and look them in the eye and say, Hey, You know, in my district, in what we consider rejecting out of hand what we listen, thanks for your sacrifice, but, call America’s first district, we have a are sending over and consider it in by the way, we’re not going to be able proud tradition of military there, with light of that momma back home with a to make a decision up here to make seven military installations and a child on her hip, telling the creditors, sure that you get the paycheck that number of people there that serve this We have no money to pay you. And I’m supports your family in the weeks to country and are now retired or in ac- sorry my husband can’t talk to you. come? I mean, I cannot imagine how tive duty. We have a great military He’s over in Afghanistan, in the moun- we are letting ourselves get to that presence there. tains, trying to stay alive. Or he’s fly- point. I got a call the other day from a ing missions into Libya, trying to stay Mr. Speaker, there is a lack of for- mother in Stafford County. And she alive. So I think we really need to titude to make sure that we get this said, ‘‘My husband is an active duty know that’s where we are in time, and done and get it done now. Just as Rep- military officer. And if I understand the other is stuff we’re going to be resentative CARTER said, the time is the news correctly, if this budget isn’t talking about. now. This needs to get done. We have a passed by April 8, 2011, the military Whoever would like to step up, grab deadline of Friday. This Congress needs will be expected to work and will not the microphone, and let’s talk. to act, get this done. be paid until the budget has been My friend from Virginia, step up. Tell And also, as you pointed out, we have passed. My family will struggle. And I us what you’ve got to say. a spending problem here. It is clear am concerned about how I am going to

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2395 pay my mortgage and feed my family. about LOUIE. He was here a minute ago. ations without appropriations because If the military is asked to work with- He left. I am going to recognize KRISTI of its authority to protect the national out pay, you will be causing severe NOEM to discuss with me, and I will security. But I will also tell you the stress on our families. As a spouse who yield whatever time she needs, and military personnel are scheduled to re- has endured my husband’s deployment then we will get Mr. GOHMERT for a ceive their paychecks on April 15. Now, in Iraq four times, I know the thought minute and hear what he has to say. if this government truly does shut of not getting paid would be making Mrs. NOEM. I appreciate that, and down, if it truly does shut down tomor- me sick. I also know that I would not thank the gentleman for yielding to row night, they will only receive 1 be able to talk to my husband about me. week’s pay instead of the 2 that they this concern because I wouldn’t want I am one of the new Members of Con- are owed. And that is not right. him to worry. Please work hard and gress that has first come here tonight, When you look at people who are at pass the budget. I am counting on this is the first opportunity I have had war overseas, standing on that wall so you.’’ to give a Special Order. And I cannot we can sleep safely in our beds at night Folks, there are so many people out think of a better reason to be here to- and we are telling them we are not there that are counting on us, counting night than to make sure that our mili- going to pay them for doing that, then on Congress to stand up and do what is tary men and women have the oppor- that is truly a travesty, and a travesty needed to be done to make sure that tunity to receive pay for their hard that we should not allow to happen. our military families get paid, to make work and for their service to our coun- And if this shutdown were to continue sure that we adopt a budget, to make try. and to continue on and on and they I think it’s extremely important that sure that we get this country on the would not be paid, we cannot do that to we focus on all of the important things right track to reduce spending. The their families. that this Congress is doing and the im- People talk about the debt that this time has come for us to get that done. portant things that this Republican country accumulates. And they recog- You know, our military members out Conference in the House is doing, be- nize the fact that it is a big deficit, there do a fantastic job for this coun- cause we recognized that from the very that it continues to accumulate. The try. It is unconscionable to even think beginning we took every action pos- way that I talk about it back home in about them worrying about not getting sible to ensure that our military could South Dakota is that months ago, paid, or for folks downrange to be get paid. We started with our first bill when I was making the analogy and thinking about what’s happening here that addressed the spending problems talking about the fact that our country in Washington rather than being able that this country has, H.R. 1. We borrows 40 cents out of every dollar to focus on their mission downrange. brought it to the House floor. We that it spends, well just in the few Folks, we need to get this done. Our changed the way that this House does short months since I was talking about military families serve this Nation business by having an open process on that back in October and November, with honor, with distinction, and with- the House floor. Hundreds of amend- now it’s we borrow 42 cents out of out question. And they are there per- ments were offered. And that bill en- every dollar. I used to tell my son you forming flawlessly. They don’t have to, sured that paying our military was a owe $42,000. You are responsible for I think, be expected to have that un- priority from us. It got the job done. It that. That’s the amount of our Federal certainty about what’s going to happen did the work that the previous Con- debt that you are responsible for. Well, here in the future. gress did not do. just in a few short months now he is re- So I want to make sure that this bill The previous Congress did not choose sponsible for almost $46,000. You know, gets done and that we take away any to make that a priority. They did not that boy is 8 years old. That boy is 8 worry from our military families or choose to wrap up the business of fiscal years old, and he owes that kind of folks serving downrange. Our military year 2011. They left that for us to do. money because of the irresponsibility families need to be worrying about the Then they left us in a big hole as far as of this government and because of the everyday necessities of life, and not the debt that this country is accumu- irresponsibility of the previous Con- have to worry about getting paid and lating. We came in as the adults at the gress and the Congresses before that to make sure they can meet those ne- table. that did not get this spending under cessities. And our men and women When our President talks about hav- control. downrange need to be focusing on the ing adult conversations addressing the That’s what we are trying to address mission that they have at hand. spending in this country and address- today. And that’s why we are making Just as Mr. CARTER said, our military ing the budget resolution that we need sure we are addressing the spending and their families have been to war to come to, the only ones who have cuts, we are being much more respon- now for almost 10 years, some of them been doing that from the very begin- sible in what we are proposing, and we on their fifth, sixth, and seventh de- ning have been the Republicans in the are also making it a priority to make ployments. You know, we need to keep House. We came with H.R. 1, with real sure that our military gets funded. You in mind the sacrifices that those fami- spending cuts that would put us on a know, I think that it is absolutely dis- lies make and know the great job that much better path, that funded our couraging to see that we are even hav- they are doing, the hard work that military. Because we wanted to take ing to pursue the priority of funding they put forward. It’s time for us to care of them. We recognized that their our military during these times, and show the same resolve here and get families were at home while their that it is being held hostage literally this budget done and make sure that spouses and family members were at through these discussions that have we without question assure that our war, and they were trying to make gone on. It doesn’t seem reasonable or military families are paid, that our ends meet while that was going on. fair to ask our military men and men and women that serve downrange I will tell you that I feel that the women to have to worry about the get the respect that they deserve from Democrats are holding our troops hos- types of situations that they would be this body here in Congress. tage, that they truly are. Because they put in. So Mr. CARTER, I thank you for your choose to do that so they can spend Many of them live paycheck to pay- leadership. Mr. GOHMERT, I thank him more money. They choose to hold them check just like a lot of families are for his leadership in making sure that hostage and their pay hostage because during this recession in America right this is first and foremost in our minds they want to help this country accu- now. They are having a tough time. about ensuring that our military gets mulate more debt. And it’s unaccept- How do they make their car payment? paid. able. You know, we voted to fully fund How do they make their housing pay- With that, Mr. CARTER, I yield back. their pay, to fund our troops through ment? When they are out there stand- Mr. CARTER. And I thank you very fiscal year 2011 through H.R. 1, and we ing and serving our country, we are much for those comments. I want to are still dedicated to that, and still telling their families that we are put- point out that I have here the Ensuring pursuing that because it’s a very high ting their ability to even pay their Pay for Our Military Act of 2011. Mr. priority for us. bills in jeopardy. GOHMERT is the cosponsor of this, along I will tell you that the Department of Then you look at the situation that with JACK KINGSTON. I was worried Defense is allowed to continue oper- we are accumulating more and more

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2396 CONGRESSIONAL RECORD — HOUSE April 6, 2011 debt in this country. That is only going dom and have the kind of liberty that great deal about your humility, be- to lead to higher inflation. It’s only we have in this country today. cause you and I both know you have going to devalue the dollar. I was talk- But even if I didn’t, I am an Amer- been working on this issue just every ing to someone last week about what ican; and I recognize the importance of bit as long and as hard as I have, and that really means. When you talk to having them there to protect us and to yet you are giving JACK and me great people on the street about what does it protect our future, and I am grateful credit and I appreciate that. mean when the dollar is devalued? every single day for the sacrifice and But the truth is you have done every Well, what that means is that maybe service that they offer to us. It is com- bit as much work, perhaps more, as that loaf of bread that that military pletely inappropriate for us to play pol- JACK and I have and the cosponsors we wife needs to go buy next week when itics with military pay. have here. she only has half of a paycheck, well, We owe these men and women at But, you know, things here in Wash- someday instead of costing her $2 it least some financial stability in return ington obviously don’t get done in a will cost her $4. Maybe it will cost her for all of their service that they pro- vacuum, and it means so much when $6. vide to us, to our children and to our we have people like KRISTI, ROB, NAN, So we are telling her not only are we country. folks that are out here. We got over putting you in the situation where you Mr. CARTER. Thank you, Congress- 100, I am not sure how many over 100 are going to be faced with high infla- woman. now, cosponsors on the bill. These are tion, that you are going to be faced I want to say that I agree with every- people that want to make sure that the with a dollar that’s not worth as much thing you have to say. As you were military is not used as pawns in this as it used to be because people in Wash- speaking, I was thinking our soldiers game. ington, D.C. couldn’t have some dis- are not asking for somebody to excuse A lot of us haven’t been thrilled cipline in their spending habits, their mortgage, not asking for some- about the short-term CRs, but it does couldn’t make the tough decisions; body to come bail them out. They are point out one thing, that the leader- well, on top of all of that, then we are just asking to be paid for the dan- ship of the Republicans in the House going to keep your spouse’s pay. On top gerous blood, sweat and tears work are committed and have paid the price of that we’re not going to pay him even that they are doing right as we speak of being criticized by people like me for though he is risking his life for our today. doing short-term CRs. They are so country. It absolutely is wrong. And it Right now, somebody is being fired committed to trying to do everything absolutely needs to stop. on somewhere in the world in an Amer- they can, especially Speaker BOEHNER. Mortgages don’t stop. Bills don’t ican uniform. It’s a frightening thing He has really gone as far as humanly stop. Car payments don’t stop. How do to think about, but it’s true, and they possible to do all that he could to avoid we expect these men and women to just want to have the paycheck they a shutdown, making it clear he doesn’t continue paying for their everyday liv- earned. And their families back home want that. ing expenses when they have no pay- want to be able to stay current on their Some folks have been critical that he check? In South Dakota we have an Air bills, and they are not asking for these needed to stand up and be ready to do Force base, Ellsworth Air Force Base. grandiose bailouts that this body has so. He has made it clear he doesn’t become famous for. They are just say- want one; he doesn’t believe it’s good b 2000 ing, give me my paycheck. for America. We have 1,000 civilians that work Now, this is not hard stuff. I want to And so I know my friend from Round there and over 3,000 military personnel. recognize my good friend from Texas, Rock, Texas, sitting in Georgetown as Those people are extremely special to Congressman GOHMERT. He was the au- a judge for so many years, often looked me. Not all of them grew up in South thor of this bill. I think we got it done at things like I do, as another former Dakota, but they are all living there in well. district judge. You look at evidence to South Dakota, and they are all serving Soldiers, might even be some of bear things out. this country. And I think that a gov- mine, Fort Hood. Who is at fault? The American people ernment shutdown not only affects You started the ball rolling. We have are going to be looking around. Who is these individuals, but it also is going been talking about this for a long time. at fault? to impact that local economy where If we are getting close to this deadline, Well, you look at what’s happened, they are trying to raise their children we have got to get the soldiers paid. and the evidence is quite clear. You and raise their families. I want to recognize LOUIE GOHMERT, have a group here, a majority in the Two Ellsworth Air Force Base B–1 who introduced this, along with JACK House that has done absolutely every- bombers were recently involved in the KINGSTON. I joined with them on this. thing possible to try to placate the Libyan military strikes. Missions like Now our leadership is offering an al- Senate. Odyssey Dawn are likely to continue ternative submission, which would We passed lots of bills, trying to get whether the government shuts down or fund the entire DOD, which is an even the funding done. And why was that? not. These missions are risky, they are better idea because of all the contract Well, the evidence is clear. The Demo- costly, they are vital for our national authority and all the things that go on cratic majority last year refused to do security. that get hurt by not having an appro- what was required and pass a budget. Doesn’t it seem unreasonable that priations finished up with. And we are No budget passed, no appropriation to the Democrats here in Washington, hopeful, although we are hearing sig- fund things. D.C., would put those servicemen and nals, that it’s going to be dead on ar- Why? You can only speculate about -women in harm’s way to protect our rival, and they are not going to tell us that. It was an election year. Perhaps freedoms and then not compensate what they want us to do. there was concern that if people really them for the work that they have done I will submit this to you, and then I saw the total amount that they were simply because they want to spend will let you comment, LOUIE, and that going to be appropriating in all these more money and they want to put this is, I would submit, if anybody is shut- areas that it might have even been country further into debt? ting down the government, it’s the worse in the election in November. These are all the reasons why I have Democrats in the Senate, not the Re- The people saw through, and the ma- fought on every CR to make sure our publicans in the House. jority switched here in the House. So military men and women get paid, why I yield to the gentleman from Texas here we are with these bills that have we are continuing to do that, and I (Mr. GOHMERT). been filed, pushing another bill this thank you for bringing this bill. It is Mr. GOHMERT. Thank you. week here in the House. In response, critical if for no other reason I have Your comments also point to another there has been nothing passed in the had family members that have served, aspect, not only your caring about Senate. I have had friends that have served, America, caring about those that are People that know the rules know friends that have been overseas and fighting for us and your desire to fight that the Senators, any one of them— have stood on that line so that we for those here in Washington who are and of course it would have to be a could continue to live the kind of free- fighting for us, but it also shows a Democrat that would have any chance

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2397 of getting something passed, because and that includes Reserves, and so that deadline with a way to fund the gov- the Democrats under HARRY REID are the military knows it includes all pay, ernment for the rest of the year for all in the majority, so a Democrat, any all allowances, you’re not going to departments. They rejected it out of Democrat down there, could take the miss anything if the Senate will just do hand without even coming back with bill, the bills that we have done, the right by them. We have a standalone any alternative of any substance. They CRs that we have done. They could bill that could be passed in the next offered a $6 billion cut and spending as take those and do as they did in day or two. It is House bill 1297. It usual under the Obama budget. And ObamaCare. could be done. then now we’ve given two extensions to You know, that was, boy, here again, But as my friend from Round Rock try to talk, and each time dead silence. it’s the military. has pointed out, our leadership, Speak- No comment. If there’s a comment, it’s The ObamaCare bill was a bill to as- er BOEHNER, has brought a CR for 1 to the press. But to us, they’re treating sist with a tax credit for first-time week. He didn’t want to do that. We us like a stepchild. And then they’re homebuyers who were veterans. And know he didn’t. But he was concerned wanting to shut down the government what did the Senate do with that bill? about the military. And it funds all as- when we say, at least let’s protect our Since it had to originate in the House pects of the military through the end soldiers. Let’s take care of our troops. under the Constitution, they took it, of the year. Then we have this fallback Before we’ve even got it over there and in their bill they said they are tak- bill that if the Senate is doing as tomorrow, HARRY REID and the Presi- ing the first-time homebuyer bill for they’re indicating—oh, it’s dead on ar- dent have both made a statement to- veterans, stripping out every word and rival. We’re not even going to pick it night. ‘‘Dead on arrival,’’ HARRY REID substituting, therefore, about 2,700 or up and put our ideas and pass it says. The President says, ‘‘I will veto 2,800 pages of their ObamaCare bill. through the Senate—then obviously it.’’ He would veto funds—that’s what Well now, if they don’t agree with the evidence is clear, Judge. It seems he supposedly said in Georgia. Now I what we have done, they could have to me the evidence is all in, and it’s may be out of school, I didn’t hear it, taken any one of these CRs that we very clear: They want a shutdown. but I was told he did, that he said, I passed and said we don’t like it; it’s They think they win politically by won’t accept what Mr. BOEHNER is dead on arrival. They could have taken forcing a shutdown and then blaming going to send to us. I will reject it. those, stripped out every word just like the Republicans in the House. It’s not That’s the bill that funds our troops. they did for the veterans, to count only not the Republicans in the I think we’ve got other great people. every word that helped the veterans House’s fault. It’s also clearly them Mr. GOHMERT. Judge, would you and substituted, therefor, their disas- playing games with our military, with yield for a question? trous bill in ObamaCare. the vital function in this country, and Mr. CARTER. Yes. They could have done that with their it isn’t right. Mr. GOHMERT. Since we know it own CR, what they were going to fund, I thank you for yielding. I do thank would do no good for a Republican in what they wanted to see happen. Not you so much. I know we’ve got several the Senate to take a CR and bring it to one person down there in the majority of our critical key sponsors here on the the floor of the Senate, or file it, but of the Senate has taken the leadership House floor. And I am so grateful for we also know that any Democrat in the to do that. the leadership. We’re talking freshmen. majority down there could do that and Some have said, well, why isn’t the We’re talking people that haven’t been at least try to get over some Demo- White House involved in what’s going here all that long, and yet they have crats, Judge CARTER, what does it tell on in the Senate? Why aren’t they grabbed this issue and have shown such you that not a single person in the ma- showing some leadership down there? leadership. I appreciate you so much. jority has bothered to usher forth and I heard someone say, well, that’s the Thank you, Judge. file a CR of any kind to respond or to White House. It’s a separate branch. Mr. CARTER. Reclaiming my time. take ours? modify it? What does it tell The Vice President of the country is Let me point out, as Mr. GOHMERT said, you? and has been the President of the Sen- those of us who sat in a courtroom for Mr. CARTER. It tells me that they ate. He has not only a vested interest; years, in my case almost 21 years, you are marching in route step to the com- he is the presiding officer of the Sen- want to look at the evidence to see mands of the majority leader, HARRY ate. what the evidence shows. And just very REID. And unfortunately, we didn’t get We have heard over and over from quickly, the evidence shows first: How elected to march route step in that this President that JOE BIDEN is going do we get to a shutdown for failing to fashion. We got elected, Senators in- to make sure things are done right. fund the government? Well, you start cluded, to make decisions that are good And yet what did he do when the going with last year when the Democrats for the American people. got tough? Maybe he is tough because were in charge of the House, the Sen- SCOTT, my friend from Virginia, I he got going to Russia, and he dis- ate, and the Presidency. They passed will recognize you for the amount of appeared. no budget and not one single appropria- time you need. We have 9 minutes. tions bill, although I’m on the Appro- Mr. RIGELL. Thank you so much. I b 2010 priations Committee. They certainly appreciate the gentleman yielding, When the going got tough for the could have. They just chose not to. Judge CARTER, for your leadership on President, he went to Brazil and played They chose not to. this topic and also Representatives golf and then issued an order from They chose the date that they would GOHMERT and KINGSTON for their lead- down in South America sending troops have a CR go into the next term of ership on this. into battle. And we had a former Presi- Congress when it had already lost and I will say this: As the son of an Iwo dent Bush who quit playing golf. He knew how many of these wonderful Jima veteran and as the proud father said it just didn’t feel right to know people were going to be here replacing of a third-generation marine, it is deep- our troops were in harm’s way and I them the next time they showed up in ly troubling to me that we are even would be out on some golf course. the House, so they put this thing all having to discuss how and if our men This President not only doesn’t have the way to March, which they knew and women in uniform are going to be a problem playing golf with people in was going to put us under a tremen- compensated. harm’s way, he takes time out of his dous amount of pressure to get some- A failure of leadership, Mr. Speaker, golf round to send more people into thing to do to fund the government. has left us in this precarious position, Libya into harm’s way. And to be as- And we made diligent attempts to fund and it is deeply troubling to me that sured today that, hey, we really are the government. And it didn’t even last we are having to address it tonight, the going to get around to turning every- long enough for HARRY REID to say confusion that’s out there. Just today, thing over to NATO, and it won’t be ‘‘dead on arrival’’ when it got to the the White House said that military per- us—my friends, 65 percent of NATO is Senate. sonnel would not be paid. American military. It’s not a lot of So let’s see. They didn’t do their job. Now, Mr. Speaker, this is failed lead- comfort to me. But the least we could They didn’t do their budget. They set ership. How could it possibly be that do is to make sure that our military, up the CR deadline. We met the CR the message from our Commander in

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2398 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Chief is that it’s very likely if this its responsibilities, starting with H.R. dent supporter of our Nation’s mili- shutdown occurs that our men and 1. We have worked every day to resolve tary. These brave men and women can women in uniform would not be com- this. We must pass a defense appropria- never be thanked enough for their serv- pensated? tions bill for the sake of our troops and ice to our country, and this Congress This week, a senior Department of our national security. must do everything that we can to Defense official said that our troops I encourage every American to let stand up for those who defend America. would be paid for a week but not for 2 their Senators and our President know That is why I urge my colleagues to weeks. Just yesterday, the Pentagon that they want our troops paid on protect the military paychecks and to spokesman said that the Department time. I thank the gentleman for this ensure that if the government shut- had not issued any direction to the time. I appreciate it. down were to occur, that the members services about implementing a shut- Mr. CARTER. Reclaiming my time, I of our Armed Forces and their families down. And he really skirted the ques- now yield to the gentlewoman from will receive their salaries on time. tion of how a shutdown would affect New York (Ms. HAYWORTH). This is not an issue that we can play the pay of our servicemembers. Ms. HAYWORTH. I thank you for politics with, and my colleagues on the Mr. Speaker, this lack of clarity is your commitment and dedication. I other side of the aisle who seek to use not only unnecessary, it’s unconscion- have the privilege of serving the 19th these paychecks of our military as part able. Brave men and women—Ameri- Congressional District in New York, of their plan to force a government cans—are around the globe, and they and the U.S. Military Academy at West shutdown should absolutely be are putting their lives at risk fighting Point is in my district. We have sent, ashamed of themselves. Military fami- for our freedom and our way of life. I as we all know, thousands of young lies have already sacrificed so much for just got back from a trip to Afghani- men and women to join and to sustain this country. Back in Tennessee, there stan, and it’s just unbelievable to the long gray line. Their talents and are families who are worried right now think that a young corporal in their commitment are made to our Na- about whether their loved ones are safe Helmand province would have to speak tion in order to defend us from threats overseas in Iraq and Afghanistan and or somehow communicate to his wife from without. We owe them that same other places even around the country, about whether he is going to get paid dedication and commitment and sac- and they are praying for their safe re- or not. rifice and discipline here in the Con- turn home. Those military families Our men and women in uniform de- gress, in the House, and in the Senate. should not, under any circumstances, serve our unwavering support from this And our President owes it to them and have to worry about when and where Congress. If our military is not paid, to the children of America whose fu- the next paycheck is coming from. Mr. Speaker, I believe that Members of ture is at risk from within. Mr. CARTER. I apologize for the Congress and the Commander in Chief We were elected in that great wave in short time. Thank you, Mr. Speaker. should not be paid, not one nickel. My November 2010 because the American f office gets calls every day from spouses people told us we could no longer afford REPORT ON RESOLUTION PRO- of our military. They are concerned to continue on a path of enormous defi- VIDING FOR CONSIDERATION OF and understandably so. cits and mounting debt. It is difficult H.R. 1363, DEPARTMENT OF DE- Let’s be clear on this, Mr. Speaker. to do what we are called on to do, and FENSE AND FURTHER ADDI- The genesis of this crisis that we’re in that presumably is why the Senate has TIONAL CONTINUING APPRO- is because the Democratic leadership so resisted the lead that we have of- PRIATIONS ACT, 2011; AND last year had the Presidency, had the fered them with the passage of a con- WAIVING REQUIREMENT OF Senate and had the House, and failed to tinuing resolution to compensate for a CLAUSE 6(a) OF RULE XIII WITH pass a budget. Not only was this a fail- budget that was never passed for this RESPECT TO CONSIDERATION OF ure in leadership; I truly believe it’s fiscal year by the 111th Congress. It is CERTAIN RESOLUTIONS nothing less than an abdication of the difficult to say no to certain types of responsibility that was entrusted to spending that have become the usual Ms. FOXX (during the Special Order them by the American people. mode of behavior by the Federal Gov- of Mr. CARTER), from the Committee on So here we are debating last year’s ernment, but that is what we are called Rules, submitted a privileged report budget. And as a result, we have this on to do. (Rept. No. 112–56) on the resolution (H. climate of uncertainty. And as an en- And what we do pales in comparison Res. 206) providing for consideration of trepreneur, I know that it’s holding with what the men and women who put the bill (H.R. 1363) making appropria- back job creation. As a result, we are themselves in harm’s way around the tions for the Department of Defense for operating under a continuing resolu- world must do every day. What they the fiscal year ending September 30, tion which each and every service chief sacrifice must be emulated by us in 2011, and for other purposes; and has said is hurting the readiness of our this small way. We must join together waiving a requirement of clause 6(a) of military. in the House, and we must be joined by rule XIII with respect to consideration the Senate to pass this bill that will of certain resolutions reported from b 2020 fund our troops through the end of fis- the Committee on Rules, which was re- I truly believe we are a nation at se- cal year 2011 and will allow us the time ferred to the House Calendar and or- rious and increasing risk because of that we need to bring everyone to- dered to be printed. our failure to manage our finances gether, to bring the Senate and the f properly. Indeed, that is why I ran for President on board so that they too this office. I am proud to be a Repub- will have that discipline that they need THE DEFICIT AND JOBS lican tonight because we have proposed so that we can do what is right for The SPEAKER pro tempore. Under a path toward fiscal stability that America’s future and so that we can the Speaker’s announced policy of Jan- would keep the government open. get on to thinking, as we must, about uary 5, 2011, the gentleman from Cali- It has been pointed out, rightfully so, the budget for 2012 and beyond. fornia (Mr. GARAMENDI) is recognized the Senate has failed to move on that I thank you, Judge CARTER, for your for 60 minutes as the designee of the proposal, preferring apparently to leadership in ensuring that our troops minority leader. allow the government to close and not are properly cared for and for your Mr. GARAMENDI. Mr. Speaker, we pay our men and women in uniform. leadership in this enormous and crucial intend tonight to talk about the def- That is not acceptable. We must fight for our Nation’s future. icit, solutions to the deficit, where it achieve stability and funding. I stand Mr. CARTER. I don’t know how much came from and what can be done about ready to work with any Member on the time is left, but I yield to my good it in the context of creating jobs here opposite side of the aisle here, and I friend, the gentlewoman from Ten- in America. But before we get into know my colleagues do as well. nessee (Mrs. BLACK). that, we just heard a whole hour of This is so important. We must do Mrs. BLACK. Mr. Speaker, I stand talk that really is based upon a falla- what is right. The Senate must act. I here tonight as a daughter, a wife, and cious foundation, that is, it is just not truly believe that the House has met a mother of veterans; and I am an ar- correct.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2399 Last year in 2010, it was the Repub- legislation that would create a job put- Now, what are we going to do about lican Senators that blocked every at- ting Americans to work this year and this problem? The President has put tempt to pass legislation by threat- next year. That’s the fact. forth a budget that would, in 8 years, ening a veto and denying the 60 votes Now, another fact: Where did the def- significantly reduce the deficit so that that were necessary. So when it came icit come from? In order to understand it wouldn’t grow and allow us to pay time to do a budget, it was impossible where we are, we need to know where the interest, not removing it, not pay- to put a budget through the Senate be- we’ve been. Here is what the deficit is ing it all off—neither do the Repub- cause of the Republican blockade in all about. Beginning with Ronald lican proposals—but it would put us in the use of the filibuster. Reagan, the budget was not balanced. a position where it would not grow. It Similarly, when it came time to fund Ronald Reagan at the end of his term takes time to solve the huge deficit the government, to appropriate the left for the American public a $1.4 tril- problem that George W. Bush, Ronald money, the same thing happened. It lion deficit in the years ahead. At the Reagan, and Bush, Sr. put us into. We was impossible to get the 60 votes out end of each year and, therefore, at the can do it. But we cannot do it unless of the Senate because of the Repub- end of a President’s term, the Congres- we grow this economy. It’s about grow- lican blockade. So everything that we sional Budget Office makes an esti- ing the economy and creating jobs that have heard over the last hour about the mate of what is going to happen over we would now like to talk about. process that is now under way, the con- the next 5 to 10 years. At the end of I am going to turn now to my col- tinuing resolutions, began with the Ronald Reagan’s term, they said there league from Ohio, BETTY SUTTON, who blockade in the Senate by the Repub- would be a $1.4 trillion deficit going has been working on the issue of put- licans as they continually threatened a forward. ting Americans to work for a long, long filibuster. That’s why we are where we George Walker Bush followed time. Please share with us where you are today. Reagan; and at the end of his adminis- are now with this proposal that you are Now, with regard to the funding of tration, the estimate by the non- putting forward. the military, let’s understand that the partisan Congressional Budget Office Ms. SUTTON. I thank the gentleman. Democrats have always consistently was that there would be a $3.3 trillion I thank you for your leadership. You voted to fund the military when it was deficit going forward. That’s the num- gave us a little bit of background that a straight up-or-down vote. However, bers provided by the Congressional I think is really, really important in the CR, the first CR that did have Budget Office, nonpartisan group. when we talk about where this deficit funding for the military, it also had ex- Bill Clinton came to office, estab- came from and how it came to be. I traordinary cuts that would destroy lished the pay-for program, established would just add a couple of other points 700,000 jobs in the last 6 months of this the balanced budget program; and at that I think are significant. fiscal year—March, April, May, June, the end of his administration, it was At the end of last year, we will re- July, August, September, and Octo- projected going forward that there member that the same people who are ber—700,000 jobs lost. would be a $5.6 trillion surplus, wiping now cutting indiscriminately, cuts The Democrats said no way, no way out the American debt. That’s what aimed at seniors, cuts aimed at middle are we going to throw 700,000 employed happened during the Clinton adminis- class Americans, cuts aimed at Head Americans out of work, and we rejected tration. So that in the years beyond Start, low-income housing, heating as- that. Put a clean CR for the funding of the Clinton administration, had the sistance, Community Development the military on, and you’ll have a 100 same policies gone forward, the Amer- Block Grants that add to economic ac- percent vote. But when you cobble to- ican debt would have been wiped out. tivities in our communities, those gether the kinds of foolish cuts, unwar- However, another gentleman was same folks, some of them, were over ranted cuts, 700,000 lost jobs, and then elected, George W. Bush. In his first there fighting to make sure that we attach to it the military and expect year in office, the Bush tax cuts went had super tax cuts for billionaires that support, you won’t get it. into effect, the Afghanistan war start- were also going to add exponentially to The Democrats want this govern- ed, and the deficit began to grow once the deficit. ment funded, and we fought for more again. So that in his second year, the Then they turn around and say, hey, than a year and a half to get the gov- second Bush tax cuts were added and we’ve got this horrible deficit, and so ernment funded. We were blocked the Iraq war was started. Never before now everyone has to sacrifice. But along the way. And now, as the Repub- in America’s history has a war been whenever the American people hear the licans put out these pieces of legisla- under way that was not paid for with words, ‘‘Everyone needs to sacrifice,’’ tion, the continuing resolution, and at- tax increases. Instead, the Republicans chances are if you’re in the 95 percent tach to it totally unacceptable lan- and George W. Bush decided that they of the population that controls very guage and unacceptable cuts, to the would start not one war, but two wars, little of the wealth in this country, American people, not to the Demo- and pay for it with borrowed money. they mean you. They don’t mean that crats, but to the American people, then The fourth piece was the unpaid-for top 5 percent that controls most of the we find this gridlock. What we want to Medicare drug benefit which didn’t wealth in this country. They are all do really is talk about jobs. even require that the Federal Govern- about protecting what they have and Joining me tonight are two wonder- ment force the insurance companies to grabbing more power. ful legislators. One is imported from compete for drugs. It’s very interesting when we talk Detroit, and another one from the The result was at the end—oh, did I about where the policies coming out of manufacturing capital of the world. forget the Great Recession? I did. You the Republican House majority are add the Great Recession to it, so at the these days, because all of the cuts seem b 2030 end of the George W. Bush administra- to be targeted at the people back in the I want to start with an under- tion, the projection from the Congres- district where I live, hardworking, salt- standing of why we are where we are. I sional Budget Office was that the def- of-the-Earth constituents whom I am know my colleagues will help me on icit would grow by an additional $11.5 so honored to serve. this. trillion. Your point is well taken and very First of all, the Democrats have been The George W. Bush Republican pe- sad, that the one bill that they put out about creating jobs, from the stimulus riod created the Great Recession, two there—I mean, hey, you don’t have to to today. The GOP majority has been wars unpaid for, a major increase in take our word for it—the bill that they in power for 14 weeks. Zero, no, nada, the Medicare program, and the result, put out there puts 700,000 jobs, more nothing to create jobs. Not one jobs the Great Recession and the great def- than at risk, it’s been determined by bill. In fact, the only bill that they icit. This is what Obama faced the day their own Republican analysts that it have put on that has anything to do he came into office, the greatest reces- would cost us 700,000 jobs. Frankly, our with jobs is one that destroys 700,000 sion since the Great Depression and an economic recovery, which is so fragile, jobs. So keep this in mind, American $11.5 trillion deficit going forward. is under threat. public. Fourteen weeks of GOP leader- Those are the facts. That’s where we A group of 300 economists, including ship in the House and not one piece of started this. two Nobel laureates, wrote a letter

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2400 CONGRESSIONAL RECORD — HOUSE April 6, 2011 warning that the shortsighted budget What has happened in the last decade the health and, indeed, the life of every cuts to, quote, human capital, our in- has been a skewing of the economy, the senior—to the vagrancies, to the rapa- frastructure and the next generation of great unshared prosperity of America. cious profit orientation of the health scientific and technological advances If we look at the bottom fifth of the insurance industry. That’s what’s would threaten future economic com- population, these are the poor. They’ve going to happen if the Republicans get petitiveness as well as the current re- seen a $200 annual increase in their their way. We’ll do everything we can covery. well-being. For the next fifth, 20 to 40 to stop it, and we will also do every- So the path that the Republicans are percent, they’ve seen just under $10,000. thing we can to build the American on, and it’s funny because we just saw As you go up, if you look at the top 10 middle class. the new budget proposal unveiled and percent, $300,000. If you look at the top Ms. SUTTON. Will the gentleman they called it a path to prosperity. I 1 percent of Americans, what has hap- yield? think that the better name is a path to pened with them? Their wealth has Mr. GARAMENDI. I would be de- poverty. At any rate, the path that grown by over $5,978,870. lighted to. they are on is not a good one. So what has happened as a result of Ms. SUTTON. In addition to that, at We know that the answer to what the policies of the Bush administration the same time they’re cutting Medi- ails our economy is we need to put the is a push to the wealthy and the care and changing it and removing the American people back to work. We clampdown of the working class in guarantee that seniors have known, need to have jobs that will create op- America. The middle class in America which is that they’re going to have ac- portunities for the people that we are is losing the race to wealth. It is losing cess to that care when they need it, so honored to represent, that will keep it to the top 1 percent. isn’t it also true that they’re con- our communities running, will have Let me put this another way. tinuing to protect those subsidies to the revenue that we need to pay for There are, perhaps, some people you big oil companies, those billions of dol- those services, those firefighters, those might recognize at the bottom, the lars in subsidies, and are continuing to teachers, those police officers, those poorest fifth, the folks who work for protect tax breaks that ship those jobs nurses, those public servants that Wal-Mart. Eleven percent of the wealth overseas, which has led, in large part, make our world turn. went to them. For the second poorest— to the decline of American manufac- these are the teachers—it’s the same turing? b 2040 thing. There was very little growth in Mr. GARAMENDI. Precisely so. So everyone at all levels of govern- their income. As you get to the mil- Look at their budget proposal. Their ment, regardless of party, should be fo- lionaires and billionaires, the Donald budget proposal says that the oil com- cused on priority one—getting Ameri- Trumps of the world, they have seen a panies in the last 10 years have earned cans back to work. That’s where we 256 percent—a 256 percent—increase in a profit of $947 billion. That would be come in with what we need to be fo- their wealth. At the bottom, an 11 per- $53 billion less than $1 trillion in prof- cused on, which is: How do we make it cent. For the teachers, an 18, 20 per- its, nearly $1 trillion in profits. Yet our in America? Manufacturing matters. cent. For manufacturing, maybe a 32 Republican colleagues say they need to So we are working in this House, as percent. Here is where the money is: continue to be subsidized by the Amer- you know, Congressman GARAMENDI, to It’s with the super wealthy. They have ican taxpayers. Hello? What’s that all make sure we put forth an agenda on seen a 256 percent. about? Do you want to balance the the Democratic side of the aisle, and Take a close look, America. Take a budget? Remove those subsidies from we hope that our Republican colleagues close look at what was proposed yester- the oil companies, and let them pay will stop being deflected and will start day by the Republican caucus: taxes. Why should we be subsidizing focusing on what will help the people Yesterday, the Republican caucus the wealthiest industry in the world, we serve, which would be focusing on proposed to take this skewing of the oil industry? That’s what they these jobs, giving people opportunity, wealth, the unshared prosperity, and want to do—and you talk about tax and creating real value by making push even more of it to the super breaks. Good heavens. things in this country. Not only will we wealthy of America. It is unconscion- I want to turn now to our colleague make the products; we will then give a able, but that’s what they’ve proposed from the great City of Detroit. We chance to the American people to to do, and they’re going to do it with loved that advertisement in the Super make it in America, and America will tax breaks for the wealthy, continuing Bowl. We now call HANSEN CLARKE the make it again. on, indefinitely, increasing the deficit ‘‘imported from Detroit Representa- Mr. GARAMENDI. Thank you very by $1 trillion—a $1 trillion increase— tive.’’ much for laying out the thematics as because they want even more wealth to Please share with us your thoughts well as the past history. go to the super wealthy. here. Our theme in the Democratic Caucus At the same time, they’re cutting the Mr. CLARKE of Michigan. Thank here in the House is one of making it in benefits that the working men and you, the great gentleman from Cali- America—once again, going into Tar- women rely upon. What are those bene- fornia, Congressman GARAMENDI. get, going down to the local auto- fits? Well, how about employment op- You’re right. I was born and raised in mobile dealership, and finding products portunities? How about educational op- Detroit, and am very proud of it—im- that are made in America. The great portunities? All of those are cut, and ported from Detroit, as you say. strength of America, historically for they’re taking money out of the econ- One reason why U.S. manufacturing the last 150 years, has been its manu- omy so that 700,000 men and women has been so innovative is that we use facturing strength, but we need to un- will lose their jobs this year, in the the best research. As a matter of fact, derstand that, in the last decade, we next 9 months. That’s the Republican U.S. manufacturing performs half of have seen the hollowing out of the agenda. the research and development in the American manufacturing industry. For those who are not working, the United States. It has been fantastic, In 1999, there were 17,383,000 Ameri- seniors of America, the Republicans and let me give you an example. cans working in manufacturing. In the are proposing to end Medicare as we In Detroit, which is the district that decade that followed, more than 6 mil- know it. It will be the privatization of I represent, General Motors Corpora- lion of those jobs were lost, and we saw Medicare, giving every senior in this tion is now manufacturing one of the the hollowing out of American manu- Nation an $11,000 voucher so that they best electric-powered vehicles around, facturing. That’s the strength. It also can then go and negotiate with the ra- the Chevy Volt. The cost of the Chevy happens to be the middle class. So our pacious greed of the health insurance Volt has dropped. It’s very affordable theme is ‘‘make it in America.’’ As you companies. If you want to live to be 65 now, which is, in large part, because of say, if America is going to make it, we and finally have a health insurance the Department of Energy’s invest- must, once again, make it in America. policy that you can count on, don’t ment into research and development in Manufacturing matters. look to the Republicans, because they the lithium-ion battery. The cost of Let me put up here on the board why intend to terminate Medicare as we that battery has now dropped down to it matters to the American public. know it and turn over the well-being— just $8,000 apiece.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2401 b 2050 linois. Our Representative from that over $6 million. Their average income So this car is not only a great car, great State is here to join us, JAN right now is $27 million. Get this: The saving gas, it’s a good riding vehicle, SCHAKOWSKY. bottom 90 percent of Americans—I was but also it will be affordable. Ms. SCHAKOWSKY. I am so happy to even shocked by this number—the av- But here’s the problem: The problem join you. And I thank you for coming erage income is under $32,000 a year. is that many in the majority right now down to the floor each week and mak- Top 0.1 percent, $27 million; 90 percent want to cut back on research and de- ing the point that we have choices in of the rest of Americans, less than velopment that’s going to be so essen- the United States of America. $32,000. This is not good for our econ- tial for us not only to build the best We can put our people back to work. omy and it is not good for our democ- products to be sold here, but also so We can reduce our debt and our deficit, racy. that we can compete overseas. What’s but we don’t have to do it on the backs Mr. GARAMENDI. Would you yield very disturbing is that, for the first of middle class Americans, and we cer- for a moment? time since 2008, the U.S. level of invest- tainly don’t have to do it on the backs Ms. SCHAKOWSKY. Yes. ment in clean energy technology has of our elderly. That’s exactly what the Mr. GARAMENDI. The Republican now dropped from first place in the budget proposal by our Republican budget proposal put out yesterday calls world. We used to be number one in the Budget Chairman PAUL RYAN says. He for a tax decrease for that 0.1 percent world in clean energy technology re- said, look, the country is broke. We’ve from 35 percent to 25 percent. search until recently. We have fallen got to just show courage and we’ve got Ms. SCHAKOWSKY. Just the people now to number three, number three be- to cut that deficit—we agree with who need it, right? Just the people who hind China and Germany. That’s not that—and the way that we think we need a tax break. Isn’t that astonishing acceptable. ought to do it is by ending Medicare as that they should actually pay less? Mr. GARAMENDI. Would the gen- we know it, by abolishing Medicare. In- Mr. GARAMENDI. We’re talking tleman yield for a moment? stead of that guaranteed benefit that about super trickle-down theory here. Mr. CLARKE of Michigan. I will yield all older Americans can aspire to now, Ms. SCHAKOWSKY. Yeah. Take it to the gentleman. can get when they’re 65 years old, that from Medicare and give them a tax Mr. GARAMENDI. In the Republican persons with disabilities would get, break. continuing resolution, H.R. 1, they re- they know that it’s there—and I cannot And, by the way, the top tax bracket duce the research budget for energy re- imagine that there is not every single in the United States of America right search here in America, cutting out Member of this House, Republican or now starts at $375,000. So if you make vital research at the Department of Democrat, where people come in and $27 million or $375,000, you’re still pay- Energy, at the laboratories across this say, I hope I can make it until I’m 65 ing the same tax rate. Nation. And what are they thinking? and get on Medicare because I can’t get What I did was say, okay, let’s make Mr. CLARKE of Michigan. Well, insurance, and even if I could, I can’t the taxes fairer. I said, starting at $1 you’re right, this makes no sense at afford it right now or I have a pre- million—that’s earning in 1 year—45 all. And I’ll tell you what’s disturbing existing condition. He wants to do it on percent tax rate. And it would ratchet is that the British National Science the backs of senior citizens. up, $10 to $20 million, $20 to $100 mil- Academy predicted that if we go on It’s been said many times tonight lion, $100 million to $1 billion, and then this path that we’re going on right that 700,000 jobs would be lost if H.R. a $1 billion tax bracket. And you know now—which we’re going to ask the 1—the top priority of the Republicans— what? There are Americans who have American people to back us up because were to pass, that the cuts that it made $1 billion last year. The top 20 we’ve got to put more research and de- would make, instead of spurring on hedge fund managers, an average of velopment dollars into building these jobs, creating jobs, putting the 15 mil- over $1 billion a year. One guy made great manufacturing products. But if lion people that want to pay taxes— over $5 billion in 1 year. I’m saying we don’t do that, if we don’t change, that’s all they want is to go back to those billionaires, that top tax brack- China could overtake us in scientific work and actually pay taxes, that that et, 49 percent taxes. And guess what? output in just a couple of years. That’s would be their dream come true, and it That is lower than the tax rate in all not acceptable. We want to make sure would also cut our deficit. But you the Reagan years. I’m under Ronald that the best products are imported know what the American people are Reagan’s highest tax bracket. It’s fair. from Detroit, not from China. thinking? They’re thinking, We aren’t This is not about punishment. It’s Mr. GARAMENDI. Thank you so very broke—maybe we are, but not everyone not about revenge. It’s certainly not much. is broke in America. about jealousy. It is about fairness in And how correct you are in laying This is a sign that my staff made be- our tax system. And we would have out this strategy of how we can move fore I introduced a bill with an idea plenty of money here. We wouldn’t the American manufacturing industry: supported by 81 percent of Americans have to cut Medicare, of course we Education, a well-educated workforce; that it is time for millionaires and bil- wouldn’t. We wouldn’t have to cut research on fundamental issues like en- lionaires to pay their fair share; 81 per- Medicaid, the poorest people off their ergy systems, batteries, transpor- cent of Americans. That means it’s not health care. We wouldn’t have to tation; and then making those things just Democrats and it’s not just Repub- threaten seniors with cuts in Social Se- in America, importing from Detroit to licans. It’s Independents, and I believe curity benefits. And we could fund American consumers and selling that it’s Tea Party people, too. They those job training programs to put peo- around the world. However, when the know that they are not getting a fair ple back to work. We could even fund Republicans put together a proposal shake and that the millionaires are. infrastructure programs that put peo- such as H.R. 1—their continuing reso- Did you explain the chart? ple on the job, or green energy pro- lution that would cut 700,000 jobs out— Mr. GARAMENDI. Go ahead. grams that make America a leader in it also cut out the research budget for Ms. SCHAKOWSKY. Well, what it the world. We could do all those things. energy research, for battery research, says is that from 1979, at that end, to We are not broke as a people. for transportation research, and in ad- 2005, this is the growth in income over dition to that, research for health. The certain income categories. And you can b 2100 National Institutes of Health budget see way down at the end there is a lit- So my Fairness in Taxation Act, I was decimated. That’s not good public tle bracket—even if you can’t, you get hope people will sign on as cosponsors. policy. We need to make these finan- the idea. There is a little sign down Eighty-one percent of Americans think cial investments. And if the Demo- there that says that the bottom 20 per- it’s a good idea. We have to have the cratic strategy of making it in Amer- cent of Americans over that period, al- courage to follow—listen to people out ica is carried forward, Detroit will most 30 years, their income increased there, and follow prosper and America will prosper. $200. Mr. GARAMENDI. Our Republican Another part of our country in trou- Let’s go to the other end. The top 0.1 colleagues have consistently said we ble for manufacturing, but a great percent of Americans, their average in- ought to listen. And apparently all manufacturing center of America, is Il- come increased, actually increased, that we know about tax policy, there’s

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2402 CONGRESSIONAL RECORD — HOUSE April 6, 2011 little or no support for reducing the on with the proposals coming from the Ms. SUTTON. I will yield to the gen- taxes on the super wealthy but rather other side of the aisle. tleman. they go the other way. And we’re won- And I think that the point that the Mr. GARAMENDI. There’s a piece of dering what they’re thinking over on gentleman just made about the union legislation that someone introduced the other side of the aisle as they con- movement in this country, helping to that’s called Don’t Let American Jobs tinue to skew to create the unshared build the middle class and frankly, Go Down the Drain. Do you know who prosperity by even reducing further the leading us to a place where we had a that was who introduced that piece of taxes on the super wealthy. strong middle class in this country— legislation? Ms. SCHAKOWSKY. One of the you know, it’s that middle class that Ms. SUTTON. Absolutely. I intro- things that they say, that PAUL RYAN makes America so great, that people duced that legislation. says, We all have to sacrifice. Shared have a chance to aspire to that Amer- Mr. GARAMENDI. I thought you did. sacrifice. I believe in that. I think ican dream. Ms. SUTTON. I thank the gentleman that’s a good idea. But some people And so when you stand on this floor for bringing it up. It is called Keep have been sacrificing for a long time. or you come here as we do, and you see American Jobs from Going Down the If you drew another line starting at attack after attack on those middle Drain Act. And what it says is very the bottom left and going to the top class families—from attacks on pre- simple. It says that as we do what we right of productivity increases in the vailing wage payments that are just need to do in this country to rebuild United States, that line would shoot living wages that are going to those our infrastructure, our water and sewer way up because we have the most pro- folks who work in our trades. We see systems, that we will make sure we do ductive workers in the world. Produc- those attacks come up over and over it using American iron and steel and tivity has soared. And yet where have again at the same time that those on manufactured goods because that puts the benefits gone for our more produc- the other side of the aisle are pro- the American people back to work. tive workers? Right here. And it has tecting that huge income disparity, it’s Other countries have similar procure- been deliberate, and it’s been based on really, really hard to take, I know for ment policies, and it’s way past time policies that have passed in the Con- us over here, and it’s hard for the peo- that this country also do what it can to gress, a partnership between govern- ple who I represent who work hard for keep these jobs right here in Ohio, ment that’s been hand-in-hand with a living and are just looking for a right here in America. the wealthiest Americans. And the rest chance to take care of their families Mr. GARAMENDI. Well, I love the of America—and you know what, the and make their way. title, but even more so, I love the pur- other thing is if you started up here We also see those attacks on collec- pose of your legislation. Using our tax and tracked union membership, you tive bargaining to silence workers, to dollars to build the infrastructure, the would find that line going straight take away rights to even have a voice water, the sanitation systems that down. at the table, to be part of the solution, every city, every community needs, When workers, as 62 percent of Amer- which they have been and will continue and using that money to buy Amer- icans agree is a good thing, have col- to be. ican-made pumps and pipes and fittings lective bargaining, they’re able to help You know, those power grabs, those and valves and all of the rest of the raise the middle class instead of having attempts to disempower ordinary things that go into those kinds of sys- a disappearing middle class, which is Americans, we have to fight against. tems. what’s happening now. There is a better way, and this Make It It’s not the only place where Amer- Mr. GARAMENDI. And yet we’re see- in America agenda offers us that better ican taxpayers’ money can be used. ing across this Nation a Republican at- way. Let me give you a couple of exam- tack on unions claiming that unions Manufacturing, we all know, is a ples, and these are my pieces of my leg- are bad. But the great history of this multiplier in terms of jobs. We know islation that deal with a similar theme. Nation is that the union movement, that for every manufacturing job, it We all pay gasoline tax and a diesel collective bargaining over these many, has a multiplier effect of four more tax—181⁄2 cents on the Federal side and many decades did in fact create the jobs. And in some industries, the auto 25 cents for diesel on the Federal side. middle class. And so that in the 1960s industries, it’s as high as 10 additional Where does that money go? It goes to was the period of time when the middle jobs. build our streets, highways, and buy class of America was at its peak. It had We know that where people manufac- our buses and trains. the greatest distribution of wealth. ture, if we manufacture in America, we We need a firm policy that says if it The greatest share of the income went do research and development in Amer- is American taxpayer money, it’s going to the middle class. It was also the ica. We maintain our capacity to be to be used to buy American-made time when the union movement was strong as a Nation—both economically buses, trains, American-made steel, the strongest in America. Since that as well as in our sense of national secu- concrete. We need to use our tax time through a variety of govern- rity. What happens if we can’t make it money to build the American economy mental policies, we have seen a decline in America? so that we are making those things in in the union movement and a commen- So here we are. We have a number of America. surate consistent decline in the middle proposals, we know that we need a na- I’m going to give you the poster child class. tional manufacturing strategy in this for the wrong policy. State of Cali- We’re going to build the middle class. country. Democrats are committed to fornia going to rebuild the San Fran- This is about making it in America. making sure that we have one. cisco-Oakland Bay Bridge, a multibil- This is about rebuilding the middle Another area that we need to work lion dollar project. Bids went out. An class. on that I think the American people— American contractor came in with two I want to now turn to our colleague honestly I think that they expect this, bids. One bid was for steel in America, from the great industrial—the once and and I’m hoping that our friends across and the other bid was for steel made in future great industrial center of Amer- the aisle will see fit to join us in the ef- China. The Chinese steel was 10 percent ica, Ohio, and share with us—you’ve fort to make sure that when taxpayer cheaper. got some specific proposals that you’ve money is used to build our infrastruc- The State of California—wrong-head- put forward. I’d like to talk about ture, which in and of itself puts people ed, big mistake—went out and said, them. I know that our Congresslady to work, we will use that taxpayer Well, we’re going to save 10 percent. from Illinois has, and I do, too, so we’re money to buy American iron and steel Turns out, the Chinese steel was defec- going to talk about specific things that and manufactured goods and get that tive, the welds were defective, the we’re going to do to rebuild the middle multiplier effect as we build our streets bridge was delayed. The 10 percent dis- class by making it in America. and our roads and our bridges and our appeared. The 10 percent was added. Ms. SUTTON. I thank the gentleman sewer systems and our water systems The American jobs were lost. Never and I thank the gentlewoman for her and our alternative energy products. ever, ever again should that happen in making the case about the funda- Mr. GARAMENDI. Could you just America. If it’s American taxpayer mental unfairness about what is going yield for a moment? money, then by golly, use American-

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2403 made products. I love it. Don’t let jobs that we create in manufacturing, believe, and we are going to wrap this American jobs go down the drain. Make which have on average a 22 percent thing up. Mr. HOYER, thank you very sure we are making it in America. higher salary. That middle income, much. We really appreciate your work One more thing, and then I want to middle class workers, working Ameri- here. turn to our minority whip to talk cans can have the kind of quality of Ms. SUTTON, if you will carry on, I about Make It in America. life that they deserve. And when you am going to find one more of these b 2110 see Ford bringing jobs back to Amer- placards. ica, you see Whirlpool bringing jobs Ms. SUTTON. I thank the gentleman. We also use American taxpayer dol- back to America, you see other cor- You know, again, this Make It In lars to build the solar systems and the porations bringing jobs back to Amer- America agenda, it really is something wind turbine systems in America. Are ica, why are they bringing them back that we believe that whether you are a they made in America? They ought to to America? Because they are finding Republican, a Democrat, that every- be. There are American manufacturers out that they get better quality and body can embrace, and frankly, every- that make wind turbines and make higher productivity. body needs to embrace. We saw what solar. Once again, our taxpayer money. The gentleman from California men- happened when we had our economy re- Is it going to be used to buy solar pan- tioned the steel in the bridge that’s lying on the financial sector, where els from China, wind turbines from Eu- being built. We make the best steel in you had a few people moving money rope, or is it going to be used to buy America. I was visiting the president of around. And it wasn’t real value that American-made wind turbines and U.S. Steel in Pittsburgh. Extraor- was being created. When that bubble American-made solar panels? We must dinary technology. And we are the burst, we had a big problem. But when pass legislation, and it ought to be most productive producer of steel now. you engage in manufacturing, you take Democrat and Republican alike, that We frankly in the fifties sort of rested something of lesser value and you turn says finally it’s going to be American on our laurels. And then in the sixties it into something of greater value. made. We are going to make it in and seventies, the Japanese, the Kore- That is something that we can rely on. America so that Americans can make ans, and others built new plants and So one of the things that we have to it. they overtook us in technology. But it do is we have to have a national manu- Let me now turn to STENY HOYER, wasn’t because we couldn’t compete; it facturing strategy. And in that na- our esteemed leader, the whip of the was that we weren’t competing. tional manufacturing strategy, like on Democratic caucus. Mr. HOYER. What Make It In America says is the agenda, the Make It In America Mr. HOYER. Mr. GARAMENDI, I thank American workers can compete with you not only for your yielding, but agenda, we need to look at a number of anybody in the world. And we are pre- things and how they all work together more importantly for the extraor- pared to do so. And this Congress hope- dinary time you have invested in edu- so that they will support U.S. manufac- fully is going to give them the incen- turing and U.S. workers. cating all of the Members of this House tives and the tools to do that. So I on both sides of the aisle in what can Why do we need a manufacturing wanted to come on the floor and join strategy? Well, it’s kind of obvious, but truly be perceived I think as an abso- you, as I have in evenings past, to lutely nonpartisan, bipartisan, pro- I do think it’s worth noting that others thank you, because I believe this agen- have national manufacturing strate- American agenda that says we ought to da, if it’s known to our Republican col- make it in America. And if we do, we gies. So Germany has one, South Korea leagues fully and our Democratic col- has one. In fact, every other industri- are going to make it in America. We’re leagues, but much more importantly to going to succeed in America. alized nation has a network of cur- the American people, it’s an agenda rency, trade, tax, investment, innova- You’ve got our logo up there, Manu- that I have found has the support of 8 facturing Matters. I want to congratu- tion, and skills policies that promote to 9 of every Americans who shake their domestic manufacturing. So right late you, and I want to congratulate their head and say, yes, that’s the deal. Ms. SUTTON from Ohio, who has been here in the House we encourage our I don’t mean that the 1 or 10 percent colleagues on the other side of the aisle such an extraordinary advocate. Her are against it. It’s just that about 85 legislation in many respects took the to join us in this Make It In America percent say, yes, that’s what we need agenda, to promote a national manu- automobile industry and put it back on to do. America can compete. America track. That was an action that saved facturing strategy that deals with can be again the center of manufac- trade policies that are fair, and that literally hundreds of thousands of jobs. turing and growth and the creation of Thousands of jobs in the automobile in- there will be a reciprocity of trade that jobs. will no longer leave our workers and dustry, but all the jobs that are related We know that we’ve lost some 8 mil- our businesses at an unfair disadvan- to the automobile industry. And I con- lion jobs over the last few years, 3 or 4 tage, where others will be forced to gratulate BETTY SUTTON for the leader- years. We know that Americans are ship she showed. That legislation of struggling to find employment. Well, if play by the rules in the same way that course was passed in a bipartisan fash- we want to find employment for them our manufacturers and our workers ion. Not a partisan divide on that we need to create jobs for them. We play by the rules. A program that also issue. need to focus on creating jobs. I am promotes tax policies that encourage Mr. GARAMENDI has been not only hopeful that as we move on in the com- manufacturing in this country and educating the Members of this House, ing months that we will in fact start stops the outsourcing of jobs overseas, but as the American public watches the focusing on jobs, on job creation. We which we have seen take place for dec- proceedings in this House, educating have created, as you know, 1.75 million ades now. That will be smart with re- them as well. I go all over America and new private sector jobs over the last 13 spect to our energy policies, our labor talk to groups, and there is not a group months. But that’s not enough. It’s policies. that I have talked to, no matter how progress, but it’s not enough. We shouldn’t be attacking workers. liberal, how conservative, whether it’s So I congratulate the gentleman and Workers are not the ones who drove a Democratic group, a nonpartisan thank him for his leadership. And I our economy off the cliff. So that group, anywhere in this country, and I thank Ms. SUTTON for hers as well. Two whole issue of disproportionate shared have talked to a number of the heads of giants in focusing on an agenda that sacrifice, right? Just like we saw the major corporations, and I have talked we call Make It In America. disproportionate wealth accumulated to a lot of heads of small corporations, Mr. GARAMENDI. Your kind words in this country as it did with the help 200, 300, 400 members, and all of them are much appreciated. But you are very of the policies that were promoted by are appreciative of the fact that we much a part of this. This logo itself the last Republican administration. We have focused the Congress of the and the theme Make It In America was need education policies as a part of United States and the administration one that you developed. And we appre- that national manufacturing strategy and America on the importance of ciate that and value the leadership to promote a workforce that will keep making things in America. that you have put into this. us competitive and on top. Policies BETTY SUTTON, as I walked on the I want to turn back to our colleague that protect intellectual property and floor, was talking about the kinds of from Ohio. We have about 7 minutes, I research and development right here.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2404 CONGRESSIONAL RECORD — HOUSE April 6, 2011 Because where you have research and State of Ohio, other States, is wrong. last Congress, an extremely close per- development you have manufacturing, The labor movement and collective sonal friend of mine, he and I having and vice versa. bargaining is crucial to America’s mid- served 17 years together in the New b 2120 dle class because that gives the founda- Jersey legislature. tion, education policy. Mr. Speaker, before I deliver my re- Of course, we need to strengthen and What in the world are our Republican marks, we are honored this evening to rebuild this country by investing in colleagues thinking about when they be joined by the minority whip, the our infrastructure. It puts people to cut education funding? If we are going former majority leader, who certainly work, and it is what we need to do. to compete, we need a well-educated knew Congressman Adler well. Smart cuts make sense, but so do workforce, and you can’t do it on the I yield to the distinguished minority smart investments, and infrastructure cheap. It requires an investment. whip, the gentleman from Maryland is a good way to go. I use intellectual property here; we (Mr. HOYER). Mr. GARAMENDI. I am going to pick Mr. HOYER. I thank my friend for up right on the issues that you raised. could just as easily use the word ‘‘research.’’ It is from the research that yielding. These are the essential elements of a I did not know that he was taking a manufacturing strategy. So if we are the new products are created. It’s in those new products that the great prof- Special Order, but I was here on the going to make it in America, we need floor, went over to say hello to my dear to make things in America and these its are, and it’s where we must protect the research. friend and he indicated this Special are the essential things. Order was being taken for John Adler. You talk about trade policy. We can- Again, my Republican colleagues, why are you reducing the research John Adler died too young. John not continue just to give it all away Adler contributed extraordinarily to and just expect to be importers of budget for America? Why are you doing that, when, in fact, that’s where the fu- his family, to his community, to his cheap products made elsewhere. So we State and to his Nation. need good trade policies that position ture industries come from? Don’t, don’t cut there. He served here too short a time. He America’s manufacturing sector to be was full of energy and of ideas, of intel- competitive. And, finally, infrastructure, the foundation upon which everything moves, lect, of integrity; and he became a good We speak specifically here of China, a friend in a short period of time. And I lot of issues involved in China, cur- including thought. We used to think of infrastructure counted him as one of the assets of this rency; and it goes on and on. But this Congress, not a Democratic asset or a is one of the areas where we must being roads, streets, water systems, Republican asset, but someone who stand firmly or else we will lose it be- sanitation systems, yes. And now it’s cared about his country and who want- cause somebody else is going to make the intellectual infrastructure, the ined to see it adopt policies that were it and ship it here. tellectual highway. All of that infra- Unfairly, taxes. The tax policy of the structure is crucial if we fail to invest. productive for its people. It is appropriate that we remember Nation needs to encourage manufac- By the way, in terms of the Net high- this too short a life that, notwith- turing. I want to give two examples way, access to the Net, the United standing its brevity, was filled with that were part of the Democratic agen- States falls behind virtually every great productivity, service and com- da, and these are now in law. Last year, other industrialized country in the mitment. I appreciate the fact that the as part of our program, we provided a world and in many cases behind devel- members of the New Jersey delegation tax break for American manufacturers oping countries. have allowed me to join them, Mr. who invested in capital equipment. We This is a Make it in America strat- Speaker, in paying tribute to this great said, don’t worry about depreciation. egy. These are the elements: trade policy, tax policy, energy policy, labor American. You invest in capital equipment, that I want to say to his family, I called policy, education, research, intellec- is grow your manufacturing capacity Shelley the other day and didn’t get tual property and infrastructure. This and you could write off against your her but left a message, four children is the Democratic agenda. This is what taxes in 1 year, that investment. That’s are missing their father tonight, a lov- we are putting forth. This is what we a tax policy. ing wife, whom I got to know as well, The second tax policy we said is it’s will fight for because this is how you missing her husband. While our loss is not right for American corporations to build the American middle class, by certainly not as personal or as keen as get a tax break when they offshore making it in America. their loss, we share that loss in a very jobs. We said enough of that. No more, I want to thank my colleagues Ms. real sense. you are going to do that. On both of SUTTON; Mr. CLARKE, who was here ear- Not only have we lost an American these policies, our Republican col- lier; our minority leader. We use the public servant; we have lost a friend leagues refuse to join us. So presum- words minority whip now. You were and a colleague. For that we will say a ably they want to continue giving cor- our majority leader just a few months prayer for his family, and we will be porations tax breaks when they send ago, and you will once again be because there for his family whenever they jobs offshore, and they don’t care this agenda, the Make it in America, is need us. whether American companies invest the American solution to our economy So I thank the gentleman from New here in the United States with capital and to our economic growth and to re- Jersey, my friend Mr. LANCE, for giving equipment. building the great American middle me this time to join him and Mr. Energy, crucial, crucial. We cannot class. PALLONE and Mr. HOLT in paying trib- any longer put our future to risk on I yield back the balance of my time. ute to this wonderful human being international oil markets. We are see- f whom we had the privilege of serving ing it today, the extraordinary rise in HONORING FORMER with, for too brief a time. the cost of gasoline and diesel, energy CONGRESSMAN JOHN ADLER Mr. LANCE. Thank you very much, policy, energy independence, advanced Mr. HOYER. biofuels, conservation, electric cars, all The SPEAKER pro tempore (Mr. Mr. Speaker, I have known John of those things. REED). Under the Speaker’s announced Adler for 20 years. Labor, you talked about labor. policy of January 5, 2011, the gen- Again, it was the labor movement that tleman from New Jersey (Mr. LANCE) is b 2130 created the middle class in America by recognized for 17 minutes. He entered the New Jersey State standing firm and saying the workers Mr. LANCE. Mr. Speaker, I rise this Senate in January 1992, having been of America need to share in the great evening in a very sad moment for the the only Democratic candidate to win wealth of America. We have seen the people of the State of New Jersey. I an open seat that year, defeating an in- decline of labor, and we have seen the want to thank Congressman PALLONE cumbent in what was not a strong year equal decline of the middle class. They for joining with me this evening, as for the Democratic Party, his party. It go together. well as other Members of the House, as was a strong year for my party, the Re- Labor, fair labor rules, what’s going we pay tribute to our colleague, John publican Party. And so he came to on in the Midwest, Wisconsin, your Adler, who served in this House in the Trenton as a phenomenon.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2405 He was a very young man. He was I know and who is known by my wife, Speaker, where our judges are ap- born in 1959, so he would have been 32 Heidi, and we consider ourselves to be pointed, not elected; appointed by the years old when he became a member of friends with the entire Adler family. Governor and confirmed by the State the State Senate. I had been elected to And together, John and Shelley Senate. And as chairman of the State an unexpired term in the General As- brought into this world four wonderful Senate Judiciary Committee, John was sembly the year before, and I served in sons, Jeff, Alex, Andrew and Oliver, all intimately involved in that. the 1990s in the General Assembly, the of whom I know. Jeff is at Harvard at The district he served was an inter- lower house of our legislature, and he the moment, Alex is at Cornell, and esting district. The only Camden Coun- served continually in our upper house, they have two younger brothers. And ty community in the district is his in our State Senate, having first been tonight on this sad day, the day when hometown of Cherry Hill, and he served elected in 1991 and then reelected in John’s funeral took place at Temple vast portions of neighboring counties, 1993, 1997, 2001, 2003 and 2007. Emanuel in Cherry Hill, we remember Burlington County and Ocean County. He rose to a position of prominence prayerfully his wife, Shelley, and their And to those who are not familiar with in the New Jersey Senate. He eventu- beautiful sons, Jeff, Alex, Andrew and the geography of the State of New Jer- ally chaired the State Senate Judiciary Oliver. sey, places in Ocean County are among Committee, which is an extremely im- In 2008, there were two open seats in the most beautiful beaches anywhere, portant responsibility in the structure the House of Representatives in New not only in this country but in the en- of our government in New Jersey. And Jersey due to retirements: Jim Saxton tire world. And I know that he had a he was always interested in public pol- in District 3 and Mike Ferguson in Dis- commitment to protecting our environ- icy. The year before he was elected to trict 7. And John succeeded Jim ment. the State Senate, he had run as an un- Saxton, as I had the honor of suc- John Adler’s life was ended by a bac- derdog in a congressional race. And al- ceeding Mike Ferguson. So we were the terial infection in his heart at age 51. though he did not win that race, I only freshmen in the class of 2008 from His father had died in his late 40s also think that many took note of his can- New Jersey. And I think that we shared based upon a heart condition. So per- didacy, and I think that propelled him that bond as, of course, every member haps John Adler had a weakened heart. into our State Senate. of a freshman class shares a particular But he had a very strong heart in his I moved from the lower house of the and special bond. views on public policy, in his views on New Jersey legislature to the State Certainly, it is exciting for someone helping the people whom he rep- Senate in the election of 2001 when we to move from a State legislative cham- resented, first in a municipal governing became direct colleagues, and we ber here to the House of Representa- body for many distinguished years in worked together on many different tives, and I think we shared that ex- our State senate, and in the 111th Con- issues. And he always worked in a col- citement, for example, when we went gress, where he was my colleague and legial and extremely competent fash- together to the Harvard seminar that my friend. And where we, too, alone, ion. took place for new members, and of were the freshmen from the State of Indeed, we sat next to each other for course the orientation that takes place New Jersey. a period of time of our service in the here and when we would bump into I’m pleased to yield to Congressman State Senate, divided only by the cen- each other in the Hall here during ori- HOLT. ter aisle. To those who know our State entation sometimes we thought, what 2140 Capitol in Trenton, the State Senate were we doing here? It was an exciting b chamber is a very small room. It was time for both of us. Mr. HOLT. Mr. Speaker, I thank the designed originally for 21 members, one John Adler was a person of enormous gentleman from New Jersey (Mr. State Senator from each of our 21 wit, a very dry, subtle, and sophisti- LANCE) and my other colleague from counties, and when the State Senate cated wit. And it really pierced the veil New Jersey (Mr. PALLONE) for setting was increased in population in the of much of what occurs in public life aside this time. 1960s, based upon the principle of one and in political life where in so many Too young, too soon, not fair, not ex- person one vote, to 40 members, it be- instances we take ourselves too seri- plicable in a larger sense. It is with came a place where it’s really quite ously. That was not Congressman great sadness that we come to the floor overcrowded. And so we really sat ex- Adler. tonight to honor the life of a fine col- tremely close to each other in this He had been involved over the course league and a friend, a dedicated public small chamber of the State Senate. of his life in many different charitable servant to the State of New Jersey, John Adler’s career in the legislature activities. He served on the Cherry Hill John Adler. was one of distinction—for example, Township Council before he went to the John was dedicated to the service of prohibiting smoking in indoor public State legislature, the boards of the the people of New Jersey. His devotion places and workplaces. He also spon- Camden County Chapter of the Amer- to New Jersey led him to run for and sored an act promoting lower vehicle ican Red Cross, the Food Bank of win a congressional seat in 2008, as you emissions and an antipredatory lending South Jersey, the Virtua West Jersey heard from our colleague, Mr. LANCE. act to protect consumers from unfair Health and Hospital Foundation, and While John ultimately was not re- credit practices. And based on that and the Camden County Advisory Board on turned to this body for this session of many other accomplishments when he Children. And certainly his respect for Congress, his legacy of public service came here, he was appointed to the Fi- the political process is something that will indeed live on. No doubt he would nancial Services Committee, the com- we should all recall, especially those of have continued to find ways to improve mittee to which I was appointed, as us who had the honor of serving with the lives of New Jerseyans. well, and so we became colleagues not him in Trenton and in Washington. Sharing not only a State but also a only here in this Chamber, the House I believe that those who serve in pub- hallway in the Longworth Office Build- of Representatives, the people’s House lic life do so out of a sense of responsi- ing with John, I had an opportunity to across the United States, but we be- bility. John Adler could have made a get to know him fairly well. He was a came colleagues on the Financial Serv- great fortune in the practice of law wonderful colleague. I will miss, as we ices Committee. given his native intelligence, given his all will, his cheerful demeanor and John was not raised in circumstances academic training and given his ability wonderful sense of humor that he of affluence. He lost his father when he as a speaker. He chose to be involved in brought to all of his work. A sense of was a young man, and for him and his public life in Cherry Hill, a great sub- humor, a good spirit in good times and mother, it was a struggle. And yet de- urban community in Camden County in in bad. And I will miss his wisdom and spite that, he went to Harvard. He was southern New Jersey, in the State leg- his sharp political insight and his pol- graduated from Harvard College in islature, where he was very much in- icy knowledge. 1981, and from Harvard Law School in volved in making sure that the judges Today, during a memorial at his fu- 1984. He was an excellent student. And who were appointed to office in New neral in New Jersey, there were several at Harvard, he met the person who be- Jersey were men and women of ability. comments made, and I would like to came his wife, Shelley, someone whom We have a system in New Jersey, Mr. read a few. His law school roommate

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He just al- could go to an athletic event with Friends remembered that after he ways faced challenges like that. them or just be with them and his wife, had been defeated but Congress was It was mentioned when he was grow- Shelley. still in session for another 2 months, he ing up that his father died also of a The one thing that everyone com- continued diligently to work here in heart condition at a young age, I think ments about is not only John’s humil- Congress. As they said, he wanted to 47 years old; and I don’t even know if ity but also his sense of humor. I have make sure that he made it to all of the John was in high school at that time. to tell you that many times I would caucus meetings on time. He wanted to He would often talk on the campaign come to the floor and sometimes I al- continue to make the right votes for trail about growing up and having to ways remember him over in that set of the people of New Jersey. depend on Social Security benefits, and chairs or standing up in that part of His brother-in-law commented that he was able to relate to people because the House floor. I would always come playing knowledge games against John of his upbringing, those who were up to him and ask him if he wanted to was like playing against Google. He re- struggling and those who had a hard do a 1-minute Special Order or if he called John’s near-brush with ‘‘Jeop- time because maybe they had lost a fa- wanted to do this or that. I was always ardy’’ fame that fizzled after the ther or didn’t have a parent or grew up nagging him to do different things. And former Congressman paid, out of his in circumstances where they didn’t sometimes he would do, and sometimes own pocket, to fly for a taping to the have much money. he wouldn’t; but he would always tell a television program. He made it to the I think that the energy and the will- joke. He always would make me laugh. makeup room, and one of the func- ingness to always take on the fight b 2150 tionaries asked in a formal sense very much characterized John. As was whether John knew anyone who mentioned, he really was one of the I have to be honest that oftentimes worked for ABC. And John said, Well, smartest people that I have ever met. I after a long day here in the House of yes, he thought one of his law school remember on another occasion when Representatives, that’s really what you classmates had taken a job with a sta- we were at a campaign event and I was need. You need someone to tell a joke tion. And the producers said that was introducing him, and I mentioned he or to make you laugh with his wit, it; he couldn’t participate. graduated undergraduate from Harvard with his sense of humor. It was a very Said his brother-in-law: You mean University and then went on to Har- special thing. I’m not sure that I can you flew all the way out to California vard law school and how impressed I really describe it well. on your own dime? Why on Earth was with that. After the event was Also, on the campaign trail, JON would you tell them that? And John re- over, he came up to me and said, RUNYAN, his successor in Congress, was plied, because I didn’t want to lie. Frank, don’t mention I went to Har- here speaking the other night. You Shelley, John’s wife, is an accom- vard; I have to be humble. And that couldn’t help when you saw John Adler plished, lovely person. And there is certainly doesn’t indicate any kind of and JON RUNYAN together, Jon is this every indication that their sons are as humility if you mention Harvard. Not huge guy, a football player, big, tall, bright and public spirited as their par- that he wasn’t proud of it, he certainly and, of course, John Adler was so ents. This is a real loss for many of us, was, and he had reason to be. slight. He always exercised. I don’t as well as for the people of New Jersey. But he always wanted to relate to the even know how much he weighed, but I ask that the Members of the House average person, to the middle class per- he was very slight. The contrast be- join me in extending our sympathy and son, to the little guy because that was tween them was sort of interesting. condolences to John’s family and his upbringing. That is what he was John would always poke fun at that as friends and his many admirers. really all about. That is why he wanted well, the fact that he was a slight guy f to come to Congress. and that JON RUNYAN was such a big As Mr. LANCE mentioned, anybody guy as a football player. TRIBUTE TO FORMER who graduates from Harvard under- I heard Mr. LANCE talk about Ocean CONGRESSMAN JOHN ADLER graduate and law school could easily County and John representing Ocean The SPEAKER pro tempore. Under spend the rest of their life making County. I can’t help but mention one the Speaker’s announced policy of Jan- money and doing well financially, but aspect of that, and that is the fact that uary 5, 2011, the gentleman from New he decided he wanted to go into poli- when he first was running in Ocean Jersey (Mr. PALLONE) is recognized for tics. He wanted to help people. And County, because I used to represent it 17 minutes. even if it meant he had to run in a dis- at one time, he would remark to me Mr. PALLONE. Thank you, Mr. trict and work hard and raise a lot of about how beautiful it was, how won- Speaker; and I want to continue mak- money to campaign in order to win, he derful the beaches were, and he was ing this tribute and joining my col- was determined to do that because he very concerned to preserve the quality leagues, Congressman LANCE and Con- really believed that that is what life is of the beaches, the quality of the gressman HOLT, in this tribute this all about, giving back, giving to the ocean, and also protect the industries evening to John Adler, a good friend public, giving back to his country. that used them, particularly the fish- and one of our colleagues. I want to just mention a couple of ing industry. There was an organiza- I don’t want to repeat some of the other things that I thought were kind tion called the Recreational Fishing things that my colleagues have already of interesting. John would always talk Alliance that was very supportive of said, but I would like to talk a little about his family. I don’t know how John because he was very concerned bit about some instances of my own long it takes to go back and forth to about the fishing industry. It was his- life that also involved John. where he lived in Cherry Hill exactly, torically part of Ocean County and I think Mr. LANCE mentioned how probably a couple of hours, maybe a part of New Jersey going back to even difficult his political life was in the little more, but he was always deter- Colonial times, and that he felt he had sense that he was always running in mined to go back and forth as much as a special role to play in trying to pro- areas that were primarily or histori- possible. Even when he was here, in tect the industry. cally Republican. When he was elected order to make sure that he was able to They appreciated it. Fishermen, to the State senate back in the early help his family and not spend a lot of maybe unlike some people, they can 1990s, he won in an upset against an in- money, he would spend the night in his kind of see whether you’re really on cumbent. Of course, when he ran for office because he wanted to make sure their side and whether you really are the congressional seat which adjoins that he had enough money to pay for truly supportive of them and undermine in the south in Ocean County, he his family. stand their concerns. They understood was very much running against the He always talked about his kids; he that John did, and they really appre- odds. That seat had been held by Con- talked about their education. He was ciated all the help that he gave them.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2407 I know our time is running out. I did ‘‘Today, we owe a debt of gratitude With that, Mr. Speaker, I would yield want to first recognize my colleague, to Shelley Adler for sharing John with back the balance of my time. Mr. PASCRELL, and then after that, I countless New Jerseyans who, whether f wanted to read a statement from they know it or not, are better off be- former Governor Jon Corzine into the cause of her loving and generous hus- ENROLLED BILL SIGNED record because he had asked that I do band. Karen L. Haas, Clerk of the House, that this evening. ‘‘John’s true legacy, however, as reported and found truly enrolled a bill At this point I would yield to my col- Shelley would certainly attest, is found of the House of the following title, league from New Jersey. in four wonderful boys who will un- which was thereupon signed by the Mr. PASCRELL. I thank the gen- doubtedly enrich their communities Speaker: tleman for yielding. with the same spirit of compassion and H.R. 4. An act to repeal the expansion of I really am honored to be on the floor commitment to the greater good found information reporting requirements for pay- with two great congressmen, Congress- in their father. ments of $600 or more to corporations, and man PALLONE and Congressman LANCE. ‘‘While we mourn John’s passing, for other purposes. I know the three of us served in the may we also celebrate him by remem- f New Jersey legislature. John Adler was bering that our own lives are defined BILL PRESENTED TO THE a great New Jersey Senator. He was ev- by those moments when we decide to PRESIDENT erything but a Harvard man. In other stop and help someone else.’’ words, he didn’t act like a Harvard Those are the comments by former Karen L. Haas, Clerk of the House, man. You could connect with him. He Governor Corzine. reports that on March 30, 2011 she pre- was a human being, above everything Mr. Speaker, I know that Congress- sented to the President of the United else. He was tenacious on the campaign man HOLT before mentioned some of States, for his approval, the following trail, but he was more valuable as a the statements that were made by bill. public servant. He took what he did friends and relatives at John Adler’s H.R. 1079. To amend the Internal Revenue very seriously. He was sincere, very funeral this afternoon in Cherry Hill. I Code of 1986 to extend the funding and ex- hardworking. He did his homework be- did want to, if I could, just take a cou- penditure authority of the Airport and Air- fore each vote. He would never allow ple of excerpts here, as I know we only way Trust Fund, to amend title 49, United anyone to lead him by the nose to vote. have a few minutes left, that I would States Code, to extend the airport improve- Very independent thinker. Not unlike ment program, and for other purposes. like to enter into the RECORD, some PALLONE and LANCE. He was not a parts of the narrative of the funeral f Trenton guy. He was not a Washington that are mentioned in guy. He came here to do a job. ADJOURNMENT PolitickerNewJersey.com. I could not believe when I heard the Mr. LANCE. Mr. Speaker, I move It starts out by saying: news, a 51-year-old young man. Com- that the House do now adjourn. They came Wednesday to honor the pared to me he’s a young man. He had The motion was agreed to; accord- memory of John Adler, a New Jersey so much to give and he gave it. He real- ingly (at 9 o’clock and 59 minutes exemplar, a self-made man of Horatio ly loved the public that he served. He p.m.), under its previous order, the Alger levels, a man of law, a family will be greatly missed by Democrats House adjourned until tomorrow, man, and a man of the people. and Republicans on this floor. To his Rabbi Jerome David said, ‘‘John Thursday, April 7, 2011, at 10 a.m. wife, Shelley, and their four beautiful died—too soon, too young—after a 3- f sons, Jeff, Alex, Andrew, and Oliver, week battle in the hospital surrounded you have friends here. This is by no EXECUTIVE COMMUNICATIONS, by his family, surrounded by a very means the end. ETC. Growing up in Haddonfield and com- dedicated circle of friends. But he died knowing he used his intelligence and Under clause 2 of rule XIV, executive ing to Washington, it was no difference communications were taken from the to John Adler. He truly loved his fellow skills to help people—to really make a difference.’’ Speaker’s table and referred as follows: man. He truly did what he was sup- 1065. A letter from the Director, Regu- posed to do here on his mission. Folks Another rabbi spoke of his humble leadership, reading a passage in Hebrew latory Management Division, Environmental voted him here. Even when things Protection Agency, transmitting the Agen- didn’t go well in the last election, he and translating to English: ‘‘It is not cy’s final rule — Bacillus thuringiensis rose above. He was a winner in every the position that honors the man; rath- eCry3.1Ab Protein in Corn; Temporary Ex- sense of the word. God bless him. God er it is the man who has honored the emption from the Requirement of a Toler- bless our beautiful State. God bless the position. He saw himself as a public ance [EPA-HQ-OPP-2009-0609; FRL-8866-5] re- best country in the world. We remem- servant in the best sense.’’ The rabbi ceived March 10, 2011, pursuant to 5 U.S.C. ber John Adler this evening with fond recalled a particular moment that ex- 801(a)(1)(A); to the Committee on Agri- culture. memory. emplified John’s joie de vivre, when the Harvard-schooled pol would exit a 1066. A letter from the Director, Defense Thank you, FRANK. Procurement and Acquisition Policy, De- Mr. PALLONE. Thank you, my col- stage—ignoring completely the half- partment of Defense, transmitting the De- league. stack of steps attached to the side— partment’s final rule — Defense Federal Ac- I mentioned, Mr. Speaker, that and he would bound off the front onto quisition Regulation Supplement; Acquisi- former Governor Corzine, who worked the people’s floor. tion of Commercial Items (DFARS Case 2008- with John Adler for many years on ju- Two of his sons spoke at the funeral. D011) (RIN: 0750-AG23) received March 15, dicial and law enforcement issues while The eldest, Andrew, emotionally re- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Adler served in the State senate as called how much his father would get Committee on Armed Services. chairman of the Judiciary Committee from doing the mundane family things, 1067. A letter from the Director, Defense and Corzine, of course, was the Gov- like attending soccer games, yelling Procurement and Acquisition Policy, De- partment of Defense, transmitting the De- ernor at the time, he asked that I read some absurdity onto the field at tense partment’s final rule — Defense Federal Ac- this statement on the passing of Con- moments. ‘‘I will always miss him,’’ his quisition Regulation Supplement; Ownership gressman John Adler: son said. ‘‘But I know he was always or Control by a Foreign Government ‘‘Congressman John Adler was a dedi- proud of the ones he loved.’’ (DFARS Case 2010-D010) (RIN: 0750-AG78) re- cated public servant whose wit, intel- Lastly, Mr. Speaker, the rabbi con- ceived March 15, 2011, pursuant to 5 U.S.C. ligence, and drive enriched the public cluded the ceremony with a poem that 801(a)(1)(A); to the Committee on Armed debate in both the New Jersey state- ends: Services. house and in our Nation’s capital. For Perhaps my time seemed all too brief 1068. A letter from the Chief Counsel, nearly half his life, Congressman Adler FEMA, Department of Homeland Security, Don’t lengthen it now with undue transmitting the Department’s final rule — committed himself to the truly noble grief Final Flood Elevation Determinations idea that our government and our Lift up your hearts and share with [Docket ID: FEMA-2010-0003] received March great country can be a force for good in me 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the lives of so many citizens. God wanted me now, he set me free. the Committee on Financial Services.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2408 CONGRESSIONAL RECORD — HOUSE April 6, 2011 1069. A letter from the Chief Counsel, De- OCFO-0015] (RIN: 1890-AA16) received March 1089. A letter from the Senior Procurement partment of Homeland Security, transmit- 9, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Executive/Deputy Chief Acquisition Officer, ting the Department’s final rule — Changes the Committee on Education and the Work- General Services Administration, transmit- in Flood Elevation Determinations [Docket force. ting the Administration’s final rule — Fed- ID: FEMA-2011-0002] received March 4, 2011, 1080. A letter from the Assistant General eral Acquisition Regulation; Disclosure and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Counsel for Legislation, Regulation and En- Consistency of Cost Accounting Practices for mittee on Financial Services. ergy Efficiency, Department of Energy, Contracts Awarded to Foreign Concerns 1070. A letter from the Chief Counsel, transmitting the Department’s final rule — [FAC 2005-50; FAR Case 2009-025; Item VIII: FEMA, Department of Homeland Security, Energy Conservation Program for Consumer Docket 2010-0087, Sequence 1] (RIN: 9000- transmitting the Department’s final rule — Products: Test Procedure for Microwave AL58) received March 16, 2011, pursuant to 5 Changes in Flood Elevation Determinations Ovens [Docket No.: EERE-2008-BT-TP-0011] U.S.C. 801(a)(1)(A); to the Committee on [Docket ID: FEMA-2011-0002] [Internal Agen- (RIN: 1904-AB76) received March 11, 2011, pur- Oversight and Government Reform. cy Docket No.: FEMA-B-1177] received March suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1090. A letter from the Senior Procurement 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Energy and Commerce. Executive/Deputy Chief Acquisition Officer, the Committee on Financial Services. 1081. A letter from the Director, Regu- General Services Administration, transmit- 1071. A letter from the Associate General latory Management Division, Environmental ting the Administration’s final rule — Fed- Counsel for Legislation and Regulations Di- Protection Agency, transmitting the Agen- eral Acquisition Regulation; Compensation visions, Department of Housing and Urban cy’s final rule — National Priorities List, for Personal Services [FAC 2005-50; FAR Case Development, transmitting the Depart- Final Rule No. 51 [EPA-HQ-SFUND-2010-0072, 2009-026; Item IX; Docket 2010-0088, Sequence ment’s final rule — Public Housing Evalua- 0073, 0075, 0634, 0636, 0638, 0639, 0643, 0645, 0646; 1] (RIN: 9000-AL54) received March 16, 2011, tion and Oversight: Changes to the Public FRL-9277-8] (RIN: 2050-AD75) received March pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Housing Assessment System (PHAS) and De- 10, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Oversight and Government Re- termining and Remedying Substantial De- the Committee on Energy and Commerce. form. fault [Docket No.: FR-5094-I-02] (RIN: 2577- 1082. A letter from the Director, Regu- 1091. A letter from the Senior Procurement AC68) received March 8, 2011, pursuant to 5 latory Management Division, Environmental Executive/Deputy Chief Acquisition Officer, U.S.C. 801(a)(1)(A); to the Committee on Fi- Protection Agency, transmitting the Agen- General Services Administration, transmit- nancial Services. cy’s final rule — National Emission Stand- ting the Administration’s final rule — Fed- 1072. A letter from the Legal Information ards for Hazardous Air Pollutants for Chem- eral Acquisition Regulation; Federal Acqui- Assistant, Department of the Treasury, ical Manufacturing Area Source [EPA-HQ- sition Circular 2005-50; Small Entity Compli- transmitting the Department’s final rule — OAR-2008-0334; FRL-9279-8] (RIN: 2060-AQ89) ance Guide [Docket: FAR 2011-0077, Sequence Standards Governing the Release of a Sus- received March 10, 2011, pursuant to 5 U.S.C. 2] received March 16, 2011, pursuant to 5 picious Activity Report [Docket ID: OTS- 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on 2010-0016] (RIN: 1550-AC28) received March 9, Commerce. Oversight and Government Reform. 1083. A letter from the Director, Regu- 1092. A letter from the Senior Procurement 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Divison, Environmental Executive/Deputy Chief Acquisition Officer, Committee on Financial Services. Protection Agency, transmitting the Agen- 1073. A letter from the Legal Information General Services Administration, transmit- cy’s final rule — Approval of One-Year Ex- Assistant, Department of the Treasury, ting The Administration’s final rule — Fed- tension for Attaining the 1997 8-Hour Ozone transmitting the Department’s final rule — eral Acquisition Regulation; Technical Standard in the Baltimore Moderate Non- Stock Benefit Plans in Mutual-to-Stock Con- Amendments [FAC 2005-50; Item X; Docket attainment Area [EPA-R03-OAR-2010-0431; 2011-0078; Sequence 1] received March 16, 2011, versions and Mutual Holding Company FRL-9278-8] received March 10, 2011, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Structures [No. OTS-2007-0014] (RIN: 1550- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Oversight and Government Re- AC07) received March 11, 2011, pursuant to 5 Energy and Commerce. form. U.S.C. 801(a)(1)(A); to the Committee on Fi- 1084. A letter from the Director, Regu- 1093. A letter from the Senior Procurement nancial Services. latory Management Division, Environmental Executive/Deputy Chief Acquisition Officer, 1074. A letter from the Legal Information Protection Agency, transmitting the Agen- General Services Administration, transmit- Assistant, Department of the Treasury, cy’s final rule — Approval and Promulgation ting The Administration’s final rule — Fed- transmitting the Department’s final rule — of Air Quality Implementation Plans; eral Acquisition Regulation; Trade Agree- Permissible Activities of Savings and Loan Virgina; Revisions to the Open Burning Reg- ments Thresholds [FAC: 2005-50; FAR Case Holding Companies [Docket ID: OTS-2007- ulations [EPA-R03-OAR-2010-0903 FRL-9278-7] 2009-040; Item VII; Docket 2010-0092, Sequence 0007] (RIN: 1550-AC10) received March 11, 2011, received March 10, 2011, pursuant to 5 U.S.C. 1] (RIN: 9000-AL57) received March 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Energy and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. Commerce. mittee on Oversight and Government Re- 1075. A letter from the Legal Information 1085. A letter from the Chief of Staff, Media form. Assistant, Department of the Treasury, Bureau, Federal Communications Commis- 1094. A letter from the Senior Procurement transmitting the Department’s final rule — sion, transmitting the Commission’s final Executive/Deputy Chief Acquisition Officer, Personal Transactions in Securities [Docket rule — Amendment of Section 73.202(b), General Services Administration, transmit- ID: OTS-2007-0010] (RIN: 1550-AC16) received Table of Allotments, FM Broadcast Stations. ting The Administration’s final rule — Fed- March 11, 2011, pursuant to 5 U.S.C. (Lake Brownwood and Early, Texas) [MB eral Acquisition Regulation; Use of Commer- 801(a)(1)(A); to the Committee on Financial Docket No. 09-181] received March 17, 2011, cial Services Item Authority [FAC 2005-50; Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAR Case 2008-034; Item VI; Docket 2009-0035, 1076. A letter from the Legal Information mittee on Energy and Commerce. Sequence 1] (RIN: 9000-AL44) received March Assistant, Department of the Treasury, 1086. A letter from the Chief, Satellite Di- 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Department’s final rule — vision, International Bureau, Federal Com- the Committee on Oversight and Govern- Prohibited Service at Savings and Loan munications Commission, transmitting the ment Reform. Holding Companies [OTS-2007-0008] (RIN: Commission’s final rule — Telesat Canada 1095. A letter from the Chief, Border Secu- 1550-AC14) received March 11, 2011, pursuant Petitions for Reconsideration [IB Docket rity Regulations Branch, Department of to 5 U.S.C. 801(a)(1)(A); to the Committee on No.: 06-123] March 4, 2011, pursuant to 5 Homeland Security, transmitting the De- Financial Services. U.S.C. 801(a)(1)(A); to the Committee on En- partment’s final rule — Clarification of 1077. A letter from the Legal Information ergy and Commerce. Countries and Geographic Areas Eligible for Assistant, Department of the Treasury, 1087. A letter from the Chief of Staff, Media Participation in the Guam-Commonwealth transmitting the Department’s final rule — Bureau, Federal Communications Commis- of the Northern Mariana Islands Visa Waiver Community Reinvestment Act-Community sion, transmitting the Commission’s final Program [USCBP-2011-0007; CBP Dec. 11-07] Development [No. 2006-16] (RIN: 1550-AB48) rule — Amendment of Section 73.202(b) table (RIN: 1651-AA81) received March 16, 2011, pur- received March 11, 2011, pursuant to 5 U.S.C. of Allotments, FM Broadcast Stations. (Wil- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Financial low Creek, California) (MB Docket No.: 10- mittee on the Judiciary. Services. 189) received March 4, 2011, pursuant to 5 1096. A letter from the Attorney Advisor, 1078. A letter from the Legal Information U.S.C. 801(a)(1)(A); to the Committee on En- Department of Homeland Security, transmit- Assistant, Department of the Treasury, ergy and Commerce. ting the Department’s final rule — Security transmitting the Department’s final rule — 1088. A letter from the Assistant Secretary Zones; Sabine Bank Channel, Sabine Pass Confidentiality of Suspicious Activity Re- for Export Administration, Department of Channel and Sabine-Neches Waterway, TX ports [Docket ID: OTS-2010-0015] (RIN: 1550- Commerce, transmitting the Department’s [Docket No.: USCG-2009-0316] (RIN: 1625- AC26) received March 9, 2011, pursuant to 5 final rule — Amendment to the Export Ad- AA87) received March 18, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- ministration Regulations: Part 750- Applica- U.S.C. 801(a)(1)(A); to the Committee on nancial Services. tion Processing, Issuance, and Denial [Dock- Transportation and Infrastructure. 1079. A letter from the Secretary, Depart- et No.: 110224164-1168-02] (RIN: 0694-AF16) re- 1097. A letter from the Attorney Advisor, ment of Education, transmitting the Depart- ceived March 8, 2011, pursuant to 5 U.S.C. Department of Homeland Security, transmit- ment’s final rule — Department of Education 801(a)(1)(A); to the Committee on Foreign Af- ting the Department’s final rule — Draw- Acquisition Regulation [Docket ID: ED-2010- fairs. bridge Operation Regulations; New Jersey

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — HOUSE H2409 Intracoastal Waterway, Manasquan River REPORTS OF COMMITTEES ON H.R. 1381. A bill to prevent and reduce the [CGD05-05-079] (RIN: 1625-AA09) received PUBLIC BILLS AND RESOLUTIONS use of physical restraint and seclusion in March 16, 2011, pursuant to 5 U.S.C. schools, and for other purposes; to the Com- 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of the rule XIII, re- mittee on Education and the Workforce. tation and Infrastructure. ports of committees were delivered to By Mr. MCGOVERN (for himself and the Clerk for printing and reference to Mrs. EMERSON): 1098. A letter from the Attorney Advisor, H.R. 1382. A bill to require the President to Department of Homeland Security, transmit- the proper calendar, as follows: call a White House Conference on Food and ting the Department’s final rule — Safety Mr. CAMP: Committee on Ways and Nutrition; to the Committee on Agriculture. Zone; 1000 yard radius from position 29 de- Means. H.R. 1232. A bill to amend the Inter- By Mr. MILLER of Florida (for himself grees 48.77 ’N 091 degrees 3.02 ’W, Charenton nal Revenue Code of 1986 to eliminate certain tax benefits relating to abortion; with an and Mr. STUTZMAN): Drainage and Navigation Canal, St. Mary H.R. 1383. A bill to temporarily preserve amendment (Rept. 112–55). Referred to the Parish, LA [Docket No.: USCG-2010-0979] higher rates for tuition and fees for pro- Committee of the Whole House on the State (RIN: 1625-AA00) received March 18, 2011, pur- grams of education at non-public institu- of the Union. suant to 5 U.S.C. 801(a)(1)(A); to the Com- tions of higher learning pursued by individ- Ms. FOXX: Committee on Rules. House mittee on Transportation and Infrastruc- uals enrolled in the Post-9/11 Educational As- Resolution 206. A resolution providing for ture. sistance Program of the Department of Vet- consideration of the bill (H.R. 1363) making 1099. A letter from the Chief, Trade and erans Affairs before the enactment of the appropriations for the Department of De- Commerical Regulations Branch, Depart- Post-9/11 Veterans Educational Assistance fense for the fiscal year ending September 30, ment of Homeland Security, transmitting Improvements Act of 2010, and for other pur- 2011, and for other purposes; and waiving a the Department’s final rule — Country of Or- poses; to the Committee on Veterans’ Af- requirement of clause 6(a) of rule XIII with igin of Textile and Apparel Products fairs. respect to consideration of certain resolu- [USCBP-2005-0009] (RIN: 1515-AD57) (For- By Mr. HELLER (for himself and Mr. tions reported from the Committee on Rules merly RIN: 1505-AB60) received March 14, BLUMENAUER): (Rept. 112–56). Referred to the House Cal- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1384. A bill to amend the Internal Rev- endar. Committee on Ways and Means. enue Code of 1986 to temporarily increase the f investment tax credit for geothermal energy 1100. A letter from the Chief, Trade and property; to the Committee on Ways and Commercial Regulations Branch, Depart- PUBLIC BILLS AND RESOLUTIONS Means. ment of Homeland Security, transmitting Under clause 2 of rule XII, public By Mr. PITTS (for himself and Mr. the Department’s final rule — Extension of bills and resolutions of the following DAVIS of Illinois): Import Restriction Imposed on Certain Ar- H.R. 1385. A bill to repeal the sugar price chaeological and Ethnological Materials titles were introduced and severally referred, as follows: support program and marketing allotments from Colombia (RIN: 1515-AD73) received for sugar, and for other purposes; to the March 11, 2011, pursuant to 5 U.S.C. By Mr. SULLIVAN (for himself, Mr. Committee on Agriculture. 801(a)(1)(A); to the Committee on Ways and BOREN, Mr. LARSON of Connecticut, By Mr. MARKEY (for himself, Mr. Means. Mr. BRADY of Texas, Mr. MCCAUL, Ms. SMITH of New Jersey, Ms. BORDALLO, 1101. A letter from the Chief Counsel, De- SUTTON, Mr. GENE GREEN of Texas, Mr. BURGESS, Mrs. CHRISTENSEN, Mr. partment of the Treasury, transmitting the Mr. SHUSTER, Mr. SIMPSON, Mr. BACH- GRIJALVA, Mr. MCDERMOTT, and Mr. Department’s final rule — Sale and Issue of US, Mr. ALEXANDER, Mr. GRIMM, Mr. PIERLUISI): Marketable Book-Entry Treasury Bills, BURTON of Indiana, Mr. THOMPSON of H.R. 1386. A bill to amend title XVIII of the ´ Notes, and Bonds: Minimum Interest Rate Pennsylvania, Mr. LUJAN, Mr. CRITZ, Social Security Act to provide for Medicare [Docket No.: BPD GSRS 11-01] received Mr. BISHOP of Georgia, Mr. CUELLAR, coverage of comprehensive Alzheimer’s dis- March 8, 2011, pursuant to 5 U.S.C. Mr. DOYLE, Ms. KAPTUR, Mr. KISSELL, ease and related dementia diagnosis and 801(a)(1)(A); to the Committee on Ways and Mr. LIPINSKI, Mr. MATHESON, Mr. services in order to improve care and out- Means. MURPHY of Connecticut, Mr. ROSS of comes for Americans living with Alzheimer’s Arkansas, Mr. LUCAS, Mr. WELCH, Mr. disease and related dementias by improving 1102. A letter from the Chief, Publications COLE, Mr. MCINTYRE, Mr. BILBRAY, detection, diagnosis, and care planning; to and Regulations Branch, Internal Revenue Mr. CULBERSON, Mrs. BLACKBURN, Mr. the Committee on Energy and Commerce, Service, transmitting the Service’s final rule DONNELLY of Indiana, Mr. BOUSTANY, and in addition to the Committee on Ways — Disclosure of Return Information in Con- Mr. FLEMING, Mr. CHANDLER, Mr. and Means, for a period to be subsequently nection with Written Contracts Among the HALL, Mrs. CAPITO, Mr. JONES, Mr. determined by the Speaker, in each case for IRS, Whistleblowers, and Legal Representa- MURPHY of Pennsylvania, Mr. ROGERS consideration of such provisions as fall with- tives of Whistleblowers [TD 9516] (RIN: 1545- of Alabama, Mr. PERLMUTTER, Mr. in the jurisdiction of the committee con- BG73) received March 16, 2011, pursuant to 5 ALTMIRE, Mr. GARDNER, Mr. cerned. U.S.C. 801(a)(1)(A); to the Committee on CONAWAY, Mr. RYAN of Ohio, Mr. SES- By Mr. MCHENRY (for himself, Mr. Ways and Means. SIONS, Mr. HOLT, Mr. TONKO, Mr. ISSA, and Mr. ROSS of Florida): 1103. A letter from the Acting Protected SABLAN, Mr. PETERS, Ms. DEGETTE, H.R. 1387. A bill to amend the Emergency Critical Infrastructure Information (PCII) Mr. CAPUANO, Mr. COURTNEY, Mr. Economic Stabilization Act of 2008 to give Program Manager, Department of Homeland CLAY, Mr. THOMPSON of California, the Special Inspector General oversight over Security, transmitting the Department’s Mr. LOEBSACK, Mr. BARTON of Texas, the Small Business Lending Fund; to the final rule — Procedures for Handling Critical Mr. ISSA, Mr. GALLEGLY, Mr. HARPER, Committee on Financial Services. Infrastructure Information (RIN: 1601-AA14) Mr. BISHOP of Utah, Mr. TERRY, Mr. By Mr. COFFMAN of Colorado (for received March 9, 2011, pursuant to 5 U.S.C. COSTA, Mr. BARROW, Ms. FUDGE, Mr. himself, Mr. PETERS, Mr. LATTA, Mrs. 801(a)(1)(A); to the Committee on Homeland CLEAVER, Mr. SERRANO, Mr. WU, Mr. LUMMIS, and Mrs. MCMORRIS ROD- Security. PASCRELL, Mr. SCALISE, Mrs. BONO GERS): MACK, Mr. BOSWELL, Mrs. LUMMIS, H.R. 1388. A bill to reestablish a competi- 1104. A letter from the Director, Office of Mr. LANKFORD, Mr. REHBERG, and Mr. tive domestic rare earths minerals produc- SAFETY Act Implementation, Department MARCHANT): tion industry; a domestic rare earth proc- of Homeland Security, transmitting the De- H.R. 1380. A bill to amend the Internal Rev- essing, refining, purification, and metals partment’s final rule — Regulations Imple- enue Code of 1986 to encourage alternative production industry; a domestic rare earth menting the Support Anti-terrorism by Fos- energy investments and job creation; to the metals alloying industry; and a domestic tering Effective Technologies Act of 2002 (the Committee on Ways and Means, and in addi- rare-earth-based magnet production industry SAFETY Act) [USCG-2003-15425] (RIN: 1601- tion to the Committees on Science, Space, and supply chain in the Defense Logistics AA15) received March 9, 2011, pursuant to 5 and Technology, and Energy and Commerce, Agency of the Department of Defense; to the U.S.C. 801(a)(1)(A); to the Committee on for a period to be subsequently determined Committee on Science, Space, and Tech- Homeland Security. by the Speaker, in each case for consider- nology, and in addition to the Committees 1105. A letter from the Program Manager, ation of such provisions as fall within the ju- on Natural Resources, and Armed Services, Department of Health and Human Services, risdiction of the committee concerned. for a period to be subsequently determined transmitting the Department’s final rule — By Mr. GEORGE MILLER of California by the Speaker, in each case for consider- Medicare Program; Revisions to the Reduc- (for himself, Mr. LANGEVIN, Mr. ation of such provisions as fall within the ju- tions and Increases to Hospitals’ FTE Resi- POLIS, Mr. HOLT, Mr. HIMES, Mr. risdiction of the committee concerned. dent Caps for Graduate Medical Education HARPER, Mr. SABLAN, Mr. KILDEE, Mr. By Mr. SMITH of New Jersey (for him- Payment Purposes [CMS-1430-IFC] (RIN: GRIJALVA, Mr. LOEBSACK, Mr. HIN- self, Mr. WOLF, and Mr. MCCOTTER): 0938-AQ92) received March 14, 2011, pursuant CHEY, Mr. PAYNE, Mr. HINOJOSA, Mr. H.R. 1389. A bill to prevent United States to 5 U.S.C. 801(a)(1)(A); jointly to the Com- BISHOP of New York, Ms. WOOLSEY, businesses from cooperating with repressive mittees on Ways and Means and Energy and Mrs. MCCARTHY of New York, Ms. governments in transforming the Internet Commerce. HIRONO, and Mr. SCOTT of Virginia): into a tool of censorship and surveillance, to

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fulfill the responsibility of the United States GEORGE MILLER of California, Ms. By Mr. KILDEE (for himself, Mr. DIN- Government to promote freedom of expres- PELOSI, Mr. HOYER, Mr. CONYERS, Ms. GELL, Mr. LEVIN, Mr. RYAN of Ohio, sion on the Internet, to restore public con- BALDWIN, Mr. POLIS, Mr. CICILLINE, Mr. HINCHEY, and Mr. PETERS): fidence in the integrity of United States Mr. NADLER, Mr. ANDREWS, Ms. RICH- H.R. 1402. A bill to authorize the Architect businesses, and for other purposes; to the ARDSON, Mr. DOYLE, Ms. SPEIER, Mr. of the Capitol to establish battery re- Committee on Foreign Affairs, and in addi- HOLT, Mrs. LOWEY, Mr. PETERS, Mr. charging stations for privately owned vehi- tion to the Committee on Energy and Com- ISRAEL, Ms. CHU, Mr. WU, Ms. cles in parking areas under the jurisdiction merce, for a period to be subsequently deter- DEGETTE, Mr. BERMAN, Mr. JACKSON of the House of Representatives at no net mined by the Speaker, in each case for con- of Illinois, Mr. ACKERMAN, Ms. cost to the Federal Government; to the Com- sideration of such provisions as fall within CLARKE of New York, Mr. TOWNS, Mr. mittee on House Administration. the jurisdiction of the committee concerned. MCDERMOTT, Mr. GRIJALVA, Mrs. By Mr. KINGSTON: By Mr. SHUSTER (for himself, Ms. DAVIS of California, Mr. LOEBSACK, H.R. 1403. A bill to authorize the Secretary EDDIE BERNICE JOHNSON of Texas, and Mr. MORAN, Ms. TSONGAS, Mr. SAR- of the Interior to conduct a special resource Mr. HOLDEN): BANES, Ms. LINDA T. SA´ NCHEZ of Cali- study of Point Peter in St. Marys, Georgia, H.R. 1390. A bill to amend title 49, United fornia, Mr. KEATING, Mr. FILNER, Mr. and for other purposes; to the Committee on States Code, to provide for enhanced motor- COOPER, Ms. SUTTON, Mr. QUIGLEY, Natural Resources. coach safety, and for other purposes; to the Mr. WAXMAN, Ms. LEE of California, By Mr. LARSON of Connecticut (for Committee on Transportation and Infra- Mr. CONNOLLY of Virginia, Mr. himself, Ms. PINGREE of Maine, Mr. structure, and in addition to the Committees COURTNEY, Mr. LARSEN of Wash- JONES, Ms. BALDWIN, Mr. BRALEY of on Energy and Commerce, Ways and Means, ington, Mr. HINCHEY, Mr. MARKEY, Iowa, Mr. BUTTERFIELD, Mr. and Small Business, for a period to be subse- Mr. TIERNEY, Mr. OLVER, Mr. CAPUANO, Mr. COHEN, Mr. CONYERS, quently determined by the Speaker, in each CAPUANO, Mr. FARR, Ms. Mr. COOPER, Mr. COURTNEY, Mrs. case for consideration of such provisions as SCHAKOWSKY, Mrs. MALONEY, Mr. DIN- DAVIS of California, Ms. DELAURO, GELL UTIERREZ TARK fall within the jurisdiction of the committee , Mr. G , Mr. S , Mr. Mr. DOYLE, Ms. EDWARDS, Mr. SCOTT of Virginia, Mr. PLATTS, Mr. concerned. ELLISON, Ms. ESHOO, Mr. FILNER, Mr. CROWLEY, Mr. SERRANO, Ms. ESHOO, By Mr. MCKINLEY (for himself, Mr. GRIJALVA, Mr. HEINRICH, Mr. HIN- Ms. ROYBAL-ALLARD, Mr. HONDA, Ms. WHITFIELD, Mr. RAHALL, Mr. HOLDEN, CHEY, Ms. HIRONO, Mr. HOLT, Mr. SCHWARTZ, Ms. MOORE, Mrs. CAPPS, Mr. TERRY, Mrs. CAPITO, Mr. OLSON, HONDA, Mr. ISRAEL, Mr. JACKSON of Mr. PRICE of North Carolina, Mr. Mr. BARTON of Texas, Mr. POMPEO, Illinois, Mr. KUCINICH, Ms. LEE of SHERMAN, Mr. BECERRA, Ms. ZOE Mr. GIBBS, Mr. GUTHRIE, Mr. California, Mr. LEWIS of Georgia, Mr. LOFGREN of California, Ms. DELAURO, KINZINGER of Illinois, Mrs. MCMORRIS LOEBSACK, Mr. LUJA´ N, Ms. MATSUI, Mr. SCHIFF, Mr. HEINRICH, Mr. RAN- RODGERS, Mr. CRITZ, Mr. MURPHY of Mr. MCDERMOTT, Mr. GEORGE MILLER GEL, Mr. ROTHMAN of New Jersey, Mr. Pennsylvania, and Mr. GRIFFITH of of California, Mr. MURPHY of Con- SIRES, Mr. BRADY of Pennsylvania, Virginia): necticut, Mr. NADLER, Mr. OLVER, Mr. BOSWELL, Mr. BRALEY of Iowa, H.R. 1391. A bill to prohibit the Environ- Mr. POLIS, Mr. ROTHMAN of New Jer- Ms. CASTOR of Florida, Mr. LEVIN, mental Protection Agency from regulating sey, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. MCGOVERN, Mr. FATTAH, Mr. HIG- fossil fuel combustion waste under subtitle C Mr. SHERMAN, Mr. STARK, Mr. TONKO, GINS, Mrs. NAPOLITANO, Ms. BERKLEY, of the Solid Waste Disposal Act; to the Com- Ms. TSONGAS, Ms. WOOLSEY, and Mr. Mr. LUJA´ N, Mr. MICHAUD, Mr. mittee on Energy and Commerce. YARMUTH): WEINER, Mr. HASTINGS of Florida, Ms. By Mr. FITZPATRICK: H.R. 1404. A bill to reform the financing of H.R. 1392. A bill to provide assistance to WOOLSEY, Ms. HIRONO, Mrs. BIGGERT, House elections, and for other purposes; to veterans and veteran-owned businesses with Ms. NORTON, Ms. MCCOLLUM, Mr. VAN the Committee on House Administration. respect to contract opportunities, and for HOLLEN, Ms. PINGREE of Maine, Mr. By Mr. LATTA: other purposes; to the Committee on Over- ENGEL, Ms. WASSERMAN SCHULTZ, Mr. H.R. 1405. A bill to prohibit the Environ- sight and Government Reform. LEWIS of Georgia, Mr. COHEN, Mr. mental Protection Agency from regulating By Mr. BUCHANAN: DEUTCH, Mr. PASCRELL, Ms. WATERS, H.R. 1393. A bill to reform the Bureau of Mr. KILDEE, Mr. INSLEE, Mr. coal combustion byproducts as hazardous Ocean Energy Management, Regulation and LANGEVIN, Mr. SMITH of Washington, waste under subtitle C of the Solid Waste Enforcement and offshore drilling for oil and Mr. LYNCH, Mr. NEAL, Mr. CUMMINGS, Disposal Act, and for other purposes; to the gas, to repeal the limitation of liability of a Mr. LARSON of Connecticut, and Ms. Committee on Energy and Commerce. responsible party for discharge of oil from an FUDGE): By Mr. MATHESON (for himself and offshore facility, and for other purposes; to H.R. 1397. A bill to prohibit employment Mr. TERRY): the Committee on Natural Resources, and in discrimination on the basis of sexual ori- H.R. 1406. A bill to provide pet owners the addition to the Committee on Transpor- entation or gender identity; to the Com- ability to receive a copy of veterinary pre- tation and Infrastructure, for a period to be mittee on Education and the Workforce, and scriptions, and for other purposes; to the subsequently determined by the Speaker, in in addition to the Committees on House Ad- Committee on Energy and Commerce. each case for consideration of such provi- ministration, Oversight and Government Re- By Mr. RUNYAN (for himself and Mr. sions as fall within the jurisdiction of the form, and the Judiciary, for a period to be STUTZMAN): committee concerned. subsequently determined by the Speaker, in H.R. 1407. A bill to increase, effective as of each case for consideration of such provi- By Mrs. CHRISTENSEN (for herself December 1, 2011, the rates of compensation sions as fall within the jurisdiction of the and Mr. LOBIONDO): for veterans with service-connected disabil- H.R. 1394. A bill to establish a comprehen- committee concerned. ities and the rates of dependency and indem- sive interagency response to reduce lung By Mr. GRAVES of Missouri (for him- nity compensation for the survivors of cer- cancer mortality in a timely manner; to the self and Mr. KIND): tain disabled veterans, and for other pur- H.R. 1398. A bill to amend title XVIII of the Committee on Energy and Commerce, and in poses; to the Committee on Veterans’ Af- Social Security Act to treat certain provider addition to the Committees on Armed Serv- fairs. taxes as allowable costs for purposes of Medi- By Mr. YOUNG of Alaska (for himself, ices, and Veterans’ Affairs, for a period to be care reimbursements to critical access hos- subsequently determined by the Speaker, in Mr. PIERLUISI, Mr. FALEOMAVAEGA, pitals; to the Committee on Ways and Mr. SABLAN, Ms. BORDALLO, Mr. each case for consideration of such provi- Means. BOREN, Mr. DENHAM, Mr. BENISHEK, sions as fall within the jurisdiction of the By Mr. GRIMM (for himself and Mr. committee concerned. Mr. LUJA´ N, and Ms. HANABUSA): BISHOP of New York): H.R. 1408. A bill to provide for the settle- By Mr. COHEN (for himself, Mr. H.R. 1399. A bill to amend the Internal Rev- ment of certain claims under the Alaska Na- CLARKE of Michigan, and Ms. MOORE): enue Code of 1986 to permanently extend and tive Claims Settlement Act, and for other H.R. 1395. A bill to direct the Secretary of expand the additional standard deduction for Transportation to establish a grant program real property taxes for nonitemizers; to the purposes; to the Committee on Natural Re- to assist the development of aerotropolis Committee on Ways and Means. sources. transportation systems, and for other pur- By Mr. HELLER (for himself, Ms. By Mr. WALSH of Illinois (for himself, Mr. BUCHANAN, Mr. HUELSKAMP, Mr. poses; to the Committee on Transportation BERKLEY, and Mr. HECK): and Infrastructure. H.R. 1400. A bill to validate final patent BISHOP of Utah, Mr. CHAFFETZ, Mr. By Mr. CRITZ (for himself, Mr. number 27-2005-0081, and for other purposes; STUTZMAN, Mrs. HARTZLER, Mr. HOLDEN, and Mr. MCKINLEY): to the Committee on Natural Resources. MARINO, Mr. REHBERG, Mrs. H.R. 1396. A bill to amend the Workforce By Ms. KAPTUR: MCMORRIS RODGERS, Mr. BROOKS, Mr. Investment Act of 1998, to authorize a na- H.R. 1401. A bill to amend the Federal Re- FRANKS of Arizona, Mr. LANCE, Mr. tional grant program for on-the-job training; serve Act to alter the terms and conditions HELLER, and Mr. LABRADOR): to the Committee on Education and the applicable to members of the Board of Gov- H.J. Res. 54. A joint resolution proposing Workforce. ernors of the Federal Reserve System, and an amendment to the Constitution of the By Mr. FRANK of Massachusetts (for for other purposes; to the Committee on Fi- United States relative to balancing the budg- himself, Ms. ROS-LEHTINEN, Mr. nancial Services. et; to the Committee on the Judiciary.

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The power of Congress to make law regard- The Congress shall have power to dispose f ing providing for the general welfare of the of and make all needful rules and regulations CONSTITUTIONAL AUTHORITY United States, as enumerated in Article I, respecting the territory or other property STATEMENT Section 8, Clause 1 of the United States Con- belonging to the United States; and nothing stitution. in this Constitution shall be so construed as Pursuant to clause 7 of rule XII of By Mr. SMITH of New Jersey: to prejudice any claims of the United States, the Rules of the House of Representa- H.R. 1389. or of any particular state. tives, the following statements are sub- Congress has the power to enact this legis- By Ms. KAPTUR: mitted regarding the specific powers lation pursuant to the following: H.R. 1401. Article I, Section 8, Clause 3 granted to Congress in the Constitu- Congress has the power to enact this legis- To regulate Commerce with foreign Na- lation pursuant to the following: tion to enact the accompanying bill or tions, and among the several States, and Article 1 Section 8 joint resolution. with the Indian Tribes. By Mr. KILDEE: By Mr. SULLIVAN: By Mr. SHUSTER: H.R. 1402. H.R. 1380. H.R. 1390. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legislation pursuant to the following: lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 3: [The Con- Article(s) I, Section 8, Clause 1, Article I, Clause 3, of Section 8, of Article I of the gress shall have Power] To regulate Com- Section 8, Clause 3 of the United States Con- Constitution. merce with foreign Nations, and among the stitution and the Sixteenth Amendment of By Mr. MCKINLEY: several States, and with the Indian tribes; the United States Constitution. H.R. 1391. By Mr. KINGSTON: H.R. 1403. By Mr. GEORGE MILLER of Cali- Congress has the power to enact this legis- Congress has the power to enact this legis- fornia: lation pursuant to the following: According to Article I, Section 8, Clause 3 lation pursuant to the following: H.R. 1381. Article 1, Section 8: The Congress shall of the Constitution: The Congress shall have Congress has the power to enact this legis- have Power To lay and collect Taxes, Duties, power to enact this legislation to regulate lation pursuant to the following: Imposts and Excises, to pay the Debts and commerce with foreign nations, and among Art. 1 sec. 1 provide for the common Defence and general the several states, and with the Indian Art. 1 sec. 3 Welfare of the United States; but all Duties, tribes. Art. 1 sec. 8 Imposts and Excises shall be uniform By Mr. FITZPATRICK: By Mr. MCGOVERN: throughout the United States; H.R. 1392. H.R. 1382. By Mr. LARSON of Connecticut: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1404. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Clause 1, Section 8, of Article 1, which The authority to enact this bill is pursuant lation pursuant to the following: gives Congress the power to provide for the to the Necessary and Proper Clause—Article Article I, Section 4, Clause 1 general welfare. 1, Section 8, Clause 18 of the Constitution. The Times, Places and Manner of holding By Mr. MILLER of Florida: By Mr. BUCHANAN: Elections for Senators and Representatives, H.R. 1383. H.R. 1393. shall be prescribed in each State by the Leg- Congress has the power to enact this legis- Congress has the power to enact this legis- islature thereof; but Congress may at any lation pursuant to the following: lation pursuant to the following: time make or alter such Regulations, except Clauses 12, 13, 14, and 18 of Section 8 of Ar- The constitutional authority on which this as to the Place of chusing Senators. resolution rests is the power of Congress as ticle 1 of the Constitution and enumerated in Article 1 Section 8 of the By Mr. HELLER: Article I, Section 8, Clause 3 H.R. 1384. United States Constitution. By Mrs. CHRISTENSEN: The Congress shall have Power To regulate Congress has the power to enact this legis- Commerce with foreign Nations, and among lation pursuant to the following: H.R. 1394. Congress has the power to enact this legis- the several States, and with the Indian Clause 1 of Section 8 of Article I of the Tribes. United States Constitution and Amendment lation pursuant to the following: The constitutional authority on which this By Mr. LATTA: XVI of the United States Constitution. H.R. 1405. bill rests is the power of Congress to enact By Mr. PITTS: Congress has the power to enact this legis- bills pursuant to clause 1 of section 8 of arti- H.R. 1385. lation pursuant to the following: Congress has the power to enact this legis- cle I of the Constitution. This resolution is enacted pursuant to Ar- lation pursuant to the following: By Mr. COHEN: ticle I, Section 8, Clause of the United States Article I, Sect.8 H.R. 1395. Constitution. By Mr. MARKEY: Congress has the power to enact this legis- By Mr. MATHESON: H.R. 1386. lation pursuant to the following: H.R. 1406. Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the United Congress has the power to enact this legislation pursuant to the following: States Constitution. lation pursuant to the following: Article I, Section 8, Clause 18 of the United By Mr. CRITZ: Article I, Section 8, Clause 3. States Constitution. H.R. 1396. By Mr. RUNYAN: By Mr. MCHENRY: Congress has the power to enact this legis- H.R. 1407. H.R. 1387. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Section 8 of Article 1 of the Constitution. lation pursuant to the following: lation pursuant to the following: By Mr. FRANK of Massachusetts: Article I, Section 8 of the Constitution of Article 1, section 8, clause 1 (relating to H.R. 1397. the United States. the general welfare of the United States), Congress has the power to enact this legis- By Mr. YOUNG of Alaska: clause 3 (relating to the power to regulate lation pursuant to the following: H.R. 1408. Congress has the power to enact this legis- interstate commerce), and clause 18. Clause 3 of section 8 of article I of the Con- lation pursuant to the following: By Mr. COFFMAN of Colorado: stitution; clause 18 of section 8 of article I of Article IV, Section 3, Clause 2 and Article H.R. 1388. the Constitution; section 5 of Amendment 1, Section 8, Clause 3. Congress has the power to enact this legis- XIV to the Constitution. By Mr. WALSH of Illinois: lation pursuant to the following: By Mr. GRAVES of Missouri: H.R. 1398. H.J. Res. 54. The constitutional authorities on which Congress has the power to enact this legis- Congress has the power to enact this legis- this bill rests are: lation pursuant to the following: lation pursuant to the following: The power of Congress to make law regard- Article V of the United States Constitu- Article I, Section 8, Clause 3; and including the raising and supporting of armies and tion. ing, but not solely limited to Article I, Sec- to provide and maintain a navy, as enumer- tion 8, Clause 14. f ated in Article I, Section 8, Clause 12 and 13 By Mr. GRIMM: of the United States Constitution; ADDITIONAL SPONSORS H.R. 1399. And Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors The power of Congress to make law regard- lation pursuant to the following: were added to public bills and resolu- ing the needful rules and regulations respect- Article I, Section 8, Clause I. tions as follows:

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H.R. 3: Mr. LEWIS of California and Mr. H.R. 790: Mr. BLUMENAUER. H.R. 1231: Mr. NUNNELEE, Mr. MCKEON, Mr. HOLDEN. H.R. 812: Mr. WELCH and Mr. SMITH of New BURTON of Indiana, Mr. KLINE, Mr. GOOD- H.R. 23: Mr. WILSON of South Carolina and Jersey. LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. Mr. MURPHY of Connecticut. H.R. 843: Mr. SCHILLING and Mr. MCINTYRE. CANSECO, Mr. WOODALL, and Mr. ROE of Ten- H.R. 49: Mr. TERRY, Mr. WOLF, and Mr. H.R. 876: Ms. EDDIE BERNICE JOHNSON of nessee. SOUTHERLAND. Texas. H.R. 1234: Mr. BLUMENAUER and Mrs. H.R. 58: Mr. WESTMORELAND, Mr. FLORES, H.R. 890: Mr. WEST, Mr. SCHOCK, and Ms. CHRISTENSEN. Mr. OWENS, Mr. YOUNG of Alaska, Mr. BERKLEY. H.R. 1242: Mr. NADLER and Ms. BERKLEY. MARCHANT, Mr. BRADY of Texas, Mr. THORN- H.R. 895: Mrs. MYRICK, Mr. HERGER, Mr. H.R. 1250: Mr. SARBANES, Mr. GARAMENDI, BERRY, Mrs. LUMMIS, Mr. ALEXANDER, Mr. GALLEGLY, and Mr. MARINO. Ms. ZOE LOFGREN of California, and Mr. SESSIONS, Mr. CONAWAY, Mr. FRANKS of Ari- H.R. 905: Mr. MCHENRY, Mr. JOHNSON of FRANK of Massachusetts. zona, and Mr. GRIFFITH of Virginia. Georgia, Mr. BRALEY of Iowa, and Mr. MIL- H.R. 1262: Mr. CLEAVER, Mr. FRANK of Mas- H.R. 100: Mr. GARY G. MILLER of California LER of North Carolina. sachusetts, and Mr. CARSON of Indiana. and Mr. DAVIS of Kentucky. H.R. 912: Mr. FILNER. H.R. 104: Mr. FITZPATRICK, Mr. GRIFFIN of H.R. 920: Mr. GARRETT, Mr. HUIZENGA of H.R. 1270: Mr. ROGERS of Alabama and Mr. Arkansas, and Mr. YOUNG of Alaska. Michigan, Mr. WALBERG, Mr. DESJARLAIS, CARTER. H.R. 110: Mr. HULTGREN. Mr. POSEY, Mr. ROONEY, Mr. KING of Iowa, H.R. 1289: Mr. HASTINGS of Florida. H.R. 111: Mr. GERLACH, Mr. FILNER, and Mr. Mr. SOUTHERLAND, and Mr. FLORES. H.R. 1291: Mrs. CHRISTENSEN, Mr. ALEX- MARKEY. H.R. 926: Mr. COBLE. ANDER, and Mr. REHBERG. H.R. 158: Mr. ROSS of Florida and Mr. H.R. 942: Mr. RIBBLE. H.R. 1297: Mr. BACHUS, Mr. BARLETTA, Mr. FORBES. H.R. 943: Ms. MCCOLLUM. BENISHEK, Mr. BISHOP of Utah, Mrs. BLACK, H.R. 178: Mr. RIGELL and Mr. MCNERNEY. H.R. 964: Mr. ACKERMAN, Mr. RAHALL, Mr. Mr. BUCSHON, Mr. BURTON of Indiana, Mr. H.R. 237: Mr. SIMPSON. HOLT, and Mr. JACKSON of Illinois. DESJARLAIS, Mr. FORBES, Mr. GIBBS, Mr. H.R. 272: Mr. BACHUS. H.R. 969: Mr. BOUSTANY. GOSAR, Mr. HECK, Mr. HERGER, Mr. H.R. 303: Mr. MILLER of North Carolina. H.R. 990: Mr. BROUN of Georgia. LOBIONDO, Mr. LUETKEMEYER, Mrs. LUMMIS, H.R. 308: Mr. LEWIS of Georgia and Mr. H.R. 991: Mr. FLORES and Mr. BROUN of Mr. MCCLINTOCK, Mr. MCINTYRE, Mr. GARY G. KEATING. Georgia. MILLER of California, Mrs. NOEM, Mr. H.R. 324: Mr. BILBRAY. H.R. 993: Mr. REHBERG. PALAZZO, Mr. PEARCE, Mr. PENCE, Mr. H.R. 373: Mr. FORBES. H.R. 998: Ms. FUDGE and Mr. SABLAN. REHBERG, Mr. ROGERS of Alabama, Mr. ROG- H.R. 399: Mr. CAMPBELL. H.R. 1005: Mr. SCHOCK. H.R. 420: Mr. SESSIONS, Mr. ALEXANDER, ERS of Michigan, Mr. SCHILLING, Mrs. H.R. 1014: Mr. LOEBSACK. Mr. THOMPSON of Pennsylvania, Mrs. SCHMIDT, Mr. SCOTT of South Carolina, Mr. H.R. 1023: Mr. GOODLATTE. STUTZMAN, Mr. THORNBERRY, Mr. TIBERI, Mr. LUMMIS, Ms. GRANGER, Mr. GRIFFITH of Vir- H.R. 1040: Mr. NEUGEBAUER. ginia, Mr. FRANKS of Arizona, and Mr. TURNER, Mr. WALBERG, Mr. WITTMAN, and H.R. 1041: Mr. WELCH, Mr. COSTELLO, Mr. Mr. WOODALL. CONAWAY. QUIGLEY, Mr. GRIFFITH of Virginia, Mr. H.R. 1311: Ms. WASSERMAN SCHULTZ. H.R. 431: Mr. BURGESS. BISHOP of Utah, Mrs. MALONEY, Mrs. H.R. 432: Ms. TSONGAS. H.R. 1317: Mr. MORAN. BLACKBURN, Mr. MANZULLO, Mr. NUGENT, Ms. H.R. 458: Mr. COHEN. GRANGER, and Mr. GRIMM. H.R. 1319: Mr. KUCINICH. H.R. 459: Mr. GRIFFIN of Arkansas and Mrs. H.R. 1058: Mr. BOUSTANY, Mr. ROSS of Flor- H.R. 1323: Mr. DUNCAN of Tennessee, Mr. BACHMANN. ida, and Mr. MILLER of Florida. LAMBORN, Mr. BISHOP of Utah, Mr. CHABOT, H.R. 469: Mr. KILDEE. H.R. 1061: Mr. FORBES. Mr. CAMPBELL, Mr. GOSAR, Mr. BROOKS, Mr. H.R. 470: Mr. HUNTER. H.R. 1065: Mr. LIPINSKI. FRANKS of Arizona, Mr. TURNER, and Mr. H.R. 498: Mr. HURT. H.R. 1089: Mr. STARK and Mr. PALLONE. AKIN. H.R. 529: Mr. FORBES. H.R. 1093: Mr. MARCHANT, Mr. YOUNG of H.R. 1328: Ms. ROYBAL-ALLARD and Mr. H.R. 530: Mr. CONYERS. Alaska, Mr. BRADY of Texas, Mr. THORN- KUCINICH. H.R. 531: Ms. NORTON. H.R. 546: Mr. PITTS, Mr. LABRADOR, Mr. BERRY, Mr. SESSIONS, Mr. STEARNS, Mr. H.R. 1341: Mr. HALL and Mr. WEBSTER. SABLAN, Mr. WOLF, Mr. JOHNSON of Ohio, Mr. HUNTER, Mr. ALEXANDER, Mr. CONAWAY, and H.R. 1352: Mr. SABLAN. ALEXANDER, Ms. WOOLSEY, Mr. Mr. BURGESS. H.R. 1371: Mr. CLARKE of Michigan and Ms. H.R. 1113: Ms. CHU. FORTENBERRY, Mr. HARPER, and Mr. MAN- MOORE. H.R. 1116: Ms. SUTTON. ZULLO. H.J. Res. 1: Mr. LABRADOR and Mr. SCOTT of H.R. 1159: Ms. EDDIE BERNICE JOHNSON of H.R. 547: Mr. POE of Texas. South Carolina. Texas. H.R. 563: Mr. BARLETTA. H.J. Res. 2: Mr. DOLD, Mr. FLEISCHMANN, H.R. 1167: Mr. SOUTHERLAND and Ms. FOXX. H.R. 593: Mr. MCKINLEY, Mr. PAUL, and Mr. and Mr. LABRADOR. H.R. 1169: Ms. SUTTON. MARCHANT. H.J. Res. 13: Mr. HELLER, Mr. REED, Mr. H.R. 602: Mr. HINCHEY. H.R. 1182: Mr. JORDAN, Mr. PRICE of Geor- MANZULLO, and Mr. RAHALL. H.R. 607: Mr. CRAVAACK and Mr. SHULER. gia, Mr. WALBERG, Mr. WALSH of Illinois, Mr. H. Con. Res. 18: Mr. AUSTRIA. H.R. 609: Mr. POE of Texas. BROOKS, Mr. MULVANEY, Mr. LAMBORN, Mr. H.R. 615: Mr. CONAWAY, Mr. SESSIONS, Mr. BISHOP of Utah, Mr. FLEMING, Mr. KING of H. Con. Res. 31: Mr. GRIFFITH of Virginia. ALEXANDER, and Mr. ROHRABACHER. Iowa, Mr. FLAKE, Mr. BARTLETT, Mr. H. Res. 25: Mr. SENSENBRENNER, Mr. AN- H.R. 623: Ms. WILSON of Florida. STUTZMAN, Mr. DESJARLAIS, Mr. RIGELL, Mr. DREWS, Mr. WEST, Ms. HANABUSA, Ms. GRANG- H.R. 645: Mr. MARCHANT, Mr. YOUNG of GINGREY of Georgia, Mr. HUIZENGA of Michi- ER, and Mr. ROGERS of Alabama. Alaska, Mr. WESTMORELAND, Mrs. ELLMERS, gan, Mr. GOHMERT, and Mrs. BLACKBURN. H. Res. 60: Mr. ALTMIRE and Mr. BURTON of Mr. FLORES, Mr. THORNBERRY, Mrs. LUMMIS, H.R. 1186: Ms. JENKINS. Indiana. and Mr. ALEXANDER. H.R. 1187: Ms. HANABUSA. H. Res. 111: Mr. FILNER, Mr. HARPER, Mr. H.R. 651: Mr. HASTINGS of Florida. H.R. 1211: Mr. MCCAUL and Mr. ROSS of SARBANES, Mr. LAMBORN, and Mr. ELLISON. Florida. H.R. 664: Mr. TERRY. H. Res. 137: Mr. HOLT, Ms. BALDWIN, Ms. H.R. 1212: Mr. DEFAZI and Mr. GRIFFITH of H.R. 673: Mr. WALBERG. BROWN of Florida, Ms. HANABUSA, Mr. ROE of Virginia. H.R. 674: Mr. COSTA, Mr. HANNA, Mr. Tennessee, Mr. THOMPSON of Mississippi, Mr. H.R. 1215: Mr. CHAFFETZ. BISHOP of New York, and Mr. ALTMIRE, Mr. SIRES, Mr. ROSS of Arkansas, H.R. 1219: Mr. WEST, Mr. SHERMAN, Mr. RUPPERSBERGER. Ms. DELAURO, Mr. LANGEVIN, Mr. PRICE of ROGERS of Alabama, and Mr. BRALEY of Iowa. H.R. 680: Mr. HUNTER, Mr. WALBERG, Mrs. North Carolina, Mr. JONES, Mr. LOBIONDO, H.R. 1229: Mr. NUNNELEE, Mr. MCKEON, Mr. HARTZLER, and Mrs. BLACK. Mr. RYAN of Ohio, Mr. LUCAS, Mr. KUCINICH, H.R. 700: Mr. JOHNSON of Illinois. BURTON of Indiana, Mr. KLINE, Mr. GOOD- Mr. CLEAVER, and Mr. FRANK of Massachu- LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. H.R. 718: Ms. LEE of California, Mr. setts. LATOURETTE, and Mr. SCHIFF. CANSECO, Mr. WOODALL, and Mr. ROE of Ten- H. Res. 164: Mr. FORBES. H.R. 721: Mr. REED, Mrs. MILLER of Michi- nessee. gan, Mr. WESTMORELAND, Mr. HOLDEN, Mr. H.R. 1230: Mr. NUNNELEE, Mr. MCKEON, Mr. H. Res. 165: Mr. BRALEY of Iowa, Mr. REHBERG, Mr. BUCSHON, and Mr. WALBERG. BURTON of Indiana, Mr. KLINE, Mr. GOOD- PASCRELL, and Mr. CROWLEY. H.R. 745: Mr. CASSIDY, Mr. CHAFFETZ, Mr. LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. H. Res. 179: Mr. MCGOVERN. WILSON of South Carolina, Mr. STEARNS, and CANSECO, Mr. WOODALL, and Mr. ROE of Ten- H. Res. 180: Mr. GARRETT and Mr. JONES. Mr. HERGER. nessee. H. Res. 193: Mr. WOLF.

VerDate Mar 15 2010 04:25 May 09, 2012 Jkt 099060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H06AP1.REC H06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, WEDNESDAY, APRIL 6, 2011 No. 49 Senate (Legislative day of Tuesday, April 5, 2011)

The Senate met at 9:30 a.m., on the appoint the Honorable KIRSTEN E. a shutdown. We want to pass a budget expiration of the recess, and was called GILLIBRAND, a Senator from the State of New that makes smart cuts—cuts that save to order by the Honorable KIRSTEN E. York, to perform the duties of the Chair. money but that don’t cost jobs. This DANIEL K. INOUYE, GILLIBRAND, a Senator from the State has been our bottom line throughout President pro tempore. of New York. this process. So we have made some Mrs. GILLIBRAND thereupon as- tough choices. We have made those PRAYER sumed the chair as Acting President choices because we know at this late The Chaplain, Dr. Barry C. Black, of- pro tempore. stage of the game reality is more im- fered the following prayer: f portant than ideology. We know sac- Let us pray. rifices are the cost of consensus, and Merciful Father, who put into our RECOGNITION OF THE MAJORITY LEADER we think they are worth it. Our bottom hearts such deep desires that we can- line hasn’t changed because our objec- not be at peace until we rest in You, The ACTING PRESIDENT pro tem- tive hasn’t changed. We want to keep remove from our lives anything that pore. The majority leader is recog- the country running and keep the mo- would seek to separate us from You. nized. mentum of an economic recovery that Lord, lead our lawmakers to make f is creating jobs. courageous decisions based upon con- SCHEDULE I wish I could say the same about science and duty. May they refuse to those on the other side of the negoti- do anything that threatens the long- Mr. REID. Madam President, last ating table. The Republicans’ bottom term security of this Nation, as they night we were finally able to arrive at line has changed at almost every turn. strive to follow the right path as You an agreement on the small business First, Republicans refused to negotiate give them the light to see it. Give them jobs bill—or at least a way to get rid of until we tried it their way. We gave the wisdom and courage for the living of some very important amendments that reckless House-passed proposal a vote. these days. Impart Your wisdom so we will vote on around 4 o’clock this The Senate resoundingly rejected it. they will know what to do and bestow afternoon. There will be seven rollcall Then, once talks began, Republicans Your courage so they will possess the votes. staked out their position. They asked resolve to act on what they believe. This morning, there will be a period for $73 billion in cuts. When we said: We pray in Your sovereign Name. of morning business until 11 a.m., with Let’s meet in the middle, they said no. Amen. the time until 10:40 a.m. equally di- Then we said: In the interest of getting f vided and controlled between the ma- this done, we will agree to your num- jority and the Republicans. The major- PLEDGE OF ALLEGIANCE ber, and they still said no. Republicans ity will control the first half and the refused to take yes for an answer. The Honorable KIRSTEN E. Republicans will control the final half. Every time we have agreed to meet in GILLIBRAND led the Pledge of Alle- At 10:40 a.m., Senator AYOTTE will give the middle, they have moved where the giance, as follows: her maiden speech to the Senate. middle is. They said no when we met I pledge allegiance to the Flag of the f them halfway, and now they say: It is United States of America, and to the Repub- lic for which it stands, one nation under God, BUDGET NEGOTIATIONS our way or the highway. indivisible, with liberty and justice for all. That is no way to move forward. Mr. REID. Madam President, as the People ask: Why is this so difficult? The PRESIDING OFFICER. The deadline looms, our budget negotia- They ask: Can’t you just get it done? I clerk will please read a communication tions continue nonstop. The Speaker understand how they feel, and I share to the Senate from the President pro and I met with the President yesterday their frustrations, but this is why it is tempore (Mr. INOUYE). morning, and we met with one another The assistant legislative clerk read so tough. It is like trying to kick a yesterday afternoon. As in any ongoing the following letter: field goal and the goalposts keep mov- negotiation, the status of those talks is ing. U.S. SENATE, constantly evolving, but I will give the The Democrats’ bottom line has not PRESIDENT PRO TEMPORE, Washington, DC, April 6, 2011. Senate a snapshot of where we stand at changed. The Republicans’ bottom line To the Senate: this moment in time. hasn’t stayed still. Our bottom line Under the provisions of rule I, paragraph 3, The bottom line has always been the hasn’t changed because our priorities of the Standing Rules of the Senate, I hereby same, and it is this: We want to avoid have not changed. We all want to lower

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

S2145

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2146 CONGRESSIONAL RECORD — SENATE April 6, 2011 the deficit. But Democrats will not sac- ond piece of advice: To everything sachusetts and signed by the President. rifice seniors’ retirement security, there is a season. To paraphrase a pas- It really gave us a chance to move for- women’s health, our children’s edu- sage we all know well, a passage much ward with oversight, regulation and re- cation, or our Nation’s veterans. The older than the old statesman Henry form on Wall Street. cuts we make have to be smart cuts, Clay, there is a time to campaign and It was signed last July by the Presi- and those aren’t smart. They are rad- a time to govern. There is a time to be dent, but many of the most important ical. We want an agreement that is rea- partisans and a time to be partners. We elements of the Dodd-Frank bill will sonable and responsible. stand here with less than 72 hours on not go into effect until July 21 of this I wish I could say the same about the clock. It is time to get to work. It year. Several of them are very impor- those on the other side of the negoti- is time to get the job done. This is the tant to America and important to me ating table. They forget that not one of season for action. as an individual because as a Senator I those people led us into a recession, Will the Chair now announce morn- offered an amendment to this bill. It and punishing seniors, women, chil- ing business, please. was a controversial amendment and, dren, and veterans will not lead us to a for the banks, an expensive amend- f recovery. Their budget would cost ment. For the Wall Street banks and 700,000 jobs and slow economic growth. RESERVATION OF LEADER TIME credit card companies, the interchange It would take us backward, not for- The ACTING PRESIDENT pro tem- fee amendment, which I introduced and ward. That is as counterproductive as passed with 64 votes—17 Republicans it comes. The point of this entire exer- pore. Under the previous order, the leadership time is reserved. and 47 Democrats—was an amendment cise is to help the economy. Democrats which will cost the biggest banks and won’t stand for a budget that weakens f credit card companies in this country a it. MORNING BUSINESS portion of the up to $1.3 billion a Our bottom line—our strongest de- month they collect in debit inter- The ACTING PRESIDENT pro tem- sire to reach an agreement—hasn’t change fees. Imagine that. In any given pore. Under the previous order, the changed because our willingness to year, $15 billion or $16 billion is being Senate will be in a period of morning compromise hasn’t changed. We long collected by these banks through credit business until 11 a.m., with Senators ago accepted the reality that getting cards from merchants, retailers, and permitted to speak therein for up to 10 something done means not getting 100 consumers all across America. percent of what we want. We long ago minutes each, with the time until 10:40 From the moment that bill was accepted the fact that the only way to a.m. equally divided and controlled be- signed into law, these Wall Street reach consensus between a Democratic tween the two leaders or their des- banks and credit card companies have Senate and a Republican House is to ignees, with the majority controlling been involved in an all-out, nonstop compromise. the first half and the Republicans con- campaign to repeal the law. Now, they I wish I could say the same about trolling the final half, with the Senator can’t just flat-out repeal it because those on the other side of the negoti- from New Hampshire, Ms. AYOTTE, rec- they know that looks a little too obvi- ating table. The Republicans have de- ognized at 10:40 a.m. ous. So instead, what they are calling manded a budget that can pass with The Senator from Illinois. for is postponement—just postpone it only Republican votes. Instead of seek- Mr. DURBIN. Madam President, it is for 2 years while they study it. That is ing a bipartisan budget, they are ac- my understanding that the Democrats their argument. They believe we need tively seeking the opposite. have the first half of morning business. The Republican leadership has the to look into this a little more closely. The ACTING PRESIDENT pro tem- Well, the record suggests they are not tea party screaming so loudly in their pore. The Senator is correct. right ear that they can’t hear what the after a study. They are after $1.3 bil- Mr. DURBIN. I ask unanimous con- lion a month in profit. It turns out it is vast majority of the country demands. sent to be recognized in morning busi- The country demands that we get this actually 30 months that the delay ness. would take place, so that is about a $40 done. As I have said before, the biggest The ACTING PRESIDENT pro tem- gap in these negotiations isn’t between billion postponement that the Wall pore. Without objection, it is so or- Street banks and credit card companies Democrats and Republicans; it is be- dered. tween Republicans and Republicans. So are asking for. And who pays the $40 the Speaker has a choice to make and f billion? Merchants and retailers and customers all across America. That is not much time to make it. He can ei- INTERCHANGE FEE REFORM ther do what the tea party wants or why leading consumer advocacy groups Mr. DURBIN. Madam President, I what the country needs. support my amendment and oppose Madam President, I will close with rise to speak about the issue of Wall this $40 billion delay which has been two pieces of advice that we would be Street reform, which I know is near suggested in the amendment that is wise to heed today, one from American and dear to the Senator from New being offered. history and one from ancient history. York, who represents Wall Street. Last year, when we passed landmark Henry Clay served in both Houses of I do believe what Congress achieved legislation to reform the debit card Congress, in the House and in the Sen- last year on Wall Street reform was swipe fees that are enriching Wall ate. He actually held the same seat the wise not only for our Nation but also to Street banks and crushing businesses Republican leader now holds. He was a avoid the possibility of another reces- and consumers on Main Street, they Senator from Kentucky. He also held sion. There are many financial institu- started organizing to repeal. the same gavel Speaker BOEHNER now tions across the United States, includ- For years, the banking industry has holds at three different times. Henry ing New York, but the fact is, many of been engaged in a collusive practice. Clay served as Speaker of the House, I their practices led us into the recession Banks have let the Visa and repeat, on three separate occasions. In we are now experiencing. MasterCard monopoly credit card com- his esteemed career, he earned the It was quite a battle last year. Sen- panies fix the interchange fee rates nickname ‘‘The Great Compromiser.’’ ator Chris Dodd of Connecticut, now that banks receive from merchants So Henry Clay knew what he was talk- retired, led the battle on the floor of each time a debit card is swiped. The ing about when he said: the Senate to try to make sure we had so-called swipe fee is the fee the banks All legislation is founded upon the prin- the necessary oversight and balance get, but they don’t set the fees, the ciple of mutual concession. when it came to our financial institu- credit card companies set them. This is This legislation—this budget—is no tions to avoid the likelihood of another unregulated price fixing by the VISA exception. But it is important to re- recession. The banks fought back, but and MasterCard duopoly on behalf of member that the most important word in the end we prevailed and Senator thousands of banks, primarily the big- in that quote isn’t ‘‘concession,’’ it is Dodd passed the measure here in the gest banks in America. The same banks ‘‘mutual.’’ Senate, and it was passed in the House we bailed out are now coming back We all have a responsibility to be of Representatives under the leadership here and saying don’t cut into our prof- reasonable, which brings me to the sec- of Congressman BARNEY FRANK of Mas- its, don’t in any way reform or change

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The actual cost of using Zero—40 cents a transaction for the any regulation of interchange fees will the debit card: less than 12 cents. So United States of America, God bless force them to raise fees on consumers. what they are doing is imposing this them for treating us so kindly; zero for One of the most profitable banks in fee on every transaction in every place Canada. Why? Because the Canadian America threatens consumers that if across America. This is unregulated Government spoke up for retailers, they cannot charge the interchange price fixing by VISA and MasterCard. merchants, and consumers, and said fees they want to charge, they are It is a sweetheart deal for the banks, stop this. It is price fixing. Now we going to raise fees on consumers. Isn’t too. According to the Federal Reserve, have done the same and the Wall that great? ‘‘Your money or your life,’’ banks make about $1.3 billion each Street lobby and the credit card lobby when it comes to Chase. Chase has month, as I mentioned, in debit inter- are coming down here hitting hard to more profits than Walmart and a 15- change fees and the fee rates keep repeal this interchange fee reform. percent profit margin. going up even though the cost of proc- There was another comprehensive For the record, let me go back and essing continues to drop. study, a 2009 paper put forward by the discuss a few more of the studies that Last year, Congress decided we Federal Reserve’s Divisions of Re- have already been done on interchange should place some reasonable limits on search and Statistics entitled ‘‘Inter- fees. For example, Terri Bradford of VISA and MasterCard. We did this to change Fees and Payment Card Net- the Kansas City Fed published a report ensure that they cannot use their mar- works: Economics, Industry Develop- entitled ‘‘Developments in Interchange ket power and price-fixing ability to ments, and Policy Issues.’’ This study Fees in the United States and Abroad.’’ funnel excessive fees to the Nation’s analyzed the structure and economic This report, which was published in biggest banks. Congress said if VISA theory behind the interchange system 2008, said the following: and MasterCard are going to continue and discussed various ways of reform- While regulation of interchange fees is still fixing interchange rates that mer- ing the system. just a point of discussion in the United chants pay banks, the rates ought to be Then there was a 2008 paper by James States, regulation abroad is a reality. In reasonable and proportional to the ac- McAndrews and Zhu Wang of the Kan- about 20 countries, public authorities have tual cost of processing the transaction. sas City Fed on the economics of the taken actions that limit the level of inter- It is a narrowly targeted reform and we change fees or merchant discount fees. Many payment card markets. Their study made a major exemption of small of these actions require interchange fees to found, incidentally, that ‘‘privately de- banks and credit unions. If they had as- be set according to cost-based benchmarks, termined card pricing, adoption and sets of less than $10 billion, they were although the cost categories that are eligible usage tend to deviate from the social for the benchmarks vary by country. In sev- exempt. You wouldn’t know that. They optimum, and imposing a ceiling on eral countries, interchange fees are set at are acting as if this is going to apply to zero. them. I recommend they read the law, interchange fees may improve con- Federal Reserve researchers are not which specifically exempts them. sumer welfare.’’ The Kansas City Fed- There are two arguments which have eral Reserve came up with this finding the only ones who have studied inter- been raised recently in opposition to but the credit card companies ignore change fees. interchange reform. The first is we it. They want another study. They In 2006 the Antitrust Law Journal need more studies. I know banks and don’t like a study that says inter- published an article by Alan Frankel credit card companies believe that change fee reform is good for con- and Allan Shampine called ‘‘The Eco- interchange reform needs to be studied sumers. nomic Effects of Interchange Fees.’’ to death but many studies have already The Boston Federal Reserve did a This article found that the inter- been done. There were at least seven study in 2010 and found on average change fee ‘‘acts much like a sales tax, congressional hearings specifically on every year, each cash-using household but it is privately imposed and col- interchange fees before we passed the pays $149 to card-using households. lected by banks, not the government. amendment. I chaired one of them. An- The studies go on and on. I will put It significantly and arbitrarily raises other two hearings on interchange fees them in the RECORD. I see several of prices based not on technologically and have been held since the amendment my colleagues on the floor, but I want competitively determined costs, but became law. There were also at least to make one other point as well. When- through a collective process.’’ three different GAO studies on inter- ever I talk about Wall Street banks And in March 2010, Albert Foer, change fees prior to the amendment’s and the credit card companies and the president of the American Antitrust passage. It is not as if this matter has costs associated with debit card fees Institute, published a study that found not been studied; it has been. charged to American consumers and re- the following: That is not all. Economists and pay- tailers, the first thing I hear is: There Governments around the world have been ment systems experts at the Federal he goes again, defending Walmart. taking actions to eliminate or severely re- Reserve have been studying inter- There is no question about it, duce interchange fees based on studies and investigations that clearly establish that change fees for years. They have put Walmart is the largest retailer in America. When it comes to the use of these fees are abuses of market power. More- out at least 10 significant reports. Do over, the results demonstrate that inter- we need another study? credit and debit cards, I am certain change fee regulation works. Despite the One of them was the January of 2010 they have a larger volume of sales from protests of MasterCard and Visa and their study by Fumiko Hayashi, a senior that than any other. But let’s do some giant card-issuing banks, mandated inter- economist at the Federal Reserve Bank comparison here for a moment. Accord- change fee reductions have increased com- in Kansas City. She did an inter- ing to Forbes.com, in 2010, Walmart, petition in foreign payment card markets national comparison of interchange the largest retailer in America, had $17 and have benefitted consumers through fees in the United States and 12 other billion in profits. lower prices. countries. Listen to what she found: I ask unanimous consent for 2 addi- In short, there have been a large ‘‘In general, the United States has the tional minutes. number of studies done about inter- highest debit card interchange fees’’ The ACTING PRESIDENT pro tem- change fees. And this does not count and that ‘‘the United States has the pore. Without objection, it is so or- the enormous amount of research, in- highest interchange fees for both credit dered. formation collection, and analysis that and debit cards among the 13 countries Mr. DURBIN. They had $17 billion in the Fed has done since my amendment where adoption and usage of payment profits and a 4-percent profit margin. was enacted last July. cards are well advanced.’’ That sounds like a lot and it is, but not The problem from the perspective of I can see why the banks and credit compared to the big banks. JPMorgan Visa, MasterCard and the big banks is card companies want to ignore that Chase, one of the largest issuers of that they simply don’t like what these

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Americans want thing to prolong the status quo and to reported that the Visa and MasterCard to know how we got to this point, and keep collecting $1.3 billion per month duopoly now control around 90 percent they deserve an answer, so here goes. in excessive debit swipe fees. of the debit card market. Each year, the majority party in I want to further address another ar- It is pretty profitable to be a duop- Congress is responsible for coming up gument that has been raised recently. oly. According to Forbes.com, in 2010: with a budget plan that explains how Some have argued that we should not Visa had $3.1 billion in profits and a 37 they are going to pay for all the things follow through with interchange re- percent profit margin, and MasterCard that government does. It is not just a form because it will only benefit big had $1.8 billion in profits and a 33 per- good idea—it is the law. Congress has box retailers. Of course, this is not cent profit margin. been required to do it since 1974. true. Swipe fees impact retailers of all It must be nice to be a big bank or a Last year, Democrat leaders in Con- sizes, from the smallest mom-and-pop credit card company these days. Big gress decided they didn’t want to do it. stores to the largest retail chains. banks and their card network allies are They didn’t want to have to publicly They also affect universities, charities, making money hand-over-fist these defend their bloated spending and the government agencies—everyone who days while retailers of all sizes are debt it is creating. So Republicans accepts plastic as a form of payment. struggling to turn a profit. Rising have had to come up with temporary And they affect all consumers, who pay interchange fees are a key part of this spending bills to keep the government higher prices at retail because of the equation. running in the absence of any alter- cost that swipe fees add to every trans- It doesn’t have to be this way. If we natives—and leadership—from Demo- action. can constrain Visa’s and MasterCard’s crats. But many still like to portray this price-fixing on behalf of the 1 percent Republicans even passed a bill in the debate as a struggle between the banks of biggest card-issuing banks, we will House that would keep the government and card companies versus the big box reduce the cost of interchange for funded through the rest of the current retailers. Well, let’s look at those big every merchant and other entity that fiscal year, and which takes an impor- box retailers and compare them to the accepts debit cards. Competition in the tant first step toward a smaller, more big banks and credit card companies. retail sector will mean consumers will efficient government that helps im- Some of my colleagues may be sur- benefit through discounts and lower prove the conditions for private sector prised to learn that the big banks and prices. Given the large profit margins job growth. card companies are significantly more at the nation’s biggest banks, they will This House bill would save us billions profitable than the big retailers. be able to stay in business once swipe of dollars on our way to a conversation According to Forbes.com, in 2010, reform is completed. about trillions. And Congressman RYAN Wal-Mart, the largest retailer in the In fact, we know that banks and card has done a service this week by setting country, had $17 billion in profits and a companies can continue to offer debit the terms of that larger debate—by 4 percent profit margin. cards profitably with lower inter- outlining a plan that puts us back on a Sounds like a lot, right? Well, not change rates. path to stability and prosperity. compared to the big banks. Last year, They did it before—up until the mid- Unfortunately, Democrats have made according to Forbes.com, JP Morgan 1990s, banks used to offer debit cards a calculated decision that they didn’t Chase, one of the largest issuers of with minimal or no interchange in the want to have either debate—so they debit cards, had $17.4 billion in prof- United States. have taken a pass on both. its—more than Wal-Mart. And Chase’s And they are doing it right now in Frankly, it is hard not to be struck profit margin was a robust 15 percent. other countries around the world, by the contrasting approaches to our This is the same Chase that has said where there are thriving debit card in- Nation’s fiscal problems that we have that any regulation of interchange fees dustries with very low or nonexistent seen in Washington this week. On the will force them to jack up fees on con- interchange rates. one hand, you have a plan by Congress- sumers. Chase has more profits than I am going to reserve the remainder man RYAN that every serious person Wal-Mart and a 15 percent profit mar- of my time and let my colleagues take has described as honest and coura- gin. Why are they pleading poverty and the floor. I will return on the subject geous. On the other hand, you have threatening their customers with high- but I remind my colleagues, this people like the new chairwoman of the er fees? amendment, this effort by the Wall Democratic National Committee and Well, what about other giant retail- Street banks and credit card companies the previous Speaker of the House dis- ers? How are they doing? Target, the to repeal interchange fee reform, is a missing that plan in the most well-known retail chain, had profits of $40 billion amendment—$40 billion that cartoonish language imaginable. $2.9 billion and a 4.3 percent profit mar- will be transferred to the biggest banks While thinking people have seen in gin last year. Let’s compare that to in America and credit card companies the Ryan plan an honest attempt to Wells Fargo, another giant debit card- from consumers across America. We tackle our problems head on, issuing bank. Wells Fargo last year had did the right thing with interchange ideologues on the left have seen a tar- $12.4 billion in profits and a 13.3 per- fee reform. Let’s stand by it and say to get to distort while offering no vision cent profit margin. Wall Street, major card issuers, VISA of their own to prevent a fiscal night- Large retailers would love to have and MasterCard, they have had enough. mare that we all know is approaching. the profit margins of the big banks. They can get a reasonable fee, but not And they still haven’t come up with But they don’t. Last year the largest an unreasonable amount out of our an alternative to the various Repub- drug store chain, CVS Caremark, had economy. lican proposals we have seen to keep profits of $3.4 billion and a 3.6 percent the government up and running in the profit margin. The largest grocery f current fiscal year. They have just sat store company, Kroger, had profits of on the sidelines taking potshots at ev- $1.1 billion and only a 1.4 percent profit RECOGNITION OF THE MINORITY erything Republicans have proposed margin. LEADER while rooting for a shutdown. Historically we have seen low profit The ACTING PRESIDENT pro tem- That is why the Republicans in the margins and intense competition in the pore. The Republican leader is recog- House have now proposed another bill retail sector. According to a June 8, nized. this week that will fund the military 2009, article in Fortune Magazine, Wal- Mr. MCCONNELL. I will proceed on for the rest of the year, keep the gov- Mart has only an 11 percent market my leader time. ernment operating, and which gets us a

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2149 little closer to a level of spending that The amendment I have offered on be- against a government shutdown. Shut- even the senior Senator from New York half of Senator INHOFE would do that. ting down the government breaks faith has called ‘‘reasonable.’’ The amendment would give busi- with Federal employees, jeopardizes The fact that Democrats are now re- nesses the certainty that no unelected our economic recovery, threatens the jecting this offer, which even members bureaucrat at the EPA is going to viability of small- and medium-sized of their own leadership have described make their efforts to create jobs even businesses that do business with the as ‘‘reasonable’’ is all the evidence you more difficult than the administration Federal Government and even threat- need that Democrats are more con- already has. So once again, I thank ens the safety of our families and our cerned about the politics of this debate Senator INHOFE for his strong leader- economy. than keeping the government running. ship on this issue. He has led the way That is why I am for a congressional Let’s be clear about something this in protecting American jobs from this sitdown, not a shutdown of the Federal morning: throughout this entire de- burdensome proposal with determina- Government. Democrats and Repub- bate, Republicans have not only said tion and common sense. He deserves licans should negotiate over spending that we would prefer a bipartisan the credit. cuts. But what is not open for negotia- agreement that funds the government I also want to thank Chairman tion is whether the Federal Govern- and protects defense spending at a time UPTON and my good friend, Congress- ment is worth keeping open. Parties when we have American troops fighting man WHITFIELD, for fighting against must come together. in two wars. There is a Republican plan this effort by the EPA and moving leg- There is a belief that a shutdown will on the table right now that would do islation to prevent it in the House. occur only in Washington. Oh, the just that. f lights will go out in the Washington Democrats can accept that proposal, Monument, maybe a museum will be or they can reject it. But they can’t COLOMBIA TRADE AGREEMENT closed here or there, maybe even a na- blame anyone but themselves if a shut- Mr. MCCONNELL. Madam President, tional park will be closed here or there. down does occur. Because they have there are some signs today the admin- Both on the Senate floor, the House done nothing to prevent it. istration is beginning to take seriously floor, and even in the media, it is fol- With the clock ticking, I would once a pending trade agreement with Colom- lowed by kind of a snicker or even a again encourage our Democratic bia. Republicans have been urging the snarl. How foolish, how they do not un- friends to get on board with this pro- administration to act on this critical derstand the functioning of the Gov- posal, and to support the kind of spend- trade deal for months. This agreement ernment of the United States of Amer- ing cuts that the American people have would help American businesses com- ica. asked for—and that their own leader- pete on a level playing field with busi- I am afraid the lights will go out. I ship has already endorsed. nesses overseas. It would help create am afraid the government agencies will f American jobs. And it would help our be shuttered. I am concerned that peo- THE EPA AMENDMENT relationship with an important ally in ple who work on behalf of the Federal Mr. MCCONNELL. Madam President, Latin America. Government as those contractors, later today, the Senate will vote on an Hopefully these reports are true, and small- and medium-sized contractors, amendment that one leading newspaper the President will send this agreement, disabled veteran contractors will not described last week as one of the best along with similar agreements related get paid. proposals for growth and job creation to Panama and South Korea to Con- I am for cuts. I voted for the Demo- to make it onto the Senate docket in gress soon. This would be some very cratic package with over $51 billion in years. More specifically, this amend- good news for an economy that needs cuts. In my own appropriations bill, I ment, which is based on legislation it. reduced agency overhead by 10 percent. proposed by Senator INHOFE, would pre- I yield the floor. I cut out lavish conferences and so on vent unelected bureaucrats at the En- The ACTING PRESIDENT pro tem- by 25 percent. I could eliminate that vironmental Protection Agency from pore. The Senator from Maryland is year by year. But cuts alone are not a imposing a new national energy tax on recognized. strategy to reduce the deficit. American job creators. f What I do not want is to make sure our government will not be funded. Everyone knows that this attempt to THE BUDGET handcuff American businesses with new There are other ways of doing it, and I costs and regulations is the last thing Ms. MIKULSKI. Madam President, I will talk about that more tomorrow, these job-creators need right now. That rise to the floor to speak in morning about how we can actually pay for this, is why even Democrats in Congress business and to comment on the ter- but today I wish to talk about the con- have sought to secure the same kind of rible situation we find ourselves in. We sequences of what we are doing. There exemptions from the law for favored in- are in a terrible situation. The Repub- is nobody on the Senate floor talking dustries in their own States that we lican leader is exactly right, the clock about it. I appreciate the minority saw others from their party trying to is ticking on a shutdown. leader, but on my side, if nobody is secure for favored constituencies in the But I have a couple principles as we going to talk about it, I am going to health care law. head into the midnight witching hour talk about it. Democrats from auto States tried to on Friday. First of all, my first prin- A possible government shutdown cre- have the auto industry exempted. And ciple is no shutdown. Let’s have a ates uncertainty in consumer con- Democrats from farming States tried sitdown. Let’s not shut down govern- fidence and further damages the econ- to have farmers exempted. ment and cut off the funding for pri- omy. Mark Zandi, the chief economist What these efforts show, is that vate sector contractors that do busi- of Moody’s, says it will damage the Democrats themselves recognize the ness with the government. Let’s have a confidence in the economy and could dangers of these EPA regulations. Yet congressional sitdown and arrive at an result in the loss of 700,000 jobs. Well, instead of just voting for the one orderly, rational agreement that does let me tell you—and everybody says: amendment that solves the problem, create a more frugal government but Oh, well, that is government. I am they are hiding behind sham amend- does not torpedo our economy. going to talk about: Oh, well, that is ments designed to give them political But my second principle is, if we shut government in a minute. cover. down the government and Federal em- But let’s take the private sector. Republicans have a better idea—let’s ployees and contractors do not get Let’s take that snickering and snarling try to make sure everybody is exempt- paid, Congress should not get paid. Not over national parks. Do you know the ed. Let’s not pick winners and losers. only should Congress not get paid, no national parks—we have 365 of them, 49 Let’s let America’s small businesses back pay, no way. I spoke about the States, 300 million visitors. Do you and entrepreneurs compete and grow congressional no-pay position yester- know those national parks generate on a level playing field without any day. 270,000 private sector jobs in camp- more burdensome government regula- Today, I wish to talk about the con- grounds, restaurants, gas stations, ven- tions, costs, or redtape. sequences of the shutdown. I am dors to the national parks.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2150 CONGRESSIONAL RECORD — SENATE April 6, 2011 Oh, yes, you can laugh about closing with the ‘‘A’’ words. But you know some math problem where it is solved down Yellowstone, and maybe that is what, Washington, the Congress says, if the numbers add up right. The not the explosive thing—270,000 jobs, you are not essential. choices we make, which spending pro- mostly in the West. I did not hear that What about Social Security? I have grams we cut which tax expenditures the West had such a low unemployment over 10,000 people who work at the So- we eliminate, where we continue to rate that they do not give a darn. cial Security Administration. You say: boost investment, matter. Local communities near national parks Well, my God, that is a lot. That is 24/ The overarching challenge facing our will lose $14 million a day. That is the 7 to make sure it all functions properly country is how we keep our economy national park argument. and efficiently. We have the lowest competitive. Let me go to the contractors. I rep- overhead of any ‘‘insurance company’’ We cannot compete with India and resent the State of Maryland, where we in America. But these lights are going China for low-wage manufacturing have a lot of contractors. Take the to be shuttered at Social Security, not jobs. That is not our future. Goddard Space Agency, 3,000 civil serv- only in Senator BARB’s and Senator America’s future is in continuing to ants who do everything from help run BEN CARDIN’s State, but it is also going be the global leader in science and the Hubble telescope and green science, to be shuttered, Madam President, in technology. America makes the best, to figuring out how we can fix the sat- your State. When people want to come most innovative products and services, ellites through robots in the sky. But to apply for benefits they are eligible and that ingenuity and excellence is there are 6,000 contractors—6,000 con- for, when people who are disabled want our chief economic strength as a na- tractors. Some of them are small busi- to apply for those benefits, they are tion. ness, 8(a) contractors working their going to come to a shuttered Social Se- But we are in danger of losing that way up. curity office. They are going to be told edge. Science, technology, engineering Many of them—some of them are they are not essential. and math, what we call the STEM women. Many of them are veterans Well, then, let’s wait until Monday fields, are the skills that drive innova- who started small- to medium-sized morning. Are they not going to come tion. businesses. These people, if there is a to work fired up, ready to work for And jobs in the STEM fields are ex- government shutdown, will not get America, ready to help America be pected to be the fastest-growing occu- paid. Hello, colleagues. This is not only great again? They are America’s essen- pations of the next decade. However, going to happen in my State, this is tial employees doing the work that not enough students in our country are going to happen in your State. goes on at NIH, Social Security, the pursuing an education in STEM sub- There was a major article in the Wall National Institutes of Standards. They jects to keep up with the increased de- Street Journal yesterday about what come up with new ideas. mand. the shutdown means to the private sec- Then look at commerce. I represent For those students that do pursue tor. Well, let’s wake up and let’s move the great Port of Baltimore. Ships are education in STEM fields, they are more quickly to this sitdown. going to come into the port. Who is being outperformed by international I wish to talk about essential versus going to inspect their cargo? Traffic competitors. Studies show that by the nonessential. In my State, I represent coming into airports, who is going to end of eighth grade, students in the over 100,000 Federal employees. Three inspect their cargo? U.S. are 2 years behind their inter- of them are Nobel Prize winners I will But, oh, no, we are going to tell them national peers in math. American stu- talk about in a minute—Nobel Prize they are nonessential. Well, I am tell- dents rank 21st in science and 25th in winners who are civil servants. Those ing you, this is not going to be good. math among industrialized countries. are not even the gangs at Hopkins and But you know what is not good, not In addition, the U.S. has produced a de- the University of Maryland. Those are only the consequences but the way we clining number of Ph.Ds in science and three Nobel Prize winners who are ac- are functioning. engineering compared to the European tual civil servants. Madam President—hello? Madam Union and China over the past 3 dec- Under this shutdown we are headed President. I do not know if my speech ades. It is clear that to remain com- for, they are going to be told they are is not that attention-getting, but can I petitive internationally, we must en- nonessential. We have a Nobel Prize have your attention? courage and strengthen the supply of winner at NIST who works on the de- The ACTING PRESIDENT pro tem- STEM-trained graduates. velopment of new work on laser light. pore. The Senator has consumed 10 That is why this week Leader REID Secretary Chu was his partner. minutes. and Senators KLOBUCHAR, KERRY, We have a Nobel Prize winner at NIH Ms. MIKULSKI. Well, then, my time BEGICH, COONS and I introduced legisla- who won the Nobel Prize for proteins is up. Well, maybe the Senate is not tion, the Innovation Inspiration School and cellular communication that could paying attention, but the American Grant Program, which will bolster our lead to a cure for cancer and a Nobel people are paying attention. I am tell- Nation’s ability to compete in the glob- Prize winner at Goddard in physics. I ing you, this is a situation of enormous al economy. am not going to call their names; I do negative consequence. I think we are My legislation will provide new in- not want to feel awkward. But what am going to rue the day at the way we are centives for our schools to think out- I going to do midnight Friday? Am I functioning. We need to come to the side the box and embrace extra- going to call these three Nobel Prize table, and we need to sit around and curricular and nontraditional STEM winners and say: Hey, guys, you are act like rational human beings. education programs. It establishes a nonessential. We know you could be in I yield the floor. competitive grant program that will the private sector making millions of The ACTING PRESIDENT pro tem- encourage schools to partner with the dollars, but you are staying here to do pore. The Senator from New Hamp- private sector, both for financial sup- research to save lives, save the planet, shire. port and to provide mentors who can and lead to saving our economy. But, f serve as guides and role models to stu- hey, I guess you are nonessential. dents. In other countries, they carry you STEM FIELDS I am proud that New Hampshire is around on their shoulders and so on. Mrs. SHAHEEN. Madam President, the home to the FIRST Robotics pro- But here, no, we are told they are non- as Congress and the Obama administra- gram. For over a decade, teams of stu- essential. It is not only Nobel Prize tion grapples with how to responsibly dents have been designing robots to winners, it is all the other people who address our long-term deficit, we need compete against one another in re- are working. We are going to turn out to remember why it is so important to gional, then national, competitions. On the lights at the National Institutes of get on a path to balanced budgets. We Monday we hosted FIRST teams from Health. We are going to say to a re- need to a dress the long-term deficit Maryland and Virginia who dem- searcher: I know you are working on because it is a threat to America’s fu- onstrated in the Dirksen building how that cure for cancer. I know you are ture prosperity. It is about economic the robots they designed and built ac- working on that cure for Alzheimer’s growth and jobs. That is why the def- tually work. It is these kinds of non- or autism or arthritis—sticking just icit matters. The deficit is not just traditional STEM programs that make

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First, I wish to con- In fact, research shows that 99 per- Earlier this year, Coach Hatch and gratulate this body, and specifically cent of students who participate in Garrett Stutz were named to the 2011 Senator JOHANNS from Nebraska, for FIRST Robotics graduate high school Missouri Valley Conference Scholar the repeal of the 1099 form regulations and almost 90 percent go on the col- Athlete first and honorable mention which significantly burden small busi- lege. And once in college, these stu- teams, respectively. I congratulate the nesses all around the country. dents are nearly seven times more like- Wichita State University Shockers, I also come to the floor as someone ly to major in engineering and twice as their head coach Gregg Marshall, the who has practiced medicine and has likely to major in computer science. athletic director Eric Sexton, a good been watching the health care law They are also significantly more likely friend of mine, and Wichita State Uni- closely. It is one that I believe is bad to attain a postgraduate degree. The versity president Don Beggs. Don, you for patients, bad for providers and data speaks for itself: investments in are back again, and you certainly did nurses and doctors who take care of these sorts of programs matter and us proud. the patients, and bad for the American make a difference. Specifically, I congratulate each taxpayers because I think this is going I urge colleagues to join me in sup- member of the team for an exemplary to add significantly to our growing porting this important legislation that season: Gabe Blair, Derek Brown, J.T. debt problem. These are things that will inspire our students to become sci- Durley, Aaron Ellis, Jerome Hamilton, need to be addressed. entists, engineers, computer program- Graham Hatch, Trey Jones, David One part of the health care law, the mers and mathematicians. Our coun- Kyles, Toure Murry, Ehimen Orukpe, 2,700-page law that was passed, dealt try’s economic future depends on it. Joe Ragland, Tyler Richardson, Ben with something called accountable I yield the floor. Smith, Garrett Stutz, Randall care organizations. Those are intended The ACTING PRESIDENT pro tem- Vautravers, Josh Walker, and Demitric to help people coordinate care and have pore. The Senator from Kansas. Mr. ROBERTS. Madam President, I Williams. that coordinated care increase people’s am going to speak for approximately 4 If I mispronounced any name, I am health by early detection of problems minutes during morning business. I had terribly sorry. They did not do any- and to help minimize problems but also originally intended on 15, but I am thing wrong with the tournament in attempt to save money. The six pages of the health care law going to do that tomorrow on another terms of winning the NIT. Congratula- subject. If I could be recognized for 4 tions to all Shockers basketball fans. that dealt with accountable care orga- minutes, that is my intention. The coach has made the decision to nizations has resulted in the release of The ACTING PRESIDENT pro tem- stay at Wichita State. Good news for regulations on March 31, 429 pages of pore. Without objection, it is so or- Kansas. Good news for Wichita State, regulations which have a significant dered. an exemplary action on the part of the impact on restructuring the way medi- Mr. ROBERTS. I thank the Chair. coach after a very successful team ef- cine is practiced. As I look at this in terms of our f fort and winning the NIT and then staying at Wichita State University. growing debt, my concern is that the WICHITA STATE UNIVERSITY Good news for Kansas, good news for administration is bragging that the SHOCKERS Wichita State, and good news all the regulations save Medicare money, Mr. ROBERTS. Madam President, I way around. about $960 million total, best care sce- know it is pretty serious business talk- By the way, we will not shut down nario, over a 3-year period. So savings ing about a government shutdown and the team. They are going to keep on of less than $1 billion, a restructuring things of this nature that affect all fighting. of the way medicine is being practiced, Americans. I certainly hope we can I think the signal there was not four a savings of less than $1 billion, at a reach some accommodation. I wish to quarters and let’s go play hard, but the time when Medicare will be spending do a little bragging on behalf of my 4 minutes are up. over those 3 years over $1.5 trillion, a home State. I yield the floor, and I suggest the ab- savings of less than $1 billion on an ex- We are pretty proud of our basketball sence of a quorum. penditure of over $1.5 trillion. heritage in Kansas, but I note that we The ACTING PRESIDENT pro tem- The other aspect that was so inter- have not received national recognition pore. The clerk will call the roll. esting in watching this administration to the extent I think we should in re- The bill clerk proceeded to call the is they have come out with a state- gards to the recent accomplishment I roll. ment about regulations. wish to highlight. Mr. BARRASSO. I ask unanimous The small businesspeople I talked to I rise to congratulate the Wichita consent that the order for the quorum in Worland last weekend at the health State University Shockers. The Shock- call be rescinded. fair told me that increased government ers won the 2011 Men’s National Invita- The ACTING PRESIDENT pro tem- regulations add to the cost of doing tion Tournament in the Big Apple, the pore. Without objection, it is so or- business and make it harder for them championship in New York City. In dered. to hire more people. Specifically, it is claiming the championship trophy, f related to increased costs. Wichita State set the school record It was interesting to see the adminis- with 29 victories in the season. Wichita A SECOND OPINION tration saying that an increase in labor State advanced to the NIT champion- Mr. BARRASSO. Madam President, I demand due to regulations may have a ship with four straight wins in the come to the floor today as a doctor stimulative effect that results in a net tournament. They beat the University who has practiced medicine in Wyo- increase in overall employment. The of Nebraska in the first round, Virginia ming for about 25 years. During that administration apparently believes if Tech in the second round, the College time I was medical director of some- we increase the rules and regulations of Charleston in the quarter finals, thing called Wyoming Health Fairs on businesses, it will make it better for Washington State University in the where we provide employees low-cost them, when they will tell us univer- semifinal, and, finally, the University blood screening for early detection and sally that it will make it worse. of Alabama in the championship game. early treatment of medical problems. Additionally, last Friday night the All of these schools have good basket- We know one of the things that was at- Department of Health and Human ball teams, and Wichita State came out tempted to be solved with the discus- Services released their new next round on top. sion on health care was to have people of ObamaCare waivers. We have talked Graham Hatch was named the NIT’s involved in their own health care deci- about those in the past on this floor as most outstanding player and a member sions and early detection, as well as part of a doctor’s second opinion. If of the All-Tournament Team, while prevention of disease. this health care law is so good, why do Garret Stutz was named to the All- I attended a health fair last weekend millions and millions of Americans Tournament Team as well. in Worland, Washakie County, WY, say: We can’t live under this, and the

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2152 CONGRESSIONAL RECORD — SENATE April 6, 2011 administration agrees and grants them This health care law is bad for this gotiation for a resolution that will waivers? country, it is bad for our patients, it is take us until the end of the fiscal year, So this past weekend, Secretary bad for our health care providers, and and it is in an atmosphere in which so Sebelius added another 128 waivers cov- it is bad for taxpayers. The union mem- many people are worried about our ering another 300,000 Americans to say: bers who absolutely lobbied for it are overwhelming debt and the deficit that No, for the next year, you get a 1-year now saying—now that they have read would be in the budget that was sub- waiver, you do not have to live under the bill, now that they know what is in mitted by the President. We now are the mandates of ObamaCare. the law, they are saying they do not trying to cut that budget responsibly. So now we are at a point where the want it to apply to them, so much so The United States is averaging $4 bil- total number of waivers granted has that one of the unions that has gotten lion a day in debt. A $1.6 trillion deficit been over 1,000, covering 2,930,000 peo- a waiver, on their recent Web site, said: is projected by the end of this year. ple. So, wow, what is the breakdown of . . . we are . . . challenged by how to im- That is just the deficit. That is adding those people? Who are they? How can plement the law under prevailing cir- to the debt. Federal spending in 2010 they get those waivers? cumstances. was 23.8 percent of gross domestic prod- Well, it is interesting. In this coun- Well, the prevailing circumstances uct. The CBO, the Congressional Budg- try, where union workers are just a are the law they wanted passed. et Office, predicts it will be 24.7 percent small percentage of the total work- It says: of GDP in 2011. force, 49 percent—almost half—of all of The Trustees of the Fund have no ability As a nation, we must remain com- the waivers have been granted to peo- to secure additional contributions needed to petitive by reducing Federal spending ple who get their insurance through cover the increased costs of providing these and spurring economic growth in the the unions. required— private sector. It is jobs in the private I just looked at this list that came Required by the people on the other sector that will take our economy out out, and it is interesting because one of side of the aisle who voted for this— of the doldrums where it is now. the waivers that had been granted for additional benefits. For the sake of the American people, 13,000 employees, enrollees, is for the It says: I hope we can come together to stop United Food and Commercial Workers the reckless Federal spending. Con- Union. So let’s see what we can find The Trustees are requesting a waiver from HHS to preserve the annual benefit limita- tinuing the spending, the borrowing, out about them. If we go to their Web tion now in place for the part-time plan of and the taxing in Washington will halt site and go to the area that deals with benefits to minimize the cost impact of job creation and triple the debt by the health care, what it says is this: transitioning to the requirements of the re- end of this decade. That is what is pre- Thanks to your hard work— form act. . . . dicted. This is to people in the union— Well, what it basically says is that We must make bold cuts where we Thanks to your hard work over the last these folks who want the waiver are can by carefully also prioritizing in- year, Congress passed a health care reform saying what I have been saying on this vestment in areas of strategic national bill that was signed into law by President floor since the beginning of the debate: importance. What we need now is for Obama. This landmark reform is a hard- that this is going to be bad for tax- the President, the Senate majority fought victory for [the United Food and payers, it is going to drive up the cost leader, and the House Speaker to sit in Commercial Workers Union]. . . . of care, it is going to drive up the cost a room and not come out until a deal is Well, wait a second, these are the of insurance, in spite of the President’s made that has the votes to pass. same people who went in and asked for promise that if we pass this, families I do not want a government shut- and got a waiver from the Secretary of will see premiums drop by $2,100, in down. The consequence of a govern- Health and Human Services—a waiver spite of the President’s promise that if ment shutdown will be enormous, and so they do not have to live under it. you like your plan, you can keep it. so many people who are talking about Now, it is interesting, if you go to What we are seeing, for the people who that as an option, as if it is not a big this Web site, you can click to other proudly lobbied for this, is that they do deal, just do not realize how many lives things, and what you can find is that not want it to apply to them. They re- it will touch and how hard it is going you can actually watch a video on the alize now it is going to cause their to make life for so many people—peo- Web site of the people who just got a plans to have significant problems. ple who have depended on benefits, waiver—a video of the members of this I believe every American ought to be such as veterans. union ‘‘rally and talk about health able to have a waiver, every American We do not know what will happen in care reform.’’ Oh, the health care they ought to not have to live under this a government shutdown. We do not are rallying for, but they do not want health care law. To me, it is know what will happen to our military it to apply to them. The Secretary of unaffordable, it is unmanageable, and I because that is not clear. That is what Health and Human Services says: That believe it is unconstitutional. That is I want to talk about today. is fine, you can have a waiver. Oh, you why I come to the floor, as I have every A government shutdown will put peo- can actually ‘‘see the pictures of week, with a doctor’s second opinion ple in peril in many areas, but now we [union] members taking action on that we must repeal and replace this have a situation in which our military, health care reform.’’ But it is not the health care law. our Active-Duty military—almost action of applying for the waiver—a Madam President, I yield the floor. 90,000 are in Afghanistan, 47,000 in waiver they have just been granted by I suggest the absence of a quorum. Iraq—is put in a position today of now the Secretary of Health and Human The ACTING PRESIDENT pro tem- also wondering if their spouses at home Services. pore. The clerk will call the roll. with children are going to get their Now it says: The bill clerk proceeded to call the paychecks. If we have a government Call your members of Congress to thank roll. shutdown that will affect their ability them for passing real reform. Mrs. HUTCHISON. Madam President, to pay their mortgages. Oh, you are supposed to thank the I ask unanimous consent that the order Madam President, let me ask, are Members of this body for passing some- for the quorum call be rescinded. there time limits in place? thing, but then they applied for a waiv- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- er that has been granted for over 13,000 pore. Without objection, it is so or- pore. There is an order to recognize members who get insurance through dered. Senator AYOTTE for her first speech at this program? f 10:40 a.m. They say you can also check an area Mrs. HUTCHISON. Thank you, to read the background information on ENSURING PAY FOR OUR Madam President. this union’s ‘‘advocacy of health care MILITARY ACT Let me just say that I have intro- reform’’—advocacy for a program they Mrs. HUTCHISON. Madam President, duced legislation. I have cosponsors— wanted to force down the throats of the I wish to speak about the urgent fiscal CASEY, INHOFE, SNOWE, MURKOWSKI, American people but yet do not want crisis that is facing our Nation. We COLLINS, AYOTTE, and HOEVEN. It is the to live under themselves. know the Congress right now is in ne- Ensuring Pay for our Military Act of

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2153 2011. It is very simple. It just ensures security threat we face. That debt now posed by debt. It was Thomas Jefferson that in the event of a Federal Govern- stands at a historic level of over $14 who wrote: ment shutdown—which I do not want trillion, about half of which is held by To preserve our independence, we must not to happen and do not support—our other countries. The single biggest for- let our rulers load us with perpetual debt. military will be paid. It also will allow eign holder of our debt is China, a We must make our election between econ- anyone who is serving our military—ci- country which does not share our val- omy and liberty, or profusion and servitude. vilian defense employees or contrac- ues. We are borrowing $4 billion a day, In 1997, the Senate came close to get- tors who do the food services—to also or 40 cents of every single dollar, to ting its arms around the debt when a be able to go to work and not have to fund our ever-expanding government. balanced budget amendment failed to worry about what is going to be hap- In the month of February alone, we pass this Chamber by just one vote. At pening back home, especially for those ran a record monthly deficit of $223 bil- that time, our national debt was a lit- who are serving in harsh conditions lion. That $223 billion shortfall—accu- tle over $5 trillion. It has nearly tripled overseas. mulated in just 1 month—puts into per- since then. Imagine how much stronger I so hope we will be able to pass this spective the current spending debate our Nation would be today had the bill. I do not want 1 more minute of we are having in Congress. House Re- Senate approved a balanced budget stress on our military. The bill is very publicans came up with a plan to cut amendment back then and the States simple, and it is very short and very $61 billion for the rest of this fiscal adopted it. clear: Our military personnel and their year, which is an important start. But A constitutional amendment requir- support will not be affected by a gov- those cuts only cover a little more ing a balanced budget is a key first ernment shutdown. than a quarter of the deficit we accu- step, but getting spending under con- I hope I can have more colleagues mulated in just 1 month. trol will take a multipronged approach. signing up. We have introduced this Yet all I hear from my colleagues on That is why we must also move quickly bill, S. 724, and I hope we can get a vote the other side of the aisle is that $61 to pass serious statutory limits on on this bill in very short order so this billion in cuts is extreme. In my view, spending. is off the table. the only thing that is extreme is fail- One of my honorable predecessors Madam President, I yield the floor. ing to confront the endless flood of red from New Hampshire, Warren Rudman, The ACTING PRESIDENT pro tem- ink that threatens our economic helped author the Gramm-Rudman- pore. The Senator from New Hamp- strength and threatens our national se- Hollings Act to require sequestration shire. curity. of funds if Congress failed to act to cut f The debt we owe is so much more spending within deficit targets. Unfor- than just numbers. This is about us— tunately, Congress circumvented the FACING ENORMOUS CHALLENGES who we are as Americans—and what law’s provisions by finding loopholes. Ms. AYOTTE. Madam President, with kind of country we want to leave be- While that effort may not have ulti- humility and a deep sense of reverence hind for our children. My husband Joe mately succeeded, we should take the for this body, I rise today to address and I are the proud parents of two chil- lessons learned from that experience. my colleagues in the Senate. Serving dren—Kate, who is 6 years old, and We need statutory spending caps with in this historic Chamber is truly an Jacob, who is 3 years old. I am deter- teeth that Congress cannot easily un- honor. On this floor, men and women of mined to keep alive the American dermine. strong character gather together to dream for my children and for all of While I realize that this week we are continue the unfinished work of build- our children and for future generations working to pass funding for the rest of ing a more perfect union. in this country. But our addiction to fiscal year 2011, Congress must do It is an even greater privilege to spending in Washington threatens that something this year that it failed to do stand here representing the people of dream. I, for one, will not sit by while last year: Pass a budget. Back home in New Hampshire. A place of distinct our children become beholden to China. New Hampshire, people—especially beauty that places a premium on self- Hollow words paying lip service to small business owners—are astounded governance and informed public dis- fiscal responsibility have been used by to learn that our Federal Government course, New Hampshire reflects the too many in Congress for far too long. is operating right now outside the con- very best of our Nation. New Hampshire families sit around fines of a strict budget. Frankly, it is As America faces enormous chal- their kitchen tables and find ways to shameful the last Congress did not ap- lenges, I am reminded of the words of make their family budget work. With prove a budget for fiscal year 2011. wisdom from one of New Hampshire’s limited resources, they make hard Their failure to act is why we are in revered statesmen, GEN John Stark. choices to distinguish between wants the difficult place we find ourselves After fighting bravely and heroically in and needs. It is time for our Federal today. Here we are, trying to fund gov- the Revolutionary War, General Stark Government to do the same. ernment through a series of patchwork, gave New Hampshire its treasured That is why the first step we should short-term funding bills. State motto: ‘‘Live Free or Die.’’ This take is to pass a balanced budget We need a fiscally responsible budget famous quote perfectly captures the amendment to the Constitution. Al- that cuts Federal spending and puts us spirit and character of the people of most every State in the Nation is re- on a path to eliminating our debt alto- the Granite State. Fiercely inde- quired to balance its budget, and our gether. State governments operate pendent and strongly protective of our Federal Government should be no dif- within a budget, families operate with- personal freedoms, we place a high pre- ferent. Last week, I was proud to join in a budget, small businesses operate mium on self-reliance, personal initia- with all 46 of my Republican colleagues within a budget, and the Senate should tive, and individual liberty. We believe in supporting such an amendment that not be working on any other legisla- strongly that government cannot and caps spending, requires the budget to tion until we resolve funding for the should not be allowed to get in the way balance, and makes it more difficult to rest of this fiscal year and pass a re- of each of us reaching our full poten- raise taxes. I ask my colleagues on the sponsible budget for 2012. tial. That is what ‘‘live free or die’’ other side of the aisle to join us in We have to begin by reviewing every means. Yet, as I stand here today and passing this important measure and to program in our government and elimi- as I have heard from so many of my fel- put this vote to the States for ratifica- nating the waste, fraud, and duplica- low Granite Staters, we are at a time tion. tion we all know is there. We know when our government has grown so I appreciate that amending the Con- there is so much more we can do to large and we have become so indebted stitution is no light matter, but our streamline our Federal Government. A that the size of our debt threatens the Founding Fathers could not have an- GAO report released in March identi- full potential and future of the greatest ticipated how unwilling Members of fied hundreds of redundant programs people and country on Earth. Congress would be to actually pass a costing us billions of dollars. ADM Mike Mullen, the Chairman of balanced budget and to make fiscally Finally, it is clear we cannot address the Joint Chiefs of Staff, has said that responsible decisions. Our Founding our country’s fiscal crisis while con- America’s debt is the greatest national Fathers were well aware of the threat tinuing to focus on only 12 percent of

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2154 CONGRESSIONAL RECORD — SENATE April 6, 2011 spending. That is certainly an impor- reminded of my 95-year-old grand- The bill clerk read as follows: tant start—and there is plenty to cut— father, John Sullivan, who is a World A bill (S. 493) to reauthorize and improve but in order to truly get our fiscal War II veteran and what his generation the SBIR and STTR programs, and for other house in order, we must look at the en- went through and what he did. My purposes. tire budget. We must repair our enti- grandfather landed on the beaches of Pending: tlement programs—Medicaid, Medi- Normandy, and he is part of what is McConnell amendment No. 183, to prohibit care, and Social Security. known as the ‘‘greatest generation’’ of the Administrator of the Environmental Entitlement reform should be an our country. Protection Agency from promulgating any issue that brings us all together—Re- Every generation is called upon anew regulation concerning, taking action relat- publicans, Democrats, Independents— to preserve our country. In my view, ing to, or taking into consideration the to ensure we keep our promises to this generation’s greatest challenge is emission of a greenhouse gas to address cli- those who are relying on those pro- having the courage and the will to take mate change. on and fix our fiscal crisis and get our Vitter amendment No. 178, to require the grams, while making sure future gen- Federal Government to sell off unused Fed- erations don’t pay for our failure to ad- fiscal house in order once and for all. eral real property. dress the fiscal reality of these pro- This is our time to show we have the Inhofe (for Johanns) amendment No. 161, to grams right now. This is certainly an fortitude and the courage to do what is amend the Internal Revenue Code of 1986 to issue that requires Presidential leader- right to preserve the greatest Nation repeal the expansion of information report- ship, and I join others in my party in on Earth. ing requirements to payments made to cor- inviting the President to work across I know we can do this, and it is truly porations, payments for property and other party lines to address this urgent pri- humbling to have the opportunity to gross proceeds, and rental property expense serve in this body at a time when I payments. ority. The American people deserve a Cornyn amendment No. 186, to establish a substantive, responsible debate on how know leadership and courage will make all the difference. On behalf of the peo- bipartisan commission for the purpose of im- we can preserve these programs in a proving oversight and eliminating wasteful fiscally sustainable way. We simply ple of New Hampshire, I stand ready to government spending. cannot continue to put off making the fight for our great country and to work Paul amendment No. 199, to cut difficult decisions today and passing with my colleagues on both sides of the $200,000,000,000 in spending in fiscal year 2011. them on to the next generation. aisle to address our fiscal crisis. I re- Sanders amendment No. 207, to establish a With our trillion dollar-plus deficits main confident that America’s best point of order against any efforts to reduce benefits paid to Social Security recipients, and rapidly accelerating debt, we are days still lie ahead of us. Thank you very much, Madam Presi- raise the retirement age, or create private again closing in on our debt ceiling. retirement accounts under title II of the So- Having to repeatedly increase the debt dent. I yield the floor. The ACTING PRESIDENT pro tem- cial Security Act. limit represents a broad failure of lead- pore. The Senator from Kentucky. Hutchison amendment No. 197, to delay the ership by politicians from both parties. implementation of the health reform law in Mr. MCCONNELL. Madam President, As a new Member of the Senate, I the United States until there is final resolu- I wish to congratulate our new col- tion in pending lawsuits. refuse to perpetuate that cycle. We league on her initial speech related to cannot let this moment pass us by, and Coburn amendment No. 184, to provide a the twin problems we have in this list of programs administered by every Fed- I cannot in good conscience raise our country of spending and debt, as well eral department and agency. debt ceiling without Congress passing as to say to her that it is pretty clear Pryor amendment No. 229, to establish the real and meaningful reforms to reduce to all of us that she is a worthy suc- Patriot Express Loan Program under which spending. That plan should include a cessor to our good friend Judd Gregg the Small Business Administration may make loans to members of the military com- balanced budget amendment, statutory whose seat she now occupies and who spending caps, spending cuts, and enti- munity wanting to start or expand small was also a leader in this body—some business concerns. tlement reform. would argue the leader in this body—on We can no longer afford the status Landrieu amendment No. 244 (to amend- the questions of our Nation’s fiscal cri- quo or business as usual in Wash- ment No. 183), to change the enactment date. sis and how to get it in order. So on be- ington. The days of spending as though The ACTING PRESIDENT pro tem- half of all of our colleagues, I congratu- there is no tomorrow to bring home the pore. The Senator from Louisiana. late Senator AYOTTE. Ms. LANDRIEU. Madam President, I bacon must end. The fiscal crisis that The ACTING PRESIDENT pro tem- threatens our Union threatens all of ask unanimous consent that Coburn pore. The Senator from Oregon. amendment No. 281 replace amendment us. We will have to make sacrifices. Mr. MERKLEY. Madam President, I No. 223 in the agreement we reached There will be times when we have to also wish to congratulate my colleague last evening. This is an updated version put aside our parochial interests and from New Hampshire. It is an extraor- of Senator COBURN’s amendment. appreciate that the only way we will be dinary privilege to serve in this Cham- The ACTING PRESIDENT pro tem- able to cut spending is for all of us to ber and it is a long tradition of the pore. Without objection, it is so or- take shared responsibility and to make Chamber to utilize one’s first speech or dered. shared sacrifices for the great country maiden speech as an opportunity to ad- Ms. LANDRIEU. Madam President, we love. dress something that is close to one’s under the previous agreement that was Make no mistake, out-of-control heart. I extend a warm welcome to her reached last evening—and I want to spending jeopardizes our Nation’s eco- and to her voice, her intellect, and her thank both leaders, Senators REID and nomic strength and costs us jobs. One passion on issues that we must, on both MCCONNELL, for working so hard with thing is for sure: We cannot spend our sides of the aisle, work to resolve in Senator SNOWE and me to try to bring way to prosperity. We need look no fur- order to build a better America and put our caucuses to conclusion points on ther than the stimulus package to America back on track. prove that stubborn fact. I thank the Chair. this very important bill, the small The reality is that government business innovation bill, that we have f doesn’t create jobs. Small businesses been negotiating now for almost 2 and entrepreneurs create jobs. What we CONCLUSION OF MORNING weeks. It is a very important program can do in the Senate is to help create BUSINESS that deserves to be reauthorized. the right tax and regulatory conditions The ACTING PRESIDENT pro tem- This bill will reauthorize this impor- to allow our businesses to thrive and pore. Morning business is closed. tant program for 8 years. We have been grow. f operating the last 4 years with 3 Despite the circumstances we face, months at a time and 6 months at a we are blessed to live in the greatest SBIR/STTR REAUTHORIZATION ACT time. Madam President, representing country in the world. There has never OF 2011 New York, you know that many of been a challenge we have not faced and The ACTING PRESIDENT pro tem- your small businesses have accessed met and overcome and been better for. pore. Under the previous order, the this program, many of your univer- When I think of what it will take to Senate will resume consideration of S. sities, to acquire or to reach cutting- address the challenges before us, I am 493, which the clerk will report. edge technologies that not only our

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2155 Federal agencies need but taxpayers SEC. ll. GREENHOUSE GAS-RELATED EXEMP- title V, no stationary source shall be re- benefit from directly. TIONS FROM PERMITTING REQUIRE- quired to apply for, or operate pursuant to, a MENTS. permit under title V, solely on the basis of This program is a job creator. It is an (a) PURPOSES.—The purposes of this section innovative program, and it is a job cre- the emissions of the stationary source of are— greenhouse gases that are subject to regula- ator. So I appreciate the work our two (1) to ensure that the greenhouse gas emis- tion under this Act solely on the basis of the leaders have done with Senator SNOWE sions from certain sources will not require a effect of the greenhouse gases on global cli- permit under the Clean Air Act (42 U.S.C. and myself to get us to this agreement. mate change, unless those emissions from 7401 et seq.); and We will be having seven votes this that source are subject to regulation under (2) to exempt greenhouse gas emissions this Act.’’. afternoon. Just to recap, they will be from certain agricultural sources from per- Baucus No. 236, Stabenow No. 277, mitting requirements under that Act. AMENDMENT NO. 277 MENDMENT.—Title III of the Clean Air Rockefeller No. 215, Coburn No. 217, (b) A (Purpose: To suspend, for 2 years, any Envi- Act (42 U.S.C. 7601 et seq.) is amended by Coburn No. 281, Coburn No. 273, which ronmental Protection Agency enforcement adding at the end the following: is a side-by-side, I think, and Inouye of greenhouse gas regulations, to exempt No. 286. Those have already been ‘‘SEC. 329. GREENHOUSE GAS-RELATED EXEMP- American agriculture from greenhouse gas TIONS FROM PERMITTING REQUIRE- agreed to, but, Madam President, our MENTS. regulations, and to increase the number of challenge is that we have 124 additional ‘‘(a) DEFINITION OF GREENHOUSE GAS.—In companies eligible to participate in the amendments that have been filed, most this section, the term ‘greenhouse gas’ successful Advanced Energy Manufac- of which have nothing to do with either means any of the following: turing Tax Credit Program) the Small Business Administration or ‘‘(1) Carbon dioxide. On page 116, after line 24, add the fol- this program. We understand Senators ‘‘(2) Methane. lowing: ‘‘(3) Nitrous oxide. are frustrated and want floor time for ‘‘(4) Sulfur hexafluoride. SEC. 504. SUSPENSION OF STATIONARY SOURCE GREENHOUSE GAS REGULATIONS. their issues, but taxpayers need this ‘‘(5) Hydrofluorocarbons. program that works. ‘‘(6) Perfluorocarbons. (a) DEFINED TERM.—In this section, the We are eliminating some programs at ‘‘(7) Nitrogen trifluoride. term ‘‘greenhouse gas’’ means— the Federal level that don’t work, but ‘‘(8) Any other anthropogenic gas, if the (1) water vapor; this one does. So we need to try to find Administrator determines that 1 ton of the (2) carbon dioxide; (3) methane; a way to get it authorized and continue gas has the same or greater effect on global climate change as does 1 ton of carbon diox- (4) nitrous oxide; the good economic numbers we are ide. (5) sulfur hexafluoride; hearing coming out of Treasury and ‘‘(b) NEW SOURCE REVIEW.— (6) hydrofluorocarbons; other independent think tanks that are ‘‘(1) MODIFICATION OF DEFINITION OF AIR (7) perfluorocarbons; and saying jobs are being created. POLLUTANT.—For purposes of determining (8) any other substance subject to, or pro- The recession looks as though it is whether a stationary source is a major emit- posed to be subject to, any regulation, ac- potentially coming to an end. We are ting facility under section 169(1) or has un- tion, or consideration under the Clean Air Act (42 U.S.C. 7401 et seq.) to address climate creating net new jobs every month. dertaken construction pursuant to section 165(a), the term ‘air pollutant’ shall not in- change. This is a program that supports that. It clude any greenhouse gas unless the gas is (b) IN GENERAL.—Except as provided in is a great foundation program based on subject to regulation under this Act for rea- subsection (d), and notwithstanding any pro- cutting-edge research and innovation sons independent of the effects of the gas on vision of the Clean Air Act (42 U.S.C. 7401 et that helps small businesses in the global climate change. seq.), any requirement, restriction, or limi- country who are the job creators. ‘‘(2) THRESHOLDS FOR EXCLUSIONS FROM tation under such Act relating to a green- So I ask Members on both sides to PERMIT PROVISIONS.—No requirement of part house gas that is designed to address climate work cooperatively throughout the day C of title I shall apply with respect to any change, including any permitting require- greenhouse gas unless the gas is subject to ment or requirement under section 111 of today. We are going to have a vote on regulation under this Act for reasons inde- these seven amendments this after- such Act (42 U.S.C. 7411), for any source pendent of the effects of the gas on global other than a new motor vehicle or a new noon, as previously agreed to, and we climate change or the gas is emitted by a motor vehicle engine (as described in section will be considering and trying to work stationary source— 202(a) of such Act (42 U.S.C. 7521(a)), shall not with Members on some of their other ‘‘(A) that is— be legally effective during the 2-year period issues. If we could get a good, strong ‘‘(i) a new major emitting facility that will beginning on the date of the enactment of small business bill agreed to this week emit, or have the potential to emit, green- this Act. house gases in a quantity of at least 75,000 (c) TREATMENT.—Notwithstanding any and sent over to the House as we re- tons of carbon dioxide equivalent per year; other provision of law, any action by the Ad- solve these very tough negotiations on or ministrator of the Environmental Protection the budget, we can be proud to, at some ‘‘(ii) an existing major emitting facility point very soon, send this bill with a that undertakes construction which in- Agency before the end of the 2-year period described in subsection (b) that causes green- few attached amendments, hopefully— creases the quantity of greenhouse gas emissions, or which results in emission of greenhouse gases to be pollutants subject to regu- not many but a few—to the President’s lation under the Clean Air Act (42 U.S.C. 7401 desk for signature. house gases not previously emitted, of at least 75,000 tons carbon dioxide equivalent et seq.), except for purposes other than ad- So, again, I thank the Members for per year; and dressing climate change, shall not be legally their cooperation, and I suggest the ab- ‘‘(B) that has greenhouse gas emissions effective with respect to any source other sence of a quorum. equal to or exceeding 250 tons per year in than a new motor vehicle or a new motor ve- I am sorry, Madam President. Let me mass emissions or, in the case of any of the hicle engine (as described in section 202 of take back that request. types of stationary sources identified in sec- such Act). tion 169(1), 100 tons per year in mass emis- (d) EXCEPTIONS.—Subsections (b) and (c) AMENDMENTS NOS. 236, 277, 215, 217, 281, 273, AND sions. shall not apply to— 286 ‘‘(3) AGRICULTURAL SOURCES.—In calcu- (1) the implementation and enforcement of Ms. LANDRIEU. Madam President, lating the emissions or potential emissions the rule entitled ‘‘Light-Duty Vehicle Green- under the previous agreement we were of a source or facility, emissions of greenhouse Gas Emission Standards and Corporate able to get to last evening, I call up the house gases that are subject to regulation Average Fuel Economy Standards’’ (75 Fed. amendments I previously cited. under this Act solely on the basis of the ef- Reg. 25324 (May 7, 2010) and without further The ACTING PRESIDENT pro tem- fect of the gases on global climate change revision); pore. The clerk will report. shall be excluded if the emissions are from— (2) the finalization, implementation, enforcement, and revision of the proposed rule The bill clerk read as follows: ‘‘(A) changes in land use; ‘‘(B) the raising of commodity crops, stock, entitled ‘‘Greenhouse Gas Emissions Stand- The Senator from Louisiana [Ms. dairy, poultry, or fur-bearing animals, or the ards and Fuel Efficiency Standards for LANDRIEU] proposes amendments en bloc growing of fruits or vegetables; or Medium- and Heavy-Duty Engines and Vehi- numbered 236, 277, 215, 217, 281, 273, and 286. ‘‘(C) farms, plantations, ranches, nurseries, cles’’ published at 75 Fed. Reg. 74152 (Novem- The amendments are as follows: ranges, orchards, and greenhouses or other ber 30, 2010); similar structures used primarily for the (3) any action relating to the preparation AMENDMENT NO. 236 raising of agricultural or horticultural com- of a report or the enforcement of a reporting (Purpose: To prohibit the regulation of modities. requirement; or greenhouse gases from certain sources) ‘‘(c) TITLE V OPERATING PERMITS.—Not- (4) any action relating to the provision of At the end, add the following: withstanding any provision of title III or technical support at the request of a State.

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SEC. 505. GREENHOUSE GAS EMISSIONS FROM as the Secretary determines necessary to AMENDMENT NO. 281 AGRICULTURAL SOURCES. make allocations to qualified investments In calculating the emissions or potential (Purpose: To save at least $20 million annu- with respect to which qualifying applications ally by ending federal unemployment pay- emissions of a source or facility, emissions were submitted before the date of the enact- of greenhouse gases that are subject to regu- ments to jobless millionaires and billion- ment of paragraph (6))’’ after ‘‘$2,300,000,000’’. aires) lation under title III of the Clean Air Act (42 (c) CONFORMING AMENDMENT.—Paragraph U.S.C. 7601 et seq.) solely on the basis of the (2) of section 1324(b) of title 31, United States At the end of title V, add the following: effect of the gases on global climate change Code, is amended by inserting ‘‘48C(d)(6)(E),’’ shall be excluded if the emissions are from— SEC.ll. ENDING UNEMPLOYMENT PAYMENTS after ‘‘36C,’’. TO JOBLESS MILLIONAIRES AND (1) changes in land use; BILLIONAIRES. (2) the growing of commodities, biomass, AMENDMENT NO. 215 fruits, vegetables, or other crops; (Purpose: To suspend, until the end of the 2- (a) PROHIBITION.—Notwithstanding any (3) the raising of stock, dairy, poultry, or year period beginning on the date of enact- other provision of law, no Federal funds may fur-bearing animals; or ment of this Act, any Environmental Pro- be used to make payments of unemployment (4) farms, forests, plantations, ranches, tection Agency action under the Clean Air compensation (including such compensation nurseries, ranges, orchards, greenhouses, or Act with respect to carbon dioxide or under the Federal-State Extended Com- other similar structures used primarily for methane pursuant to certain proceedings, pensation Act of 1970 and the emergency un- the raising of agricultural or horticultural other than with respect to motor vehicle employment compensation program under commodities. emissions) title IV of the Supplemental Appropriations Act, 2008) to an individual whose adjusted SEC. 506. EXTENSION OF THE ADVANCED ENERGY At the end, add the following: PROJECT CREDIT. gross income in the preceding year was equal TITLE VI—BUSINESS INCUBATOR to or greater than $1,000,000. (a) IN GENERAL.—Subsection (d) of section PROMOTION 48C of the Internal Revenue Code of 1986 is (b) COMPLIANCE.—Unemployment Insurance amended by adding at the end the following SEC. 601. SHORT TITLE. applications shall include a form or proce- new paragraph: This title may be cited as the ‘‘EPA Sta- dure for an individual applicant to certify ‘‘(6) ADDITIONAL 2011 ALLOCATIONS.— tionary Source Regulations Suspension the individual’s adjusted gross income was ‘‘(A) IN GENERAL.—Not later than 180 days Act’’. not equal to or greater than $1,000,000 in the after the date of the enactment of this para- SEC. 602. SUSPENSION OF CERTAIN EPA ACTION. preceding year. graph, the Secretary, in consultation with (a) IN GENERAL.—Except as provided in (c) AUDITS.—The certifications required by the Secretary of Energy, shall establish a subsection (b), notwithstanding any provi- (b) shall be auditable by the U.S. Depart- program to consider and award certifications sion of the Clean Air Act (42 U.S.C. 7401 et ment of Labor or the U.S. Government Ac- for qualified investments eligible for credits seq.), until the end of the 2-year period be- countability Office. under this section to qualifying advanced en- ginning on the date of enactment of this Act, (d) STATUS OF APPLICANTS.—It is the duty ergy project sponsors with respect to appli- the Administrator of the Environmental of the states to verify the residency, employ- cations received on or after the date of the Protection Agency may not take any action ment, legal, and income status of applicants enactment of this paragraph. under the Clean Air Act (42 U.S.C. 7401 et for Unemployment Insurance and no federal ‘‘(B) LIMITATION.—The total amount of seq.) with respect to any stationary source funds may be expended for purposes of deter- credits that may be allocated under the pro- permitting requirement or any requirement mining an individual’s eligibility under this gram described in subparagraph (A) shall not under section 111 of that Act (42 U.S.C. 7411) Act. Effective Date.—The prohibition under exceed the 2011 allocation amount reduced by relating to carbon dioxide or methane. subsection (a) shall apply to weeks of unem- so much of the 2011 allocation amount as is (b) EXCEPTIONS.—Subsections (a) and (c) ployment beginning on or after the date of taken into account as an increase in the lim- shall not apply to— the enactment of this Act. itation described in paragraph (1)(B). (1) any action under part A of title II of the ‘‘(C) APPLICATION OF CERTAIN RULES.—Rules Clean Air Act (42 U.S.C. 7521 et seq.) relating AMENDMENT NO. 273 similar to the rules of paragraphs (2), (3), (4), to the vehicle emissions standards; (Purpose: To save at least $5 billion by con- and (5) shall apply for purposes of the pro- (2) any action relating to the preparation solidating some duplicative and overlap- gram described in subparagraph (A), except of a report or the enforcement of a reporting ping government programs) that— requirement; or At the end of title V, add the following: ‘‘(i) CERTIFICATION.—Applicants shall have (3) any action relating to the provision of 2 years from the date that the Secretary es- technical support at the request of a State. SEC.ll. CONSOLIDATING UNNECESSARY DUPLI- tablishes such program to submit applica- (c) TREATMENT.—Notwithstanding any CATIVE AND OVERLAPPING GOV- tions. other provision of law, no action taken by ERNMENT PROGRAMS. ‘‘(ii) SELECTION CRITERIA.—For purposes of the Administrator of the Environmental Notwithstanding any other provision of paragraph (3)(B)(i), the term ‘domestic job Protection Agency before the end of the 2- law, not later than 150 days after the date of creation (both direct and indirect)’ means year period described in subsection (a) (in- enactment of this Act, the Director of the the creation of direct jobs in the United cluding any action taken before the date of Office of Management and Budget shall co- States producing the property manufactured enactment of this Act) shall be considered to ordinate with the heads of the relevant de- at the manufacturing facility described make carbon dioxide or methane a pollutant partment and agencies to— under subsection (c)(1)(A)(i), and the cre- subject to regulation under the Clean Air (1) use available administrative authority ation of indirect jobs in the manufacturing Act (42 U.S.C. 7401 et seq.) for any source to eliminate, consolidate, or streamline Gov- supply chain for such property in the United other than a new motor vehicle or new ernment programs and agencies with dupli- States. motor vehicle engine, as described in section cative and overlapping missions identified in ‘‘(iii) REVIEW AND REDISTRIBUTION.—The 202(a) of that Act (42 U.S.C. 7521(a)). the March 2011 Government Accountability Secretary shall conduct a separate review AMENDMENT NO. 217 Office report to Congress entitled ‘‘Opportu- and redistribution under paragraph (5) with nities to Reduce Potential Duplication in (Purpose: To save at least $8.5 million annu- respect to such program not later than 4 Government Programs, Save Tax Dollars, ally by eliminating an unnecessary pro- years after the date of the enactment of this and Enhance Revenue’’ (GAO–11–318SP) and gram to provide federal funding for covered paragraph. apply the savings towards deficit reduction; bridges) ‘‘(D) 2011 ALLOCATION AMOUNT.—For pur- (2) identify and report to Congress any leg- poses of this subsection, the term ‘2011 allo- At the end of title V add the following: islative changes required to further elimi- cation amount’ means $5,000,000,000. SEC.ll. ELIMINATING THE NATIONAL HISTORIC nate, consolidate, or streamline Government ‘‘(E) DIRECT PAYMENTS.—In lieu of any COVERED BRIDGE PRESERVATION programs and agencies with duplicative and qualifying advanced energy project credit PROGRAM. overlapping missions identified in the March which would otherwise be determined under (a) REPEAL.—Section 1224 of the Transpor- 2011 Government Accountability Office re- this section with respect to an allocation to tation Equity Act for the 21st Century (Pub- port to Congress entitled ‘‘Opportunities to a taxpayer under this paragraph, the Sec- lic Law 105–178; 112 Stat. 225; 112 Stat. 837) is Reduce Potential Duplication in Govern- retary shall, upon the election of the tax- repealed. ment Programs, Save Tax Dollars, and En- payer, make a grant to the taxpayer in the (b) FUNDING.—Notwithstanding any other hance Revenue’’ (GAO–11–318SP); provision of law— amount of such credit as so determined. (3) determine the total cost savings that (1) no Federal funds may be expended on or Rules similar to the rules of section 50 shall shall result to each agency, office, and de- after the date of enactment of this Act for apply with respect to any grant made under partment from the actions described in sub- the National Historic Covered Bridge Preser- this subparagraph.’’. section (1); and (b) PORTION OF 2011 ALLOCATION ALLOCATED vation Program under the section repealed (4) rescind from the appropriate accounts TOWARD PENDING APPLICATIONS UNDER ORIGI- by subsection (a); and the amount greater of— NAL PROGRAM.—Subparagraph (B) of section (2) any funds made available for that pro- 48C(d)(1) of such Code is amended by insert- gram that remain unobligated as of the date (A) $5,000,000,000; or ing ‘‘(increased by so much of the 2011 alloca- of enactment of this Act shall be rescinded (B) the total amount of cost savings esti- tion amount (not in excess of $1,500,000,000) and returned to the Treasury. mated by paragraph (3).

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2157 AMENDMENT NO. 286 cial Security] trust funds is invested in U.S. Poverty in America is increasing. (Purpose: To provide for the Director of the Government securities . . . the investments Since 2000, nearly 12 million Americans Office of Management and Budget to sub- held by the trust funds are backed by the full have slipped out of the middle class mit recommended rescissions in accord- faith and credit of the U.S. Government. The and into poverty. As a nation we have Government has always repaid Social Secu- ance with the Congressional Budget and 50 million Americans today who have Impoundment Control Act of 1974 for Gov- rity, with interest.’’. ernment programs and agencies with dupli- (9) Social Security provides the majority no health insurance and that number cative and overlapping missions) of income for two-thirds of the elderly popu- has increased. In recent years we have At the end of title V, add the following: lation in the United States, with approxi- the highest rate of child poverty of any SEC. lll. CONSOLIDATING UNNECESSARY DU- mately one-third of elderly individuals re- major country on Earth. We are PLICATIVE AND OVERLAPPING GOV- ceiving nearly all of their income from So- deindustrializing at a rapid rate. In the ERNMENT PROGRAMS. cial Security. last 10 years we have lost 50,000 of our Notwithstanding any other provision of (10) Overall, Social Security benefits for law, not later than 150 days after the date of retirees currently average a modest $14,000 a largest manufacturing plants as many enactment of this Act, the Director of the year, with the average for women receiving of our largest corporations have de- Office of Management and Budget shall— benefits being less than $12,000 per year. cided it is more profitable to do busi- (1) compile a list of Government programs (11) Nearly 1 out of every 4 adult Social Se- ness in China and other low-wage coun- and agencies selected from the Government curity beneficiaries has served in the United tries rather than invest in America. programs and agencies with duplicative and States military. overlapping missions identified in the March (12) Proposals to privatize the Social Secu- That is one reality. Then there is an- 2011 Government Accountability Office re- rity program would jeopardize the security other reality that we don’t talk about port to Congress entitled ‘‘Opportunities to of millions of Americans by subjecting them too much. It is while the middle class Reduce Potential Duplication in Govern- to the ups-and-downs of the volatile stock disappears and poverty increases, peo- ment Programs, Save Tax Dollars, and En- market as the source of their retirement ple on the top are doing phenomenally hance Revenue’’ (GAO–11–318SP); and benefits. well. Today, about 1 percent of top in- (2) in accordance with the Congressional (13) Social Security is a promise that this come earners earn about 23 percent of Budget and Impoundment Control Act of Nation cannot afford to break. 1974, submit to Congress recommended (b) PROTECTION OF SOCIAL SECURITY BENE- all income. That is more than the bot- amounts of rescissions of budget authority FITS.—It is the sense of the Senate that, as tom 50 percent—the top 1 percent earn for Government programs and agencies on part of any legislation to reduce the Federal more income than the bottom 50 per- that list. deficit— cent and the gap between the very rich AMENDMENT NO. 207, AS MODIFIED (1) Social Security benefits for current and and everybody else is growing wider. future beneficiaries should not be cut; and Ms. LANDRIEU. Madam President, I Not widely discussed but true, in ask unanimous consent that Senator (2) the Social Security program should not be privatized. America today the wealthiest 400 fami- SANDERS’ amendment No. 207 now be Ms. LANDRIEU. Madam President, I lies own more wealth than the bottom modified with the changes at the desk. 150 million Americans—400 families, 150 The ACTING PRESIDENT pro tem- ask unanimous consent that any time million Americans. That is an unbe- pore. Without objection, it is so or- spent in a quorum call prior to the dered. votes at 4 p.m. be equally divided. lievable gap in terms of wealth, be- The amendment, as modified, is as The ACTING PRESIDENT pro tem- tween a handful of families and the follows: pore. Without objection, it is so or- vast majority of the American people. At the appropriate place, insert the fol- dered. That gap is growing wider. lowing: Ms. LANDRIEU. Madam President, I In 2007, the wealthiest 1 percent took SEC. ll. SENSE OF THE SENATE. yield the floor, and I suggest the ab- in 23.5 percent of all the income earned (a) FINDINGS.—The Senate makes the fol- sence of a quorum. in the United States; the top 0.1 per- lowing findings: The ACTING PRESIDENT pro tem- cent took in 11 percent of total income. (1) Social Security is the most successful pore. The clerk will call the roll. and reliable social program in our Nation’s The percentage of income going to the history. The bill clerk proceeded to call the top 1 percent has nearly tripled since (2) For 75 years, through good times and roll. the 1970s, and between 1980 and 2005, 80 bad, Social Security has reliably kept mil- Mr. SANDERS. Madam President, I percent of all new income generated in lions of senior citizens, individuals with dis- ask unanimous consent the order for this country went to the top 1 percent. abilities, and children out of poverty. the quorum call be rescinded. We are living in a society where the (3) Before President Franklin Roosevelt The ACTING PRESIDENT pro tem- very wealthiest people are becoming signed the Social Security Act into law on pore. Without objection, it is so or- wealthier; the middle class is dis- August 14, 1935, approximately half of the dered. senior citizens in the United States lived in appearing; poverty is increasing. That poverty; less than 10 percent of seniors live THE BUDGET takes us to the budget situation our in poverty today. Mr. SANDERS. Madam President, we Republican friends are pushing. (4) Social Security has succeeded in pro- are at a unique and enormously impor- tecting working Americans and their fami- tant moment in American history. The At a time when the richest people are lies from devastating drops in household in- decisions that will be made by the Con- becoming richer, what the Republicans come due to lost wages resulting from retire- gress and the President in the coming say is the answer is let us give million- ment, disability, or the death of a spouse or aires and billionaires even more in tax parent. days, weeks, and months, will in many ways determine how we go forward as a breaks. At a time when the middle (5) More than 53,000,000 Americans receive class is in decline, poverty is increas- Social Security benefits, including 36,500,000 nation and will impact the lives of vir- retirees and their spouses, 9,200,000 veterans, tually every one of our 300-plus million ing, what our Republicans are saying is 8,200,000 disabled individuals and their citizens. let us attack virtually every signifi- spouses, 4,500,000 surviving spouses of de- The reality today, as I think most cant program that improves lives for ceased workers, and 4,300,000 dependent chil- Americans know, is that within our low-income or moderate-income peo- dren. economy we have a middle class which ple. The rich get richer, they get more. (6) According to the Social Security Ad- The middle class gets poorer, they get ministration, the Social Security Trust is collapsing. In the last 10 years, me- dian family income has declined by less. Maybe that sense of morality Funds currently maintain a $2,600,000,000,000 makes sense to some people. It does surplus that is project to grow to $2,500. Millions of American workers $4,200,000,000,000 by 2023. are working longer hours for lower not make sense to this Senator and I (7) According to the Social Security Ad- wages. If you look at real unemploy- do not believe it makes sense to the ministration, even if no changes are made to ment rather than the official unem- vast majority of the American people. the Social Security program, full benefits ployment, we are talking about 16 per- Our Republican friends outlined their will be available to every recipient until cent of our people unemployed or un- immediate budget proposals for 2011, 2037, with enough funding remaining after that date to pay about 78 percent of prom- deremployed. Numbers may be even for the CR, in their bill H.R. 1. Let me ised benefits. higher for certain blue collar workers briefly review it because I want every- (8) According to the Social Security Ad- and for young workers. The middle body in America to understand what ministration, ‘‘money flowing into the [So- class is in very dire straits. these folks want to see happen and it is

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2158 CONGRESSIONAL RECORD — SENATE April 6, 2011 important that we discuss it. Fifty mil- Right now, if you are a senior citizen think every Member of the Senate is lion Americans have no health insur- and you get sick and you need to go to concerned about the issue and wants to ance today. The Republican solution is the hospital, you have a health insur- address it. slash $1.3 billion for community health ance program called Medicare, which The question is, Do we move toward care centers that provide primary has been lifesaving for millions of sen- a balanced budget on the backs of the health care to 11 million patients. iors. The Republican budget as out- weakest, most vulnerable people in our What happens when you are sick, you lined by Congressman RYAN yesterday country, on the backs of the poor, the have no insurance, you don’t have any essentially ends Medicare as we know children, the elderly, the disabled? money, you can’t go to a doctor—what it and converts it into a voucher-type That is one way we can do it or do we happens? Perhaps you die, perhaps you program that will leave seniors paying ask for shared sacrifice? Do we say to suffer, perhaps you are lucky enough to out of pocket for many lifesaving the wealthiest people in the country, get into a hospital. We spend huge health care costs. do we say to the largest corporations sums of money treating you when you In other words, if you end up, at the in this country: You are part of Amer- could have been treated a lot more cost age of 75, with cancer or another ill- ica, too, and you have to help us get effectively through a community ness, what the Republican proposal out of this deficit crisis. health center. does is give a voucher to a private in- Last week, I issued a list of 10 major Today, in my office and I suspect in surance company—$6,000, $8,000, we are corporations—10 major corporations your office, people will tell you that it not exactly sure—and after that, good that paid nothing in taxes in recent takes too long for them to get their luck, you are on your own. You have an years, and, in some cases, actually got claims from the Social Security Ad- income of $15,000, you have cancer, how a rebate from the Federal Government ministration, the disability claims— are you going to pay for that? The Re- after making huge profits. To my the waiting line is too long. The Re- publicans say there will be a voucher, mind, instead of cutting back on Head publican solution is slash $1.7 billion ending Medicare as we know it right Start and Pell grants and community from the Social Security Administra- now. health centers—which will have a dev- tion, making seniors and the disabled The Republican proposal would force astating impact on low- and moderate- wait even longer. Everybody in Amer- seniors to pay $3,500 more for prescrip- income Americans—maybe we might ica knows how hard it is for a middle- tion drugs. The proposal would reopen want to ask General Electric, which class family to send their kids to col- the prescription drug doughnut hole, made $26 billion in profits over the last lege. The most significant Federal pro- requiring that seniors pay full price for 5 years and received a $4.1 billion re- grams, such as the Pell grant program, prescription drugs. At a time when so fund from the IRS, maybe we might make it easier for low and moderate- many of our people have no health in- income families to afford college. The want to ask them to pay something in surance, the Republican budget con- Republican solution is slash $5.7 billion taxes. I think it is a bit absurd that the av- from Pell grants which means that tains $1.4 trillion in Medicaid cuts over erage middle-class person pays more in over 9 million American students will 10 years by turning it into a block Federal income taxes than does Gen- lose some or all of their Pell grants. grant program. We are now reading in eral Electric. Maybe we want to change Many of them will not be able to go to various States that have budget prob- college. lems that their solution to the budget that. Maybe we want to ask Chevron, Everybody, every working family in problems is simply to throw people off which made $10 billion in profits in America, knows how hard it is today to of Medicaid, including children. What 2009, which got a $19 million dollar re- find quality, affordable childcare. In happens if you have no health insur- fund from the IRS, maybe to pay some- most American middle-class families ance and you get sick? thing in taxes so we can move toward the husband works, the wife works— We are beginning to talk about death deficit reduction in a way that is fair. they want to know their kids are in a panels. That is what we are talking Here is the bottom line: corporate safe, good-quality childcare center. For about. If you are sick, you have no profits are at an alltime high. The rich- decades now, Head Start has done an health insurance, what do you do? My est people in this country are doing excellent job in providing quality early guess—we have options—you die, you phenomenally well. The middle class is childhood education for low-income get sicker, you suffer in ways that you in decline. Poverty is increasing. Re- kids. In the midst of that childcare cri- did not have to suffer. publican answer: More tax breaks for sis, the Republican solution is slash The Republican proposal, as outlined the very rich, lower corporate taxes, Head Start by 20 percent, throw 218,000 by Congressman RYAN yesterday, also but stick it to working families in a children off of Head Start, lay off 55,000 includes over $1.6 trillion in cuts over horrendous way, which will cause mas- Head Start instructors. the next decade for education, Pell sive pain. On and on it goes. In my State it gets grants, infrastructure, affordable hous- We are at a fork in the road in terms cold in the winter, 20 below zero. Many ing, food stamps, food safety, and other of public policy. Do we develop public seniors living on Social Security can- vital programs for the middle class, the policy which protects all our people, not afford the escalating costs of home elderly, the sick, and the children. which expands the middle class, or are heating oil. The Republican solution: What is also interesting—it is lit- we at a moment in history which Slash $400 million in funding for erally beyond belief to me—is while moves this country aggressively to- LIHEAP, making it harder for seniors Republicans are slashing programs for ward oligarchy, in which we have a and other low-income people to stay low- and middle-income people, what small number of people at the top with warm in the wintertime. they are also doing—I think people will incredible wealth and incredible power, What we should be very clear about think I am not serious, but I am—at while the middle class continues to disas we discuss the budget is the Repub- the same time as the rich are getting appear. lican proposals for the continuing reso- richer and they are slashing programs Now is the time, in my view, for lution for the remainder of fiscal year for low- and moderate-income people, working families all over this country 2011 are only the first step in their the Republican budget plan would sig- to stand and say: Enough is enough. We long-term plan for America. Yesterday nificantly lower taxes for millionaires need shared sacrifice as we go forward. what we saw is the real vision of the and billionaires. We do not need to see the middle class Republican Party, for where they want So we cut Head Start, we cut Pell in this country further disappear. to take this country into the future. grants, we cut community health cen- I yield the floor. While I applaud them for being ters, but at the same time we give huge The ACTING PRESIDENT pro tem- straightforward about that vision, I tax breaks for millionaires and billion- pore. The Senator from Montana. think the more the American people aires. Furthermore, the Republican AMENDMENT NO. 236 take a hard look at where they want proposal would also lower taxes for the Mr. BAUCUS. Madam President, I this country to go, the more outraged largest corporations in this country. rise today to speak to amendment No. will be millions and millions of citizens My point is, we all do understand that 236 to exempt farmers, ranchers, and as they understand the Republican pro- this country has a serious deficit prob- small businesses from EPA regulation posal for the future. lem and a $14 trillion national debt. I of greenhouse gases.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2159 The science is clear: greenhouse gas The PRESIDING OFFICER (Mr. tion we are in today because of deci- pollution is causing climate change. FRANKEN). The clerk will call the roll. sions all of us have made over the last Climate change is here, it is real, it is The assistant legislative clerk pro- decades. In fact, I saw yesterday in the human caused, and it will hurt our ceeded to call the roll. paper where Speaker BOEHNER was economy and the health of our kids and Mr. PRYOR. I ask unanimous con- talking to some of his caucus about grandkids. sent that the order for the quorum call getting ready for the shutdown, and In Montana we are already seeing the be rescinded. there were ovations over there. There effects. According to Dr. Steve Run- The PRESIDING OFFICER. Without are no ovations over here for a govern- ning at the University of Montana, the objection, it is so ordered. ment shutdown. We do not want to see duration of the wildlife season in the Mr. PRYOR. I ask unanimous con- it. I am not only talking about Demo- western United States has increased by sent to speak as in morning business crats. I don’t know of any Republicans 78 days since the 1970s. This trend is for 10 minutes. in the Senate who want to see a shut- driven by earlier snowpack melt and The PRESIDING OFFICER. Without down. In fact, from my standpoint, one less summer precipitation due to cli- objection, it is so ordered. of the tests I use when I look at politi- mate change. And this trend costs jobs FISCAL CHALLENGES cians is, the louder they are and the in Montana’s tourism and timber in- Mr. PRYOR. Mr. President, we find more often they have press conferences dustry. ourselves in dangerous territory. While to blame other people, that probably Climate change also endangers our Republicans and Democrats continue means the more they are to blame for national security. According to a re- to point fingers and hold fiery press the problems we have today. port recently authored by retired Navy conferences, a government shutdown is I certainly hope that as the elections ADM Frank Bowman, ‘‘Even the most quickly approaching. The blame game roll around next year, the American moderate predicted trends in climate is like quicksand: it has the ability to people will remember many of the poli- change will present new national secu- drag down not only the Senate and the ticians’ attempts in Washington to rity challenges.’’ That is why the Pen- House but the entire economy and our avoid responsibility for this terrible tagon included climate change among country. No matter how one looks at fiscal crisis. the security threats identified in its it, a shutdown would be reckless and One thing we need to keep in mind is Quadrennial Defense Review. irresponsible. that what we are talking about this I believe that we all have a moral re- We can get this short-term budget week in terms of shutting down the sponsibility to leave this world to our problem resolved if all parties would government—and I hope that doesn’t kids and grandkids in better shape turn off the rhetoric and stop the cam- happen—is really only important for than we found it. That means we ought paigning. A few extreme partisans the next 6 months. We are only talking to deal with climate change by reduc- stand in the way of progress, blocking about for the rest of this fiscal year. ing our emissions of greenhouse gas a good-faith effort of many others The real battle, the more meaningful pollution. But we must do so in a man- seeking common ground. I ask them to discussion and debate and fight, even, ner that does not hurt the economic re- take to heart what it says in the book that we need to have is over long-term covery. of Isaiah: Come now, let us reason to- fiscal policies. The next 6 months—I Small businesses and agriculture are gether. don’t want to say that is not impor- the drivers of our economic recovery We need to overcome this budget im- tant, because it is—is a time for us to and job creation. Of the 200,000 jobs passe and live up to the oath we took demonstrate to the American people, added in March, over half were created and to the people we represent. Larger to the markets, and to the world that by businesses with 50 or fewer employ- challenges await our attention. It is we can come up with political solutions ees. And over 90 percent of the 200,000 not in our best interest to see the gov- to the very challenging problems we jobs created last month were created ernment shut down. I don’t think it is face. by businesses with 500 or fewer employ- in the best interest of the Nation to I am also concerned in this fragile ees. My amendment ensures that these continue on this deficit-spending cycle economy that if we do shut down the businesses can continue to add jobs. we have been on. We owe it to the government, that might be something My amendment is very simple. It ex- American people and the world that is that would shake this economy and ac- empts farmers, ranchers, and small watching us to show American leader- tually, possibly, stop it in its tracks. I businesses from EPA’s greenhouse gas ship on both our short-term and long- hope it will not reverse it, but I do pollution regulations. term fiscal challenges. have a concern about an abrupt cutoff Under my amendment only about I would like to see us turn our effort of government spending, what that 15,000 of the more than 6 million sta- to the blueprint provided by the debt might do to the economy. tionary sources that emit greenhouse commission. I commend the bipartisan Our fiscal challenges that the debt gases in the country would be regu- group of Senators who have begun to commission focused on and many of us lated by EPA. These 15,000 sources are turn part of this plan into legislation. have focused on are beyond politics. large plants run by big corporations. We must find ways to reduce spend- They are bigger than politics. They are And over 96 percent of these 15,000 ing, address entitlement programs, and more important than the next election. sources already have to get permits reform the Tax Code. Now, with all the In fact, they are more important than under the Clean Air Act for emissions momentum and opportunity built up our own personal political fortunes. of criteria pollutants. Moreover, these over the last few months, is the time to This fiscal situation we are in is not 15,000 polluters account for 70 percent lead. We must make the serious deci- about the next election; it is about the of greenhouse gas emissions from sta- sions to get our Nation out of the red next generation. tionary sources in the country. So so we can be competitive in the future. If we look back at the time that we under the Baucus amendment, small Again, I say let’s turn off the rhetoric call the Battle of Britain, one of the businesses would be protected, while and be part of the solution, not part of things Winston Churchill said that al- the biggest polluters that account for the problem. ways stuck with me is, ‘‘Never in the the vast majority of emissions would In Washington, the blame game has field of human conflict was so much have to comply with the law. become par for the course. It has be- owed by so many to so few.’’ He was EPA is going forward with regula- come politics as usual. In fact, it is one talking about those brave men who tions to reduce greenhouse gas pollu- thing that people in my State are sick flew the airplanes over Great Britain tion. We ought to ensure these regula- and tired of and one of the reasons why to protect the skies and the British tions preserve our outdoor heritage, they have lost confidence in the Con- people and to win the war, to stop Nazi protect our children’s health, promote gress and in our government. Besides Germany from invading and defeating our national security, and protect that, how in the world does holding the British Empire. small businesses, farmers, and ranch- press conferences and pointing fingers The ‘‘so few’’ we have today are TOM ers. My amendment does just that, and at others help resolve anything? Be- COBURN, DICK DURBIN, MARK WARNER, I urge my colleagues to support it. sides that, it is not true because the SAXBY CHAMBLISS, MIKE CRAPO, and I suggest the absence of a quorum. truth is that we are in this fiscal situa- KENT CONRAD. Those few have been

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2160 CONGRESSIONAL RECORD — SENATE April 6, 2011 meeting for weeks, even months, to try Mr. JOHANNS. Mr. President, I ask standing approach. The EPA asked for to come up with a comprehensive budg- unanimous consent that the order for a 2-year delay to write the permit and et agreement based on the blueprint of the quorum call be rescinded. set up a compliance regime. They the debt commission. These six Sen- The PRESIDING OFFICER. Without moved forward with onerous permit- ators are not politicians; they are objection, it is so ordered. ting requirements for our producers statesmen. They are trying to do what Mr. JOHANNS. Mr. President, I ask that will provide no environmental is right for the country. They are try- unanimous consent to speak for 10 min- gain. This would subject the pesticide ing to do what is in the country’s best utes as in morning business. applicators to new and duplicative re- interest, not their own. I guarantee my The PRESIDING OFFICER. Without quirements—a distinct shift in how the colleagues, each one of the six will face objection, it is so ordered. EPA regulates pesticides. It created a tremendous criticism from their own PESTICIDE REGULATION whole new world. This additional per- parties and from other quarters about Mr. JOHANNS. Mr. President, I rise mitting is now inefficient, it is unnec- what they are trying to accomplish. To today to talk about another example of essary, and I would argue it is inappro- me, that is courage, leadership; that is an EPA that, I believe, is out of step priate for agriculture. what being a Senator is all about. with American agriculture. EPA’s permitting requirements also I know right now there are six of EPA continues to pursue regulations present a challenge to local public them meeting. I know that at some that would require farmers to file for health officials who work to control point, once they come out and once an additional permit if they want to mosquitoes and prevent the spread of they are ready to announce what they apply pesticides, while just last month disease. The American Mosquito Con- want to do, many others will join that EPA Administrator Jackson mentioned trol Association estimates that com- effort. But we need to cheer them on ‘‘the critical work that farmers are plying with the additional regulation and encourage them to finish the hard doing to protect our soil, air, and water could cost each pesticide user at least task they have begun. resources.’’ Yet the EPA continues, I $200,000 and potentially $600,000 in Cali- I am reminded, when I think about believe, to handcuff our farmers and fornia alone. The dual permit require- those six sitting in the Capitol and in our ranchers with very stringent new ment may reduce the availability of various rooms around the Capitol, of regulations but still expects them to do pesticides proven to control mosquito that phrase in the Declaration of Inde- all they can to feed a hungry world. populations. Thus, the ability of public pendence right before our Founding Fa- Time and time again, farmers have health officials to control mosquitoes thers signed that great document consistently proven to be excellent and the spread of disease will be hin- where they say: ‘‘We mutually pledge stewards of the environment. They dered. to each other our lives, our fortunes, make their living from the land, and We all know bugs and weeds won’t and our sacred honor.’’ This is our time they are very mindful of maintaining wait on another additional permit from EPA, and I surely don’t think farmers to put it all on the line. We need to put and protecting and improving it. I and public officials should have to go our political lives on the line, our po- speak from experience. I grew up on a through this additional process. Last litical fortunes on the line, and our farm. honor. We need to honor the commit- Unfortunately, we have watched or- week, the House of Representatives passed the Reducing Regulatory Bur- ment we have made to this country ganizations use the courts to twist dens Act—H.R. 872. It passed with over- when all 100 of us stood up—in fact, laws against American agricultural whelming support. I am very pleased to when all 535 of us stood up—and took production. A Democratic Congress- report it was a bipartisan vote of 292 to the oath of office that we were going to man from California recently noted 130. Democratic Congressman COLLIN do what was right for the country. that EPA ‘‘often pursues a course of I mentioned the Book of Isaiah a few PETERSON, with whom I worked when I agency activism.’’ He points out that moments ago. I am reminded that was Secretary of Agriculture and EPA is using the settlement of law- many times in the Old Testament, whom I have a lot of respect for, said suits to give them jurisdiction over whether in the prophets or Proverbs, this: issues that may not be allowed under we are always encouraged to do right, It was never the intent of Congress to bur- existing law. to do justice, to show mercy. We want den producers with additional permit re- More and more we are seeing impor- to really be upright and true. That is quirements that would have little to no envi- tant policy decisions that impact agri- what they call us to do and what they ronmental benefit. culture arise not from the legislative want us to do. I could not agree more with the I am also reminded that in the New process, where it should arise from, but former chair of the House Agriculture Testament, when Jesus is talking to from the litigation process where a Committee. But he is not alone. Fifty- the political and religious leadership of lawsuit settlement results in policy de- seven of his Democratic colleagues sup- his day, he says: Are you so blind? cisions being made. ported this bipartisan legislation to set Are we so blind that we cannot see In January 2009 a court overturned the record straight and send a clear the forest for the trees, that we can’t the normal practice of allowing farm- message to the EPA. understand how important it is for this ers to apply pesticides as long as they Here in the Senate, I am a cosponsor country to get our debt and deficit complied with labeling requirements of a similar bill Senator ROBERTS in- where it needs to be? Are we so blind under the Federal Insecticide, Fun- troduced this week. I am pleased to that we are not able to see that we gicide, and Rodenticide Act, which is stand here today and support his bill. need to put everything on the table, known as FIFRA. Both of these bills are designed to that this is a time for great leadership The Sixth Circuit Court ruled that eliminate this burdensome, costly, re- and shared sacrifice, and we all have to EPA doubly regulate pesticide applica- dundant permit requirement for pes- give up something to get this done? tions under FIFRA and the Clean ticide applications. I commend his ef- It is our time to lead. This may be Water Act. Well, at least 25 Senate and forts here. He is trying to do something the greatest challenge of our genera- House Members, including myself, sup- to solve this problem while protecting tion, of any of us who are serving ei- ported an amicus brief urging review of farmers and ranchers from additional ther in the House or Senate right now. the court’s very ill-advised decision. regulation, but also very mindful of This may be our one moment in his- But, instead, the Obama administra- our environment. tory for greatness. I sincerely hope we tion chose to wave the white flag, ig- I urge the majority leader to act rise to the challenge because I believe noring the science and caving to activ- quickly on the legislation to address the future of the Republic depends on ists. They urged the Supreme Court the EPA’s redundant and costly dou- it. not to hear the case and to let the rul- ble-permitting requirements. We can I yield the floor and suggest the ab- ing stand. address this in the Senate. If we don’t sence of a quorum. For years EPA managed pesticide find a solution, our producers will con- The PRESIDING OFFICER. The permitting within established environ- tinue being told how to operate in a clerk will call the roll. mental and safety requirements. Yet very difficult environment. Our pro- The assistant legislative clerk pro- the administration refused to defend ducers already deal with the uncer- ceeded to call the roll. what was a very established, long- tainty of Mother Nature. We should

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2161 not infuse even more uncertainty into ful to our national security. Every dol- Once again, I strongly oppose any at- their lives in the form of these regula- lar we spend overseas to pay for oil is tempt to take away the EPA’s ability tions that duplicate with no discernible more money in the pockets of coun- to do their job, and I hope we can work benefit. tries that are too often far from friend- together to find real solutions to the President Obama recently promised ly to our national security interests, critical problems that face our coun- to eliminate programs that duplicate and that doesn’t make any sense to me. try. each other. In fact, he issued an Execu- But this debate isn’t just about Thank you, Mr. President. I yield the tive order calling for a government- health and the environment, and it is floor and I suggest the absence of a wide review to identify programs that not just about our national security quorum. either duplicated or, as he said at the dependence on foreign oil. It is also The PRESIDING OFFICER. The time, were just plain dumb. I submit to about jobs and the economy, which is clerk will call the roll. my colleagues that this pesticide dou- exactly what we ought to be focused on The bill clerk proceeded to call the ble regulation is unnecessary and as right now. roll. dumb as it gets. We are currently working on legisla- The PRESIDING OFFICER. The Sen- We should support our farmers and tion on the floor to help small business ator from Wyoming. ranchers as they produce safe, afford- owners to innovate and grow, to give Mr. BARRASSO. Mr. President, I ask able food. They are working to protect them the resources they need so they unanimous consent that the order for the quorum call be rescinded. the land. American agriculture can can expand and add jobs and compete The PRESIDING OFFICER. Without continue to feed the world, and our in a global economy. These amend- objection, it is so ordered. farmers will continue to care for the ments being considered to that bill will Mr. BARRASSO. Mr. President, land, unless we set up unnecessary move our country in the opposite direc- today the President is heading to roadblocks. tion. Philadelphia to talk about energy. This redundant pesticide permitting First of all, they are going to cause Well, the President talks a good game requirement is another example of massive uncertainty and upheaval for but, unlike energy, talk is cheap. overreach. I hope the Senate will fol- clean energy companies such as the The President plans to host a town- low the example of the House which McKinstry Company in my home State hall meeting about his new energy pol- voted resoundingly in a very bipartisan of Washington that is working right icy. I think it is time the rhetoric face way to correct this situation. We can- now to create jobs and grow and create the reality of what the country is see- not afford to delay, with the compli- a clean energy economy. If the rules of ing, experiencing, and dealing with. If ance date right around the corner. It is the game keep changing, businesses are the President truly wants to get a han- a deadline we simply cannot ignore. never going to have the confidence dle on energy costs, he needs to start Mr. President, thank you. I yield the they need to invest and add workers. by immediately stopping his Environ- floor. Second of all, we all know America mental Protection Agency from at- The PRESIDING OFFICER. The Sen- needs to move quickly into the 21st tempting to enact backdoor cap-and- ator from Washington. century clean energy economy. Other trade regulation. AMENDMENT NO. 183 countries such as China and India are That is exactly what the EPA is Mrs. MURRAY. Mr. President, I come pouring resources into investments doing. The only effect that can have is to the floor today to express my strong that are creating jobs and building in- to increase energy costs on American opposition to any attempt to prevent frastructure. We need to make sure we families. The President himself admit- the Environmental Protection Agency position ourselves to compete and win ted as much in 2008. At that time, in an from doing its job and protecting our in this critical sector. interview with a San Francisco news- families and our environment. The That is why instead of harmful legis- paper, he said: ‘‘Under my plan of a amendments being considered here in lation and amendments that would cap-and-trade system, electricity rates the Senate would hurt our environ- take us in the wrong direction—instead would necessarily skyrocket.’’ ment and harm our national security of doing that—we should be talking Is the President serious about de- by increasing our dependence on for- about policies that reduce our depend- creasing U.S. dependency on foreign eign oil. They would devastate our pub- ence on foreign oil, support our na- oil? If so, he should then rescind his lic health efforts, and take us in the tional security objectives, and veto threat against today’s congres- wrong direction as we fight to compete unshackle our economy, so we can tap sional legislation regarding the poli- and win and create jobs in the 21st cen- the creative energy of our Nation’s cies of the EPA. tury clean energy economy. workers and support good family wage That is why I am here in support of The positions of leading scientists jobs, and make sure our workers con- the McConnell amendment. The and doctors and public health experts tinue leading the way in this 21st cen- McConnell amendment keeps energy are clear. Global climate change is tury economy. That is the direction prices low. It prevents the EPA from real, it is harmful, and it has to be ad- our country needs to be moving—to- blocking the development of domestic dressed. Rolling back EPA’s standards ward a healthy and clean environment energy. It restores the Clean Air Act to would be devastating to the health of and toward the clean energy jobs of the its original congressional intent. I sup- our families, and especially our chil- future. We can’t bury our heads in the port the McConnell commonsense dren. These are settled issues in the sand and expect our energy and our en- amendment. scientific world. We shouldn’t be spend- vironmental problems to somehow dis- Most likely, today we will hear more ing time debating them over and over appear. of the same from the President in his on the Senate floor. The longer we put off dealing with speech and townhall meeting in Phila- By the way, with the price of oil these issues, the more it is going to delphia, and more of the same is the spiking and families paying more and cost us in the future, and that is ex- last thing the American people need more at the pump, we ought to be fo- actly what the amendments on the right now. American families are fac- cused on ways to move our country floor today will do. They are bad for ing increasing gas prices. Our national away from our dependence on foreign the environment, they are bad for the security is being jeopardized by de- oil. These amendments would do ex- economy, and they are dangerous to pendence on foreign sources of energy. actly the opposite. They will disrupt our family’s health. Unrest in the Middle East and North efficiency standards that sacrifice bil- The science on these issues is very Africa is driving high prices even high- lions of gallons of fuel savings and in- clear and it is something the people in er. creasing our foreign imports. They will my home State of Washington take The Department of Energy has made derail the cooperative efforts of auto- very seriously. Because when families an estimate that families all across makers and autoworkers and EPA and across America go outside for some this country will spend $700 more on States to develop these unified, na- fresh air or turn on their tap and hope gasoline this year than they did last tional standards that provide certainty to have a clean glass of water, they ex- year. Meanwhile, the President will for businesses to invest in new tech- pect these resources to be just that: most likely deliver another speech nologies. Frankly, they would be harm- clean. with great goals but limited action.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2162 CONGRESSIONAL RECORD — SENATE April 6, 2011 With gasoline at over $3.50 a gallon, We can’t afford to pick and choose our will damage their lungs. The McClos- the President fails to appreciate the ef- energy at a time of uncertainty. We do keys from Delran, NJ, don’t have to fect his administration’s policies have need it all. This means allowing more imagine that scenario; they know it. on families with bills, with kids, and U.S. exploration and lifting the burden- Let me tell you about Erin McCloskey. with mortgages to pay. some regulations that make it harder On poor air quality days in the sum- In 2008, President Obama, then a can- for Americans to produce more energy. mer, their daughter Erin could not didate for President, said that the Renewable energy is part of it, it is even make it to the family car, much problem wasn’t that gas prices were important, but there is no way green less go outside and play, without start- too high but that they had risen too energy and green jobs can replace the ing to wheeze. Family activity began fast. In his words, he said he ‘‘would red, white, and blue energy and jobs to revolve around trips to the doctor, have preferred a more gradual adjust- that have continued to power our coun- treatments, and stays at the hospital. ment.’’ This may explain why the try for over a century. Until the ad- It was a severe economic hardship on President spent his first 2 years in the ministration acknowledges this, the the family not just because of costs but White House undermining and aban- administration’s policies will continue also because all of these trips made it doning an all-of-the-above approach to to make the pain at the pump even difficult for Erin’s mother Natalie to energy. It is no wonder that he is now worse. That is why I urge the Members hold down a job. trying to cast blame on those who are of this body to adopt the McConnell The McCloskeys are not alone. Four- offering a responsible alternative. amendment. year-old Christian Aquino, from Cam- The President says he wants to cut With that, I yield the floor. den, NJ, suffers from severe asthma. He our imports of foreign oil by a third by The PRESIDING OFFICER. The Sen- takes six different medications a day 2025. Well, to me, he doesn’t appear to ator from New Jersey is recognized. to control asthma attacks, but still his have the right vision or political will Mr. MENENDEZ. Mr. President, I mother, Iris Valerio, lives with the to get there. The United States has the rise in strong opposition to the McCon- constant fear that an attack is around most combined energy resources on nell amendment. I listened to my dis- the corner. On bad air days, they avoid Earth, but when faced with new sources tinguished colleague from Wyoming, going outside, and when on the high- of U.S. energy, the administration’s and I enjoy working with him, but this way in traffic, the windows are kept automatic response has been to regu- is one subject on which we fundamen- closed. late, delay, or to shut down. tally disagree. Fourteen-year-old Samaad Bethea, of The President’s ‘‘say one thing, do This isn’t about energy production; Elizabeth, NJ, also suffers from severe another’’ policy is making the pain at this is about clean air. This amend- asthma. He has been on daily steroid the pump even worse. His approach is ment is a blatant attack on the Clean medication to control his asthma for 3 long on making promises, short on tak- Air Act, and, from my perspective in years. If he skips a day, his lungs start ing responsibility. He talks of his con- New Jersey, any attack on the Clean to falter and he can’t catch his breath. cern for the people affected by the gulf Air Act is an attack on New Jersey. His mother Sharon realized that pollu- oilspill. Yet his drilling shutdown in Primarily because of dirty, old, out- tion in their old neighborhood was trig- the Gulf of Mexico killed their jobs and of-State coal plants, every county in gering attacks and had an opportunity strangles energy production even New Jersey is noncompliant with the to move the family. Since that move, today. U.S. offshore oil production is Clean Air Act—not by what we do but Samaad has been doing much better, expected to drop 15 percent this year what other States do. One of those coal but he still requires daily steroid medi- thanks to the policies of this adminis- powerplants is the aging Portland Gen- cation. tration. erating Station, located just across the These children are part of a sobering The President’s claim that blaming Delaware River. This plant emitted national reality, a New Jersey reality. his administration for ‘‘shutting down 30,000 tons of sulfur dioxide in 2009. Their days revolve around inhalers, oil production’’—he says it doesn’t That is almost three times the amount steroids, and constant anxiety over track with reality. But I will tell you of all seven of New Jersey’s coal plants when air pollution will trigger another that the administration’s stalling on combined. So we have cleaned up our severe asthma attack. gulf oil and gas drilling permits is so act. Others need to do it for the collec- According to the National Centers antibusiness that even former Presi- tive air we breathe as Americans. Its for Disease Control and Prevention, dent Bill Clinton called it ‘‘ridiculous.’’ pollutants waft across the Delaware each year over 10,000 New Jerseyans Even as the President says he wants to River into numerous New Jersey coun- are hospitalized due to asthma attacks cut oil imports, he told an audience in ties, causing and exacerbating a whole triggered by air quality problems. Brazil a week or two ago that he wants host of respiratory illnesses, from asth- Thousands of sick days are taken each the United States to become ‘‘one of ma to heart disease. If not for the day in New Jersey by either asthmatics Brazil’s best customers’’ for oil. He Clean Air Act, my State or any other or parents of asthmatics, with huge said he would expedite new drilling State similarly situated would not consequences for the New Jersey econ- permits. He claims oil companies are have been able to petition the Federal omy. Asthma attacks triggered by air ‘‘sitting on supplies of American en- Government to stop the pollution this pollution cause scores of premature ergy just waiting to be tapped.’’ But Pennsylvania plant spews into New deaths in my State each year. the biggest thing standing in the way Jersey’s air. Erin McCloskey, Christian Aquino, is redtape from his own Interior De- Just last week, New Jerseyans re- and Samaad Bethea bring these statis- partment and EPA. While ‘‘use it or ceived some good news. Under the au- tics to life. While the causes of their lose it’’ makes for a nice sound bite, it thority of the Clean Air Act, the Fed- asthma are many, air pollution is a ignores the reality that the Obama ad- eral Government proposed a rule that common trigger. The Clean Air Act di- ministration’s own policies are the would grant my State’s petition. If fi- rectly impacts their health, their qual- most significant roadblock we have to nalized in coming months, the rule ity of life, and even the ability of their drilling and exploring for American en- would lead to an over 80 percent reduc- parents to get or keep a job. For them ergy. tion in the Portland coal plant’s sick- and for thousands of children like The President also claims to support ening sulfur dioxide emissions. If not them, weakening the Clean Air Act alternative fuels. Yet he didn’t once for the Clean Air Act, my State would will mean more days sequestered in mention converting coal into fuel or not have this victory within its grasp. their homes and more emergency room tapping oil shale. Oil shale production It wouldn’t have the opportunity to visits. could produce an estimated 800 billion protect its citizens. We simply cannot The McConnell amendment—the one barrels of recoverable oil. That is three gut the one piece of Federal legislation I call the dirty air amendment—is the times the amount of Saudi Arabia’s oil that protects the air we breathe. first of many amendments we can ex- reserves. Imagine having to tell your children pect to see that are aimed at pre- The way we can address our eco- they cannot go outside to play because venting the Federal Government from nomic and national security needs is the wind is not blowing quite the right regulating polluters under the Clean by producing more American energy. way, because the air they will breathe Air Act.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2163 Caring about children’s health means feat this amendment. Let’s make sure icy is permanent unless it is part of our not allowing polluters to place profits we bequeath to future generations the Constitution, and even the Constitu- ahead of people, ahead of the well- ability to have air that, ultimately, we tion can be amended. We can enact this being of our children—and I mean all can collectively breathe, that doesn’t amendment and still have a debate in children, no matter their race, eth- sicken our families and undermine our this body about needed policy changes nicity, or class. Low-income and mi- collective health. in the future. nority Americans continue to be dis- I yield the floor and suggest the ab- Finally, let me quickly address some proportionately exposed to pollution sence of a quorum. of the alternatives to this amendment that is harmful to their health. A re- The PRESIDING OFFICER. The that are being suggested. Some of my cent analysis showed, for example, that clerk will call the roll. colleagues have suggested delaying the two-thirds of U.S. Latinos—about 25.6 The bill clerk proceeded to call the EPA’s actions by 2 years. Others have million Americans—live in areas that roll. suggested that one sector of the econ- do not meet the air quality standards Mr. BOOZMAN. Mr. President, I ask omy or another should be exempted under the Clean Air Act. Perhaps this unanimous consent that the order for from EPA’s unnecessary and burden- begins to explain why Hispanic Ameri- the quorum call be rescinded. some rules. cans are three times more likely than The PRESIDING OFFICER (Mr. I would suggest these proposals do Whites to die from asthma attacks, UDALL of Colorado). Without objection, not provide the cover some Senators why Latino children are 60 percent it is so ordered. want. Bad policy is bad policy whether more likely than Whites to have asth- Mr. BOOZMAN. Mr. President, I rise carried out this year or 2 years from ma. to express my strong support for the now. Our job creators need certainty. Low-income and minority Americans McConnell amendment. This amend- Restraining the EPA for 2 years will will also be disproportionately affected ment prevents EPA from continuing to not provide the certainty they need to by the impacts of climate change. Let’s reach beyond Congress’s clear intent invest and create more jobs. Exempting be clear. The scientific consensus is under the Clean Air Act. one sector of the economy is also not overwhelming. Climate change will in- Congress did not authorize green- enough. There is no excuse for pro- creasingly create more frequent and house gas regulation under the Clean tecting just one sector while watching more extreme storms, more violent and Air Act. This amendment is an appro- Americans in other sectors lose their sustained heat waves, meaning more priate response to clarify the law that jobs to foreign competitors. costly and dangerous floods and is being misinterpreted. The EPA At the moment, our priority must be droughts. Hotter summer days will should not be making policy decisions job creation, protecting our industrial mean more ozone formation and more beyond the authority clearly granted and manufacturing sectors, and keep- bad air quality days. In this way, cli- to the Agency by Congress. ing gas and food prices low. We must mate change directly endangers all of Let us remember, last year, Congress make sure the EPA avoids politically us, our children, and our children’s rejected the cap-and-trade agenda on a driven initiatives and becomes focused children. But changes in weather pat- bipartisan basis. The EPA’s agenda is a on its core mission: protecting air and terns and increasingly extreme weath- job-destroying agenda. It will raise the water quality and preventing exposure er events also result in indirect effects. price of energy, food, and gasoline. The to toxic contamination. The security of our food supply will be cost of this policy will be transferred I yield the floor. at risk due to more frequent heat to the people of Arkansas and all The PRESIDING OFFICER. The Sen- stress. The security of water supplies Americans every time they shop at the ator from Minnesota is recognized. will be at risk due to droughts. store. Mr. FRANKEN. I thank the Chair. For all of these reasons, scientists The EPA’s agenda will not lead to a (The remarks of Mr. FRANKEN per- agree that climate pollution endangers cleaner environment. American manu- taining to the submission of S. Res. 133 public health and welfare. That is well facturing will be hurt, and our manu- are located in today’s RECORD under understood, and we can curtail these facturing capacity will be replaced by ‘‘Submission of Concurrent and Senate risks by regulating climate pollution. foreign competitors with weak environ- Resolutions.’’) But, no, big polluters want to kick the mental standards. This amendment The PRESIDING OFFICER. The Sen- can down the road. They want to pre- will allow individual States to keep ex- ator from Alabama is recognized. tend they aren’t polluting. Big pol- isting policies in place by permitting Mr. SESSIONS. Mr. President, I wish luters want to pretend these risks them to regulate emissions as they see to speak for a few moments on behalf aren’t real. They want the McConnell fit. of the McConnell-Inhofe amendment. I amendment to pass so they can con- This amendment also enables the thank them for their leadership in tinue business as usual. EPA to focus on the important pur- dealing with governmental regulation This is not about energy because if poses of the Clean Air Act, which I of carbon dioxide and other greenhouse the New Jersey coal-fired plants ulti- strongly support. The Clean Air Act gases, amendment No. 183. I want to mately reduced their emissions by 80 must be used to protect the public from share a few thoughts about a matter percent, it is a question of an invest- harmful pollution. The Clean Air Act that is important to me. I served sev- ment. They are still producing energy. was not intended to address climate eral years as ranking Republican on There are 9.3 million people in the change concerns. the Judiciary Committee. I am inter- State. They are producing energy, but Finally, let me address a myth we ested in our legal system and how it the reality is that they are doing it in keep hearing. Some have stated the Su- works. I have to say that the Supreme a cleaner way. That is what this issue preme Court is forcing the EPA to take Court ruling that resulted in the situa- is about. this heavy-handed, backdoor, cap-and- tion we are in today is a classic exam- We must not allow polluters to set tax approach. This is wrong. The Su- ple of how unelected officials—not just our priorities. How many children in preme Court stated that the EPA can judges—can make laws and regulations New Jersey or in other parts of the decide whether greenhouse gases en- in a manner that is dramatically con- country face the reality of dirty air? danger public health and welfare. Many trary to the ideals of the American How many children are we willing to Senators believe the Supreme Court’s Founders, and in a manner that is con- have deathly ill in order to allow pol- interpretation of the law is wrong. Yet trary to the ideals on which this coun- luters to continue to spew toxins into EPA made a political decision based on try was founded, ideals that require ac- the air we collectively breathe? Doing the Court’s ruling to expand their ju- countability, that require responsi- so risks not only our health and that of risdiction far beyond what Congress in- bility and that allow the American future generations, it risks the promise tended. This amendment will correct people to hold their officials respon- of a green economy built on clean en- that action. sible and accountable for what they do. ergy jobs, energy-efficiency innova- Others have stated this amendment For this reason alone I believe the tions, and reduced waste and pollution. would permanently eliminate the McConnell-Inhofe amendment should I urge my colleagues to stop the ef- EPA’s authority to regulate green- be agreed to, because we are talking fort to gut the Clean Air Act and to de- house gases. This is also wrong. No pol- about a situation in which unelected

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2164 CONGRESSIONAL RECORD — SENATE April 6, 2011 governmental employees are system- us and we believe it is a pollutant now. not on the Supreme Court. I am not an atically going about regulating emis- So, they would call CO2, which natu- EPA bureaucrat. sion of CO2 in the country under a very rally occurs in our atmosphere and is But we are the United States Con- attenuated theory. They were never used by plants and vegetation, a pollut- gress, and we are accountable to the given the explicit authority to do so. ant because the planet is warming. American people. It is a question of They will, under the power they have What do you say, Supreme Court? The constitutionalism. It is a question of asserted, have the ability to regulate Court responds: We say it is a pollut- separation of powers. This a question your automobile, the heating unit in ant, and the EPA should be allowed to of responsibility. If we were to decide your home, hospitals, businesses, cit- regulate it. By a 5-to-4 decision, the that the emission of CO2 is a signifi- ies, and anything else that utilizes car- Supreme Court seems to say, but not cant danger to our environment and it bon fuels to produce energy. This is with much clarity, that EPA should ought to be regulated, let’s vote to say what it is all about. look at regulating CO2 because that is so. How did it happen? What occurred what they said the Clean Air Act At this point in time, we are not able here? Well over forty years ago, Con- meant to allow. financially and there is not enough sci- gress passed the first Clean Air Act, First of all, I don’t think the statute entific evidence or justification for and since then, Congress has amended meant that. I agree with the four going forward with the regulation of the Act several times. Congress was fo- judges who dissented. I believe Con- CO2. And I am constrained to believe cused on cleaning up the air and deal- gress never had any intent whatsoever massive regulation is not the appro- ing with smog, particulates, nitrogen to give EPA the ability to control the priate thing to do today—but that is a dioxide, sulfur dioxide—all of these pol- emission of CO2 all over America. I decision Congress ought to make. lutants were being emitted into our at- have no doubt of that. It is not in the We ought to be held accountable for mosphere and were affecting the health statute in a way that would clearly en- the decisions we make. That is the way and well-being of Americans, particu- able the Supreme Court to say that. I our country was set up to conduct larly in cities, and Congress took ac- suspect it was a product of activism. issues of importance. I have to tell you, tion to contain that, and it has helped Judges got excited about the claim sev- this is a big issue that is before the produce a much cleaner environment. eral years ago regarding the danger of Senate. We should have tremendous de- Pollution was far worse 40 years ago CO2 and global warming. Never mind bate, weeks of debate, because federal than it is today. Our atmosphere has that there seems to be actually less regulation of these kinds of emissions far fewer dangerous pollutants in it concern today about global warming. could result in hundreds of billions of and, in that regard, the Clean Air Act In any event, those judges wanted to dollars in cost—or even trillions of dol- has been very successful. see CO2 regulated and they interpreted lars in cost, if we set about to regulate But since this Earth was created we the statute in a manner that would all CO2 in America. It just is. have had a marvelous balance. Human allow for it. Now the Environmental I do not see how it can be disputed. beings and animals breathe in air. Protection Agency is setting about to Unfortunately, we act like we are They take in oxygen out of that air and do so. It is a major intervention by the washing our hands of it. The Supreme they breathe out carbon dioxide. Car- U.S. Government in every aspect of Court did not make a policy decision bon dioxide is not a pollutant. We have American life. that this was the right thing to do. never considered it to be a pollutant. EPA regulation of carbon dioxide has That is not their role. In fact, they will Plants, as you know from your basic the potential to drive up costs for indi- deny that is what they did. They would high school classes, take in carbon dividual Americans as they heat their say: All we did was take a statute oxide and emit oxygen as part of a life homes and drive their cars and will passed long ago, before global warming cycle process that is marvelous and place a real burden economically on was even considered an issue to be con- wonderful beyond our ability to ex- the American economy. It will put us fronted by the Congress, and decided press. in a bad situation economically. that the statute Congress passed then Over the course of centuries and mil- So the McConnell-Inhofe amendment allows EPA to regulate CO2 now. And lennia, plants in the world took in car- says: Wait a minute. Congress did not because of five justices, an unelected bon dioxide and, eventually, were bur- approve that. We do not want to do group of American employees are set- ied in the earth. As a result, the carbon that yet. We do not want EPA regu- ting about to regulate carbon dioxide dioxide in those plants was trapped un- lating CO2 all over the country unless and other greenhouse gases. We do not derground and developed into coal, oil, we direct them to do so—unless we, the need to do that. and other fuels. In recent years we elected representatives, decide it ought The American people should not have been taking those fuels out of the to be done. This important decision allow this to happen. They should de- ground and burning it and, as a result, should not be made by five out of the mand that their Congress be respon- releasing the carbon dioxide. nine members of the Supreme Court sible for what it does when it imposes When the Clean Air Act was passed, with lifetime appointments, totally un- such a monumental cost on the econ- there was no discussion or thought accountable to the American people, or omy and the American people. That is about any potential danger of a warm- tens of thousands of governmental em- our responsibility. The McConnell- ing planet. Congress did not have the ployees—public servants, bureaucrats— Inhofe Amendment before the Senate slightest idea at that time that thou- in the Environmental Protection Agen- today faces up to that squarely. It says sands of bureaucrats would be able to cy. They do not get to do it either. we are not going to allow this circui- one day take the Clean Air Act that It is our responsibility. If we are tous route of interpretation of statutes they passed and control every home, going to impose a massive regulatory to result in one of the most massive every business, every city, every car, burden on every American in this Na- governmental intrusions in American and every hospital in America. tion, this Congress ought to decide life to occur. It ought to be a matter of What happened? The concern over when and how and under what cir- intense public debate and national dis- global warming arose. Whatever people cumstances it should be done. We have cussion before such a thing happens. believe about that, the concern cer- people in this Congress and in this gov- I salute my colleagues for offering tainly is out there. Many people be- ernment who act like Congress has no their amendment. I urge my colleagues lieve it is a serious threat. Others control over it. They think: The Su- to support it. think it is not so serious. But at any preme Court rules, and EPA issues its I yield the floor and suggest the ab- rate, a lawsuit was filed. That is what regulations. sence of a quorum. we have so much of in this country. Well, why do you not do something The PRESIDING OFFICER (Mr. People file lawsuits, especially on envi- about it? They say: Oh, that just hap- SANDERS). The clerk will call the roll. ronmental issues. They said: The plan- pens. We do not have any responsi- The assistant legislative clerk pro- et is warming, and one reason it is bility. It is not our responsibility. Do ceeded to call the roll. warming is because there is a global not blame me. You do not like it. Well, Mr. ROCKEFELLER. Mr. President, I warming gas, CO2, that is being emit- it was not my fault. I did not pass the ask unanimous consent that the order ted more today, and this is a danger to Clean Air Act over 40 years ago. I was for the quorum call be rescinded.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2165 The PRESIDING OFFICER. Without would hurt the economy at a very crit- So I hope my amendment will get objection, it is so ordered. ical point in our still slowly moving re- sufficient votes. I am not sure. I do not AMENDMENT NO. 215 covery—but to do it in a way that think it will because I think the folks Mr. ROCKEFELLER. Mr. President, keeps us all focused and working on a on the other side of the aisle have com- we are going to be voting this after- long-term energy policy. pletely deserted it because they feel a noon on a number of EPA amendments, Yes, we have had problems with the great solidarity, want to show their one of which is mine, which calls for a EPA in West Virginia, but the answer power, and along comes an elimination short 2-year waiting period but does is not to get rid of the agency forever. bill. I just could not be for that. Mor- not shut down in any way the EPA, It is just incomprehensible to me that ally I could not be for that. particularly on CAFE standards. mature people could actually be for I am strongly for West Virginia coal So I have two messages: One is that that, vote for that, espouse that, but miners. I just came back last night I hope but doubt—but nevertheless they have. from the first anniversary of the 29 hope—people will vote for my amend- As of last December, when we were coal miners who died. It was not an an- ment. As of last December, I would doing the Omnibus appropriations bill, niversary; it was a memorial. It is a have gotten every Republican vote, but every Republican had agreed more or powerful, powerful life being a coal when they broke away from the omni- less to vote for my bill—just a 2-year miner. It is unknown to most people bus reconciliation agreement those timeout which should not affect CAFE what it is like, what the dangers are, votes all went out the window. I think standards. Then all of a sudden nine but they do it and they are strong. But they will all vote for the McConnell Republicans defected. The election had what they produce could be cleaned up. amendment, which I think is a mis- already been held. The House was The technology is there. That is what take. So let me explain. about to go into Republican hands. my amendment would do: give a 2-year First of all, I am very opposed to the Once they defected, then everything timeout to let us work the technology, McConnell amendment. I think it is crashed down. All of the votes I would try to be convincing to Wall Street, foolish. It overreaches. It is briefly sat- have gotten from the Republican Party and then we could be on our way to isfying and devastating on a long-term are now gone. I doubt I will get any have not only natural gas but every basis. A case in point: It undermines votes from the Republican Party and single alternative energy that you and the ability—because it obliterates the not many from my own party, which I I could possibly think of—perhaps EPA—to set CAFE standards. Too few regret but I understand. minus ethanol, but that is a different people in this body understand that 31 I believe in clean coal. People say story—and we would be on our way. percent of all carbon emissions come ‘‘coal.’’ I much like it better if they In any event, it is a clear choice. out of the rear end of trucks and cars say ‘‘clean coal’’ because if it is just Clean coal has to play a role in meet- and other vehicles and that the right coal the way it is in the ground, we are ing our energy needs. It is abundant. It and the power and the science to set not going anywhere, and natural gas can be clean. The technology is there. CAFE standards is an incredibly—in- will overtake coal, put them out of More is on the way. So I hope people credibly—important mission of the business. I have said this to the coal will vote for my amendment, and I EPA. operators quite frequently. They do not hope very strongly they will vote Under the McConnell amendment, believe me, but I think it is true. against the McConnell amendment. that, along with everything else EPA It has happened in North Carolina in In the final analysis, I guess if they does, is out the window on a permanent 12 powerplants. It is happening in Ohio. do not, and they vote for the McCon- basis. It is goodbye EPA forever. That It is happening in lots of places. I have nell amendment, they are going to lose strikes me as not a mature approach to nothing against natural gas. We have a anyway because it is never going to get legislation. lot of natural gas. Natural gas, how- anywhere. It is a guaranteed loser in I understand the frustration. We have ever, has one-half of the carbon that the legislative process. I think mine that in West Virginia. The EPA does coal does. It has one-half. They call could be helpful. not understand necessarily the nuances themselves a clean fuel, and in relation I thank the Presiding Officer and of economic situations, that there is a to coal in the ground, they are, but 50 yield the floor. more exacting way to present legisla- percent is a long way from what we are The PRESIDING OFFICER. The Sen- tion. So I call for a 2-year timeout pe- already doing in West Virginia, which ator from South Dakota. riod, but I do not abolish EPA. I just is taking 90 percent of the carbon out say for a period of 2 years they should of coal as it comes out of the ground. AMENDMENT NO. 183 not do regulations on power stations, It goes to a powerplant, where there Mr. THUNE. Mr. President, in a cou- manufacturing plants, or oil refineries. is Dow Chemical Company on the one ple of hours from now the Senate will That strikes me as not being fatal; it hand, and American Electric Power on vote on the Inhofe-McConnell amend- strikes me as something that could be- the other, and they have already—and I ment which would prevent the EPA come law. have been to see their plants, and I from moving forward with dangerous— The most important point I can say have seen their results, and I went with I said ‘‘dangerous,’’ but certainly about the McConnell amendment—I Secretary Chu—they are taking 90 per- harmful to business and certainly cost- just pray this sinks in; it will not, but cent of the carbon out of coal. That is ly—greenhouse gas regulations. I would I pray that it will—there is not one not bad. You can call that clean coal. hope my colleagues in the Senate will chance in 10 trillion that the McCon- We have a gigantic energy problem. support that amendment for a number nell amendment will become law. It We need everything we can get. I was of reasons because it bears heavily on will not happen. He shuts the EPA even prepared to be for nuclear, which one of the great debates we are having down permanently, in all respects, for- is about 20 percent of our current in the country today. I think the ever. It will never happen. I doubt it power structure. I am not sure where I American people must find it con- will pass the Senate. It will certainly am right now. I have to think more fusing—I certainly do—when you get not pass at any other level where it deeply about that. I am worried be- all these mixed signals coming from counts. cause our powerplants are old, also, as the elected leaders in Washington, DC. So why do they do that? They do that the Japanese ones are. The American people must be incred- because it does not solve the problem; So all I can say is, I am for keeping ibly confused because the President has it makes a point. It makes people feel our eye on the ball. I am not for mak- said—rhetorically, at least, he has good because they are mad, but, in ing us sort of feel good on a very tem- talked about the need to reduce our de- fact, it does great destruction to our porary basis. Everybody gets mad at pendence, our dangerous dependence, future. It does not solve a problem, and the EPA. It is just sort of like an open- upon foreign energy. He talked re- I am here to solve problems. ing day in American baseball. You just cently about getting the number of What I think we do need is a timeout do it and people cheer. But if you do it barrels of oil we import every day down just to stop the imposition of EPA reg- the way it is done in this amendment, by one-third at the end of this decade. ulations that do not allow for develop- by abolishing the agency, that is a long The fact is, we do spend $1 billion every ment of clean technologies—and that season, and it is a bad win-lose record. single day on foreign oil. There is $1

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If we look at policies that Capital Formation projects that the over the next couple years as we ad- are coming out of Washington, DC, uncertainty created by the EPA’s cli- dress this issue of spending and debt, right now, today, they completely con- mate change regulations would in- about the size of government and how tradict this idea that we ought to be crease the risk premium of capital by much government intervention we moving toward energy independence 30 to 40 percent. ought to have, and I think most Ameri- and getting away from this dangerous The additional uncertainty is pro- cans have concluded that government dependence we have on foreign sources jected to reduce U.S. capital invest- has gotten too big and it has grown too of energy. ment by as much as $400 billion per fast. Perhaps the greatest example is I will make a couple of points. year. these Federal agencies that have this We have, of course, in the Gulf of So I would argue that if we are seri- tremendous propensity to want to reg- Mexico the so-called permitorium. We ous about creating jobs, if we are seri- ulate everything they can out there, to have not been issuing permits to ex- ous about growing the economy, why the detriment of many of our small plore, to continue the work that is would we want to sideline hundreds of businesses and those who are trying to being done down there in terms of en- billions of dollars of capital every sin- create jobs. ergy exploration. The Outer Conti- gle year because of these onerous and As an example of how much our gov- nental Shelf has been put off limits by costly regulations? ernment has grown, the historical av- this administration, and many Federal This is a major reason why there is $2 erage for this country and what we lands where there are abundant energy trillion today sitting on the sidelines. spend on the Federal Government as a resources have also been placed off lim- It is talked about a lot, but nobody percentage of our total economy, as a its. In fact, there were some areas that seems to be concerned about changing percentage of our GDP, is about 20.6 had been developed or where there were that. What I hear repeatedly from percent. This year, it is over 25 per- going to be permits issued for explo- those who are able to invest and have cent. So the government continues to ration in some of the States in the capital to put to work is, they don’t expand, continues to grow relative to West where we know we have abundant like the economic uncertainty coming the economy. The private economy energy resources that have now been out of Washington. In most cases, if continues, by virtue of comparison, to repealed or pulled back by the adminis- not in every case, it is focused on these shrink. We ought to be looking at what tration—just recently, 77 in the State regulations, on regulatory agencies, we can do to grow the private econ- of Utah, 1 in the State of Montana. We particularly the EPA, that continue to omy, what we can do to create jobs, have enormous resources right here in come up with new proposals to drive up what we can do to create economic our own country we could be devel- the cost of doing business in this coun- growth in this country as opposed to oping that would get us away from try. the things that are being done to ex- sending this $1 billion a day, every sin- There was a Charles River Associates pand government. gle day, to countries around the world study which projected the EPA’s cap- The solution we have put forward because of our addiction to energy. and-trade regulations could increase today, the Inhofe-McConnell amend- The other thing tried in the Congress wholesale electricity costs by 35 to 45 ment, is—there has been a lot of dis- last year was a cap-and-trade bill. It percent and reduce average worker cussion about what it would or passed the House of Representatives. It compensation by $700 per year. wouldn’t do, but I wish to point out for passed narrowly. It was never voted What is unfortunate about this whole my colleagues some things it would not upon in the Senate because there situation is that the regulations will do because it does get at the heart of wasn’t political support for it. That drive up energy and gasoline prices the this issue, which is preventing the EPA legislation would have also dramati- most for middle- and low-income fami- from moving forward with these costly cally increased the cost of energy in lies. That is where the impact is going and burdensome regulations. this country, making it more expensive to be most felt. There are a number of things it does for our small businesses to run their Roger Bezdek, who is the former Di- not do. It does not prohibit States from operations, and imposed dramatically rector of the Bureau of Economic Anal- regulating greenhouse gases and ad- higher electricity and fuel costs on ysis at the U.S. Department of Com- dressing climate change. The amend- American consumers. That was a merce, concluded recently that EPA’s ment expressly allows States to keep given. I think everybody conceded that regulations: existing policies in place and allows was the case. But because there wasn’t . . . will impact low income groups, the el- States to regulate greenhouse gas political support for it on Capitol Hill, derly, and minorities disproportionately, emissions as they see fit. The bill also it ended up not becoming law. both because they have lower incomes to makes clear that any changes States What we have now coming out of the begin with, but also because they have to have adopted in their State implemen- EPA is essentially a cap-and-trade bill spend proportionately more of their income tation programs and title V operating through the back door. The EPA has on energy, and rising energy costs inflict permit programs pertaining to green- decided they will do by regulation what great harm on these groups. house gases are not federally enforce- they could not get done—the adminis- I would go on to point out that per- able. tration could not get done—through haps the greatest burden of increased The McConnell amendment does not the political process in Congress. energy costs resulting from these new overturn the agreement between the The point I wish to make about that greenhouse gas regulations will fall White House, California, the auto- is the cap-and-trade bill, which was upon the elderly Social Security recipi- makers, the EPA, and the Department widely debated and discussed at the ents who represent 20 percent of all of Transportation on greenhouse gas time, would have driven up energy households in this country and who de- emissions from cars. A lot has been costs for people in this country. This pend primarily on fixed incomes. They made out of that issue. That is some- proposal by the EPA would have the have limited opportunity to increase thing the McConnell amendment does exact same impact and effect. In fact, their earnings from employment. They not do. In fact, the amendment ex- if one is concerned about economic get hit the hardest. What these regula- pressly preserves the auto agreement growth and job creation, which we all tions are going to do is target and hit and the most recently enacted fuel effi- should be—Lord knows, when we have the people who can least afford to deal ciency standards. almost 9 percent unemployment and with them. In 2017 and beyond, the amendment lots of people in this country looking So we have an opportunity to do ensures that any future national auto for work, that ought to be our No. 1 something about that. I think what we regulations concerning greenhouse priority—the fact that we would be are seeing with the EPA and many of gases will be decided by Congress, putting policies in place that would be these government agencies is an exam- which, frankly, is where it should be

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2167 decided, which is why this overreach is the national ambient air quality stand- Inhofe-McConnell amendment and op- such an example of big government ard for CO2. The Rockefeller amend- posed to the amendments offered by gone bad. ment does not prevent climate change our colleagues. The McConnell amendment does not nuisance suits sponsored by environ- I wish to read a quote from one of overturn clean air and public health mental activist groups hostile to en- those letters: protections under the Clean Air Act. ergy development. Congress, not the EPA, should be guiding The amendment maintains all the I can say the same thing essentially America’s energy policy. Without action by Clean Air Act’s provisions to protect about some of the other proposals out lawmakers, EPA’s regulations will make it the public from harmful pollution. there. The Stabenow amendment also difficult to attract new manufacturing capacity and jobs in the United States, let Thousands of Clean Air Act regulations has a 2-year delay, but it allows EPA alone double U.S. exports in 5 years, which is would remain untouched by this to continue moving forward with rule- what our goal has been, as President Obama amendment. Certainly, this amend- making. It just wouldn’t allow them to has pledged. ment does not, as has been suggested, finalize those rules until the end of the This letter is signed by a number of gut the Clean Air Act. In fact, it is the 2-year period. If the amendment is en- organizations, including the National contrary. acted, permits for new projects and the Association of Manufacturers, the Na- The amendment does, however, clar- jobs associated with those projects tional Association of Wholesaler Dis- ify that Congress never gave the EPA could again be stalled until the end of tributors, the National Association of the authority under the Clean Air Act that 2-year period. Independent Business, and the U.S. to regulate greenhouse gases for cli- There are a number of flaws in all Chamber of Commerce. As I said be- mate change purposes. That responsi- these amendments, none of which are fore, I have other letters from major bility, as I said before, lies and should designed to do the job. If we are serious farm organizations, including the lie with the Congress. about doing something to address what American Farm Bureau, in support of Finally, the McConnell amendment the consumer groups, the farm organi- the Inhofe-McConnell amendment and does not stop the U.S. Government zations, and the business organizations opposed to the other political cover from taking any action to address cli- are asking us to do; that is, to prevent amendments that are being offered by mate change. The amendment puts the EPA from moving forward with our Democratic colleagues. Congress in charge of U.S. climate and something they don’t have the statu- Let’s get this done right. Let’s send a energy policy. Also, the bill expressly tory authority to do and should be re- message to the EPA and to the admin- preserves Federal research develop- served for the Congress, but they are istration that this is the job for the ment and demonstration programs ad- going to move forward with it any- Congress to deal with. This is some- dressing climate change. way—if we are serious about addressing thing the people’s representatives So if Democrats in Congress want to that issue, the only alternative is to should be dealing with, not unelected enact climate change regulations, I support the Inhofe-McConnell amend- bureaucrats and Federal agencies that would encourage them to bring a cli- ment. It is that simple. It is that clearly have an agenda but an agenda mate change bill to the floor. This is straightforward. All these political that is completely contrary to capital where it should be debated, by the peo- cover amendments that are being of- formation, to competitiveness, to job ple’s representatives, not decided by fered by our Democratic colleagues are creation, and to economic growth. bureaucrats in some Federal agency, simply that. They are cover amend- That is what this Congress should be which is what the EPA regulations ments and they don’t get at the heart focused on, and that is why a vote in would, in effect, do. of the issue. support of the Inhofe-McConnell There are a number of amendments I would again go back to where I amendment is so important. that have been offered by our Demo- started; that is, to say we ought to, in I yield the floor. cratic colleagues which I would de- this country, be seriously debating The PRESIDING OFFICER. The Sen- scribe as political cover amendments. policies that will move us away from ator from Oregon is recognized. They are hearing the same thing we the dangerous dependence we have on Mr. MERKLEY. Mr. President, we are from their small businesses, from foreign energy. As I said earlier, every have heard a lot of rhetoric on the agricultural groups, and from con- policy coming out of Washington, in floor of the Chamber today defending sumers across this country about what my view, is designed to make it more why air pollution is just fine, explain- these regulations would do and how difficult to develop the very energy ing why dismantling air pollution regu- they would adversely impact elec- sources that will create a domestic en- lations is really in the interest of our tricity and fuel costs in this country. ergy supply in this country that would economy and our families. Indeed, my So they are trying to give themselves release us from this grip that foreign colleague from South Dakota has listed some cover to be able to vote for some- countries have on us with regard to en- a little shop of horrors—that the status thing. ergy. quo creates economic uncertainty, that I wish to point out that all these I hope the Inhofe-McConnell amend- the air pollution regulations increase other amendments being offered by our ment will pass today and will have bi- the risk rate of capital, that they de- Democratic colleagues as alternatives partisan support. It has already been stroy jobs, that they even hurt the el- to the Inhofe-McConnell amendment talked about that perhaps none of derly, that they are an abuse of power, don’t get the job done. We talked a lit- these will reach the 60-vote threshold. unauthorized by Congress. I am won- tle bit and we heard a little bit earlier What I would say to my colleagues is, dering what else is left on the list of today about the Rockefeller amend- again, if we are serious about trying to reasons to defend the dismantling of ment, which has the 2-year delay in it. solve this issue, if we are serious about air pollution regulations that protect But, again, there is a very limited trying to make sure electricity and the American people, that are popular scope to that amendment. The tem- fuel costs don’t go up dramatically for in the eyes of American citizens be- porary nature of the amendment is our constituents, then this is the cause they want to live in a world going to provide very little relief for amendment we need to be for. The where they can enjoy breathing the air businesses and consumers across this other amendments don’t get at the throughout our Nation. country. If it is enacted, permits for issue. They are political cover amend- Let’s start by recognizing that the new projects and the jobs associated ments. truth about the McConnell amendment with those projects could be stalled I think it is pretty straightforward is that it increases our dependence on until after the 2-year period. There is when we look at the number of groups foreign oil. We have heard something no assurance that any of these permits that have come out opposed to those about it driving up the cost of oil. Is would be issued during this 2-year pe- amendments and in favor of the Inhofe- that right? Well, no, it is not. Repeal- riod when this amendment would be in McConnell amendment. I will just men- ing the endangerment finding and tak- effect. tion briefly, again, the American Farm ing away EPA’s part of the regulation The Rockefeller amendment would Bureau and the Chamber of Commerce of mileage standards is estimated to in- not stop or delay other EPA methods and other small business organizations crease our consumption of oil by 455 for increasing energy prices, such as that have come out in support of the million barrels.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2168 CONGRESSIONAL RECORD — SENATE April 6, 2011 Gas prices are about $3.50 a gallon has moved to say that this is a con- impact on the temperature across this right now. So the McConnell-Inhofe cern, there are those who say: No, no, planet. Before the Industrial Revolu- amendment represents a $68 billion ex- in the short-term, that might cost me tion, we had a carbon dioxide level of penditure on additional oil. It means to adjust and we might have to do about 270 parts per million. The basic importing $68 billion more of oil. It things slightly differently. Ten years scientific consensus is that the level of means exporting $68 billion in addi- later, everybody says: You know, it is carbon dioxide in the atmosphere needs tional American dollars overseas to good that we thought about mercury in to be kept somewhere below 350 parts strengthen the economies in the Middle the air, it is good that we took on lead per million. I would be pleased to re- East, Nigeria, or Venezuela. That en- in the air, and so on and so forth. Tak- port to you today that before we get to ergy tax—the McConnell-Inhofe tax—is ing a longer term view, we need to stay that point of 350, we are going to be one that goes out of our country and together and resist these short-term able to make the adjustments nec- hurts us in the worst way. It goes di- impulses to take and dismantle the essary so that we don’t end up in a sit- rectly to oil companies—out of the Clean Air Act. uation where we are creating long-term pockets of working families, to some of The American Lung Association has adverse consequences for our planet. the most profitable corporations in the specifically said the McConnell amend- Indeed, we crossed that 350 boundary history of human civilization. Gasoline ment is ‘‘a reckless and irresponsible long ago. We are at 390 now, headed for prices are set by the law of supply and attempt to once again put special in- 400. Ten to 15 years ago, it was going up demand. If you increase demand for oil, terests ahead of public health. The one part per million per year; now it is you also drive up the price. So, if any- American Lung Association, the Amer- going up two parts per million. So the thing, the McConnell-Inhofe amend- ican Public Health Association, and curve is getting steeper, the pace is ment doesn’t decrease the cost of gaso- the Asthma and Allergy Foundation of getting steeper. We are seeing this re- line; it increases the cost of gasoline. America have urged that we resist the verberating from coral reefs, to Arctic Politifact.com took on this issue be- temptation to dismantle the Clean Air tundra; we are seeing it in ice sheets, cause Members of Congress backing Act, which the McConnell-Inhofe in glaciers; and we are seeing it in in- this amendment were arguing that it amendment does. There is a very sim- sect populations that are thriving and keeps gas prices from increasing. ple reason for that: Each of these decimating the forests of the North- Politifact.com—that independent eval- amendments would have EPA put aside west, where I come from, that weren’t uator of claims made on the floor of the practice of using science to set there a few years ago. We are seeing it the Senate, House, and other places— commonsense standards to protect pub- in all kinds of patterns across this ranks that claim as false. lic health. Instead, these amendments planet. I can tell you that it is in our inter- would have the science world put their When I visit university campuses, as est as a nation to decrease our depend- head in the sand about these problems. students talk about the issues nearest ence on oil, not to increase it. We need Indeed, I am not just concerned to their hearts, the top issue is that we to decrease that dependence because it about the McConnell amendment; I am must address this threat to our planet. is important for our national security. concerned about all of the amendments This conversation goes to the heart of We need to decrease that dependence we are considering today that are de- it. My generation isn’t as up to speed because millions of dollars that are signed to deflect, delay, and dismantle as our college students are about this, sent overseas often end up in the hands the protection of clean air. The Baucus but the planet cannot wait for them to of those who don’t share our national amendment would take away EPA’s graduate, pursue their careers, run for interests. We need to decrease our de- ability to use the best science to con- office, and arrive here on the floor of pendence on foreign oil because when tinue to modify and tailor the stand- the Senate. So it is our responsibility those dollars leave our economy, they ards they are setting for carbon pollu- as Americans who are concerned about leave our family’s finances. They don’t tion and their ability to make sure our dependence on energy, as Ameri- end up in the retail stores or circulate major polluters are all covered. The cans who are concerned about keeping here in America. Indeed, our purchase Stabenow and Rockefeller amendments our dollars in our economy and cre- of foreign oil accounts for about 50 per- would put a 2-year delay on pollution ating jobs, and as Americans who are cent of our foreign trade shortfall. standards. It is tempting to think that concerned about the sustainability of At a time when both parties should a 2-year delay might be an acceptable our practices, to say no to McConnell- be working together to put America’s middle ground, but a 2-year delay in Inhofe and no to the other amendments interests first on energy, the McCon- protecting public health is 2 years too being brought forward to delay or de- nell-Inhofe amendment increases our long. stroy or dismantle the Clean Air Act. addiction to oil—foreign oil—and cre- Let me be very clear about this de- The PRESIDING OFFICER. The Sen- ates a supply impulse that raises the bate. The McConnell amendment and ator from Oklahoma is recognized. price of oil. Isn’t that context com- other associated amendments we will AMENDMENT NO. 281 pletely misguided? consider are wrong because we should Mr. COBURN. Mr. President, we are Perhaps the real issue is public not increase our reliance for energy on going to have a series of stacked votes health. This McConnell attack on the the most unstable regions of the world. at 4 o’clock. I want to spend a few min- Clean Air Act asks Congress to vote in We should not ship American dollars utes on three or four amendments and lockstep against the scientific judg- overseas for energy. We should not tol- clarify some of the things I have heard ment of EPA’s scientists and to tell the erate more pollution in our air and rumbling. agency charged with protecting the water. We should not decrease our abil- One is that we have an amendment public health and the health of our ity to build on America’s foundation of that will, in fact, take away unemploy- children to ignore dangerous carbon ingenuity and its inventiveness and re- ment insurance for millionaires. Mr. pollution. spond to air pollution challenges and President, 2,840 households who re- In 2010 alone, the Clean Air Act pre- make those environmental decisions in ported an income of greater than $1 vented 1.7 million asthma attacks, clear partnership with a stronger econ- million or more on tax returns were 130,000 heart attacks, and 86,000 emer- omy. paid $18.6 million in unemployment in- gency room visits because clean air I think that all of our constituents surance benefits in 2008. That number isn’t just pleasant, it is, in fact, across this country, as they think, as is higher in 2009. We don’t have the healthy. It is great for the American parents, about the future of their chil- final numbers yet. This included over quality of life to be healthy. You know, dren, know clean air is the right 800 earning over $2 million and 17 with that is amazing progress that has been course. But our children probably un- excess income of $10 million collecting made over the last 20 years under the derstand better than we do another key unemployment benefits. We have an bipartisan Clean Air Act of 1990. aspect of this, because this conversa- amendment that will prohibit that. Instead, this amendment would yield tion today is largely about carbon pol- There has been some concern to say to those short-term impulses that have lution. that the costs associated with that, the come up on all sorts of aspects of the We need to wrestle with the fact that way it was scored by CBO, would neu- Clean Air Act. Each time the agency carbon pollution has a very substantial tralize it; the savings versus the cost

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2169 to eliminate that would be even. Even spend $18 billion on, and not one of oversee new markets. We could consoli- if that is true—and we have done a cal- them has a metric on it to see if it is date a lot of that. culation, and we think it costs about effective. We are doing a study now in So the President has said he wants to $900,000 a year to have people applying the Permanent Subcommittee on In- do this. We ought to give him the tools for unemployment sign a statement vestigations on what were the reports that will help him do it more quickly that their income is not above $1 mil- of the people who have been through because every day we wait it costs us lion. But even if it costs the same as this as to where it is helpful and where more money. what we are spending, we should not be it is not because in our legislation, Finally, we will have a vote ulti- giving unemployment benefits to peo- where we pass these job-training pro- mately on the ethanol blenders’ credit. ple who are earning $1 million a year. grams, we didn’t ask for metrics to see I have been remiss not to give the No. It is foolish, and it exacerbates the if they were effective. So this is an 1 leader on that—who has a bill of her tendency of enriching those who are al- area where we can consolidate one or own—Senator FEINSTEIN, credit be- ready there versus what unemployment two. Only three of those have charges cause she has led on this for a long insurance is for—so those who are that are totally separate from the oth- time. Her bill is slightly different than truly dependent on it can survive. I ers. The rest of them overlap one an- the one we are going to offer, but she wanted to clarify that point. other. has led on that issue. She understands Regarding the second amendment, in There are five departments, eight the importance of the environmental March the GAO, in response to an agencies, and over two dozen Presi- impact of burning ethanol, when we are amendment I put on the last debt dential nominees overseeing bioter- actually burning more fuel and putting limit, issued a report listing what they rorism. We know we can consolidate out more CO2 than we would with pure think are billions of dollars in savings that. We will actually be much better gasoline because of the inefficiency of in terms of duplication. I would be re- when we do in terms of our efficiency ethanol. miss to not say that our President em- and communication between agencies. So I wanted to recognize her, and braced that. In his State of the Union That is $6.48 billion a year. when we come to the vote on the blend- speech, one of the goals of his adminis- We have 20 agencies, 56 programs ers’ credit I will ask her to speak on tration is to eliminate duplication and dedicated to financial literacy, and we that, if she would. consolidate. don’t even know what they cost. The Finally, I would say in regards to So we have two amendments that are GAO couldn’t determine what they that issue, for people who don’t undergoing to be on the Senate floor. One is cost. So 56 different programs on finan- stand, we are going to spend $5 billion mine and one is the amendment of the cial literacy, and we are teaching peo- this year paying the major oil compa- chairman of the Appropriations Com- ple? We have a $1.6 trillion deficit, and nies 45 cents a gallon to blend ethanol mittee, Senator INOUYE. They are both we are teaching Americans financial into gasoline. There is a Federal law designed to save us $5 billion, but there literacy? If we should teach them that, that requires a mandate. It is called are two big differences between those which is not a bad goal, why do we need the renewable fuels mandate. Last year amendments. 56 programs to do that? it was 12.5 billion gallons; this year it My amendment tells OMB to have We have 80 economic development is 13.2. It is over 22 billion gallons 5 the study, find the $5 billion, report to programs across 4 different agencies. years from now that have to be blend- us what they can do themselves and We are spending $6.5 billion. Just con- ed. what they need us to do to help them. solidating administrative costs across We have a letter from the people who Senator INOUYE’s amendment waits 6 those agencies could save $100 million, receive this tax credit—who are going months from the time we pass the $200 million, $300 million. to receive this $5 billion—who say they We have 15 agencies for more than 30 bill—5 months for the study to come do not want the $5 billion; they do not food-related laws. Even the President back, and then for us to do it, which need the $5 billion. Yet we are going to mentioned salmon. If they are in salt- means we won’t have any savings at all have some resistance around here of water, they have one agency; if they until we are well into fiscal year 2013. not stopping a payment to those who are in fresh water, they have another Every year we waste $5 billion on receive it, and who don’t want it, for agency. That is foolish. Why duplicate something we shouldn’t is a year we something that is already mandated by are borrowing $2 billion of it just to the work of one agency with another? We have 18 nutrition programs—they law. They have put it in a letter saying pay the bill. they do not want it. It is already in the So I understand it is a cover vote, are very important to our kids and record. but what it means is we will never get those who are dependent on them—at Now, why would we continue to spend the $5 billion in savings, whereas my $62.5 billion. Do we need 18 programs to $5 billion of our kids’ money on some- amendment will get us $5 billion worth do that? Could we do it with 10, 8, 2, 3? thing they do not want, that isn’t of savings this year. The way we get The questions haven’t been asked, but going to change the outcome, and that rid of a $1.6 trillion deficit is $1 billion let’s ask the OMB to look at the low- we will have to borrow 40 percent of to or $2 billion or $5 billion at a time. hanging fruit and to take the $5 billion Everybody recognizes the duplica- out and work with Congress to get it make the payment? It is beyond me tion. What we are asking the adminis- done in the next appropriations cycle. that we would do that, and so it is my tration to do is take the very low- There are 20 homeless programs hope we will be successful in over- hanging fruit they can recognize right across 7 agencies at $2.9 billion; 82 turning that. now, do the rescission, recommend to teacher quality programs, 16 agencies With that, I yield the floor, and I us, and then we act on it, rather than and $4 billion. Why would we have 82 suggest the absence of a quorum. waiting 21⁄2 years to get that done. teacher training programs? It just The PRESIDING OFFICER. The So it is very straightforward. We shows the magnitude of the problem clerk will call the roll. know there is significant duplication in that we have in terms of getting our The bill clerk proceeded to call the the Federal Government. Let me just budget under control, not managing ef- roll. give some of the findings of the GAO fectively, and not doing the oversight Mr. UDALL of Colorado. Mr. Presi- report. Remember, this isn’t TOM we should. dent, I ask unanimous consent that the COBURN’s report; this is a GAO report, We have 52 programs for entrepre- order for the quorum call be rescinded. and they only looked at one-third of neurial efforts. I don’t have any prob- The PRESIDING OFFICER. Without the Federal Government—the first lem with that, but why do we need 52? objection, it is so ordered. third. They have two more reports to We have 35 programs to oversee infra- Mr. UDALL of Colorado. Before the come to us, with the second and third, structure. Overseeing infrastructure is Senator from Oklahoma leaves the and then yearly. We will get this report important, but why do we need that floor, I wanted to join him in sup- yearly on the problems of duplication many programs? There are 28 programs porting the commonsense amendment in the Federal Government. to oversee new markets—28 different he just outlined. The Coburn-Udall We have 47 job-training programs programs funded by the Federal Gov- amendment would fix what I think across 9 different agencies that we ernment across 6 different agencies to most Americans, if not every single

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2170 CONGRESSIONAL RECORD — SENATE April 6, 2011 American, would be shocked to dis- Mr. UDALL of Colorado. I will be FILERS REPORTING UNEMPLOYMENT COMPENSATION AND cover; that is, millionaires and billion- glad to yield. ADJUSTED GROSS INCOME OF $1M OR MORE—Continued aires have been drawing unemployment Mr. COBURN. I thank the Senator for Tax year benefits. his cosponsorship and support on this State reported on F1040 Now, unemployment insurance is a amendment. I haven’t had a chance to 2006 2007 2008 2009 critical temporary safety net for Amer- share this with the Senator—because I Washington ...... 34 42 46 42 icans who need help to get by when just received it—but I have a break- West Virginia ...... * * * * Wisconsin ...... 44 21 27 16 they fall on tough times, but providing down from the IRS of the 22 States Wyoming ...... * * * * unemployment insurance for million- that don’t have any millionaires be- Other/Blank ...... * * 11 12 aires, much less billionaires, who do cause they screen for it. Actually, it is Total Number of Filers ...... 1,850 2,182 2,695 2,383 not need it for their basic necessities is not millionaires, it is those earning Notes: IRS does not report data where the number of Taxpayers is less fiscally irresponsible, to put it mildly. more than $1 million a year. In other than 10. Cells with less than 10 observations are represented with an aster- Frankly, it doesn’t make much sense. words, these are people who actually isk. The above data are for taxpayers filing a Tax Year 2009 Tax Return. I think Senator COBURN put it best have incomes of greater than $1 million Mr. UDALL of Colorado. Mr. Presi- when he said it is foolish. We all recall a year in terms of adjusted gross in- dent, the Senator makes important that for months last year we struggled come. points, and it is a small investment, if to find ways to put unemployment ben- There are probably many more who you will, the $200,000, in saving the tax- efits in the hands of Americans who have less than that, but we are saying payers significant amounts of money. were really struggling in the face of here is a cutoff. It is a legitimate cut- As the Senator points out, the impor- this tough economic downturn. It was off. So there are 22 States that don’t tant outcome is that the integrity of controversial and we worked hard on allow this right now in their process. the unemployment insurance system is that in the Senate. It was drawn out I was wrong in my statement on the maintained. because unemployment benefits are ex- $600,000 or $800,000. The calculation of I also would note, as the Senator pensive, but I supported extending the cost of putting this in is $200,000 a from Oklahoma did, the point that it is those benefits for out-of-work Ameri- year. So for a very minimal cost, we $1 million in income or more, not cans because they help. We found a will save $20 million a year, at min- whether an individual has assets or way, ultimately, to pay for them. But imum. We are also going to create a something in that amount—in other little did we know, in taking care of system that will do what it is designed words, a rancher who is fortunate these good Americans, it was made to do—not to help those who are al- enough to have lands valued at signifi- even harder because literally—and this ready very comfortable but to help cant enough levels but who is illiquid number astonishes me—thousands of those struggling to make ends meet and may be struggling to make ends millionaires and billionaires were abus- and find themselves out of a job. meet. This applies to people, as the ing the system to draw extra payments Mr. President, I ask unanimous con- Senator points out, who have incomes for themselves. So it increased the sent to have printed in the RECORD the of over $1 million annually. That price tag for all the rest. report of unemployment compensation makes sense. In the end, we are talking about val- and adjusted gross income of $1 million This is an important amendment. I ues. We are talking about hard work or more. urge all our colleagues to support it. and playing by the rules. That is how There being no objection, the mate- We have a chance to vote for it later most Americans operate. But there are rial was ordered to be printed in the today. a few folks always looking to game the RECORD, as follows: Mr. President, it is my understanding system, and I can’t believe that some that I was speaking on Senator of the most well-off among us have FILERS REPORTING UNEMPLOYMENT COMPENSATION AND COBURN’s time, and I ask unanimous been asking for a government paycheck ADJUSTED GROSS INCOME OF $1M OR MORE consent that the agreement reflect while out-of-work Americans, day in such allocation. Tax year The PRESIDING OFFICER. Without and day out, look for jobs. They want State reported on F1040 to provide for themselves, and they 2006 2007 2008 2009 objection, it is so ordered. Mr. UDALL of Colorado. Mr. Presi- want to do it in an honest way. They Alabama ...... * * * * dent, I yield the floor, and I suggest don’t want to draw those unemploy- Alaska ...... * * * * Arizona ...... 17 * 15 12 the absence of a quorum. ment benefits. That is a decision and Arkansas ...... * * * * The PRESIDING OFFICER. The action of last resort. California ...... 454 526 569 494 Colorado ...... 20 18 18 19 clerk will call the roll. We have had 13 straight months of Connecticut ...... 72 79 143 148 The bill clerk proceeded to call the private sector growth. We have added Delaware ...... * * * * District of Columbia ...... * * * * roll. almost 2 million jobs. But our economy Florida ...... 87 87 72 90 Mr. LAUTENBERG. Mr. President, I is still fragile, and too many Colo- Georgia ...... 13 20 18 17 Hawaii ...... * * * * ask unanimous consent that the order radans and too many Americans are Idaho ...... * * * * for the quorum call be rescinded. looking for work. Families in my Illinois ...... 91 136 161 141 Indiana ...... 14 15 16 14 The PRESIDING OFFICER (Mr. State, and I know in the neighboring Iowa ...... * 13 * * MERKLEY). Without objection, it is so State of Oklahoma, are working to bal- Kansas ...... * * 11 13 Kentucky ...... * 10 * * ordered. ance their budgets and find a way to Louisiana ...... 14 * * * Mr. LAUTENBERG. Mr. President, set aside money for college, taking Maine ...... * * * * this afternoon, this Chamber is going Maryland ...... 28 19 21 19 care of their kids. Asking them to pay Massachusetts ...... 114 130 110 143 to face a clear question: What matters for unemployment insurance for mil- Michigan ...... 19 32 22 26 more, children’s health or polluters’ Minnesota ...... 22 22 25 25 lionaires is unbelievable. Mississippi ...... 10 * * * profits? We will be voting on amend- So I am truly honored to work with Missouri ...... * * 21 * ments that would cripple the govern- Montana ...... * * * * my colleague from Oklahoma. This Nebraska ...... * * * * ment’s ability to enforce the Clean Air would save $100 million. As the Senator Nevada ...... 11 17 21 12 Act. New Hampshire...... * * * 10 said, every day we wait, we waste New Jersey ...... 164 217 328 251 This is a landmark law that protects money. Every day we don’t take an op- New Mexico...... * * * * our children from toxic chemicals in New York...... 263 375 661 493 portunity to save money, we are doing North Carolina ...... 11 32 20 19 the air and illnesses such as asthma a disservice to the taxpayers. North Dakota ...... * * * * and lung cancer. In 2010, the Clean Air Ohio ...... 21 21 37 12 So I ask my colleagues to support Oklahoma ...... * * * * Act prevented 1.7 million cases of this amendment. It is a smart change, Oregon ...... 13 12 18 17 childhood asthma and more than Pennsylvania ...... 100 114 126 125 and it avoids tarnishing an otherwise Rhode Island ...... 21 17 * 12 160,000 premature deaths. The numbers worthy and critical way to temporarily South Carolina ...... * * 10 10 are big, but numbers do not mean South Dakota ...... * * * * assist Americans who have fallen on Tennessee ...... 14 19 10 20 much unless it is your child. If it is tough times. Texas ...... 70 67 60 74 your child, there is no number that is Utah ...... * * * 12 Mr. COBURN. Mr. President, will the Vermont ...... * * * * too large to take care of that child’s Senator yield? Virginia ...... 20 16 13 18 health.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2171 If you want to know the real value of about in families with young people lieve, do not belong on a small business clean air to American families, talk to across this country and across the bill. When we boil it down, what is at parents who live in fear of their child’s world. stake is pretty straightforward. It is next asthma attack. It is a fear my It does not matter what the cost is. about the common good versus the spe- family knows very well. I have a grand- There is not a family in the world that cial interests. The facts speak for son who is a terrific athlete, who is would not dispose of all of their assets themselves. According to some com- very energetic. He suffers from asthma. to protect and continue the life of a prehensive reports, the Clean Air Act He is an athletic child. Every time he child. will save our economy $2 trillion goes to play soccer, my daughter—his History shows that the cost of clean- through the year 2020. And even more mother—will check first to see where er air is very low compared to its enor- importantly, the Clean Air Act will cu- the nearest emergency room is. She mous benefits. Thanks to the Clean Air mulatively save 4.2 million lives by knows very well that if he starts Act, fewer parents miss work to take 2020. wheezing, she has to get him to a clinic care of children suffering from asthma. Those are striking numbers, and that in a hurry. No parent should have to More families avoid the crushing is why it is so important that we pro- worry about letting their children play health care costs associated with a tect the Clean Air Act and turn down outside. heart attack or stroke. People live these radical amendments that would The fact is, the Clean Air Act has im- longer, more comfortably, and have effectively overturn it. proved life for millions of young peo- more productive lives. Simply put, Congress has stopped other radical ple. The Supreme Court and scientists weakening the Clean Air Act puts the attempts to overturn laws that are agree that the Clean Air Act is a tool profits of polluters ahead of the health about protecting our environment and we must use to stop dangerous pollu- of our children. protecting the safety of American peo- tion. To see what the United States would ple. I remember the debate on MTBE, This picture demonstrates so clearly look like without the Clean Air Act, we in 2003, on the Senate floor. MTBE was what it is like with smog in the air, only need to look at China. On a visit a highly toxic fuel additive, and very and it permits us to imagine what it there, I was scolded by the minister of small amounts of it could severely con- looks like inside a child’s lung. This environment that the United States taminate water supplies. Yet MTBE picture shows what toxic skies look was using too much of the world’s oil, manufacturers who were on the hook like. It is an ugly scene, but it is much creating difficulties in the air. When I for billions of dollars of cleanup want- uglier when it is inside the child’s was in the minister’s office, I invited ed a free pass. They wanted immunity. lungs or a child’s body or anybody who him to join me at the window 23 stories They came to the Senate hoping to get is sensitive to polluted air. That is the up in the air. We looked outside and we that. Yet a bipartisan group of Sen- picture coming out of the smokestacks, could not see the sidewalk. That is how ators stood up to that proposal, and the and the picture turns into reality when thick the polluted air was. The air in proposal to let MTBE manufacturers it is in the lungs or the body of an indi- China is so polluted that many people off the hook was turned down. vidual. wear masks when they walk outside. There have been other attempts to Allowing companies to reduce pollu- We do not want to be doing that in overturn the Clean Water Act, the En- tion, they say, would cost too much for America. dangered Species Act, the Superfund polluters. Too bad. What is a life This poison must not be the future. I Cleanup Act. Sometimes they get only worth? What does it mean to someone do not want it for my grandchildren, as far as draft bills or a committee who is sensitive to polluted air not to and I do not want it for anybody else’s hearing. Sometimes we have votes on be able to get out or stop coughing or children or grandchildren. them. But these issues all have one stop wheezing? In our Senate, in our Congress, our thing in common—it is about the Allowing companies to continue pol- goal must be to take care of our obliga- greater good versus special interests. luting does not eliminate the costs. It tions to protect our families. And the Time and time again, Congress has simply shifts the costs to our families, strongest obligation anyone has, any- wisely come down on the correct side our children, and all of us who breathe body we know who has children does of the issue and has rejected these pro- that air. not want to endanger their health. I posals by special interests. The American Lung Association and ask all of my colleagues: Stand up. The environmental protections that five other health groups sent a letter Vote down these dangerous efforts to we have continue in force today be- opposing all of these amendments. destroy the Clean Air Act. It belongs as cause we have consistently stood up to They say: part of our environment. It protects fight for them. Passing an anti-EPA The Clean Air Act protects public health our children, it protects the environ- amendment would hurt our economy. and reduces health care costs for all by pre- ment, and we must not let this oppor- That certainly is the case with the venting thousands of adverse health out- tunity be misunderstood and say: We McConnell-Inhofe amendment. It would comes, including: cancer, asthma attacks, have to vote no to give polluters a pref- overturn hard-won gains from the 2007 heart attacks, strokes, emergency room vis- erence before our children. Energy bill that put CAFE standards in its, hospitalizations, and premature deaths. I yield the floor and suggest the ab- place to improve fuel economy stand- I am aware of the threat asthma can sence of a quorum. ards for American consumers. These be. I had a sister who was a victim of The PRESIDING OFFICER. The standards were passed with bipartisan asthma. If our families traveled to- clerk will call the roll. support and save consumers as much as gether, she would have a little res- The assistant legislative clerk pro- $3,000 over the life of a car through pirator that could be plugged into the ceeded to call the roll. higher fuel efficiency. The proposed cigarette lighter hole and enable her to Ms. CANTWELL. Mr. President, I ask McConnell-Inhofe legislation seeks to breathe more comfortably. One day she unanimous consent that the order for overturn these advancements. was at a school board meeting in Rye, the quorum call be rescinded. It is these fuel economy standards, NY, where she was a member of the The PRESIDING OFFICER. Without which passed with bipartisan support school board. She felt an attack com- objection, it is so ordered. in 2007, that are helping us to wean ing on. Her instinct was to try to run AMENDMENT NO. 183 ourselves from dependence on foreign to her car so she could plug in the ma- Ms. CANTWELL. Mr. President, I oil—not more domestic drilling. We chine to the lighter hole. She collapsed rise today to speak against the radical could drill in every pristine, untouched in the parking lot, and she died 3 days McConnell-Inhofe amendment and in corner of the United States—and some- later. We saw it upfront and personal. opposition to the efforts to overturn times it seems like the backers of It was a terrible family tragedy. She the Supreme Court. We should not be those interests would like us to do just had four children at the time. gutting the Clean Air Act and public that—but in response to these calls, I When we hear talk about how threat- health and environmental protections would suggest you look at a recent let- ening it is to control pollution, we say, that are important to every American. ter Senator BINGAMAN and I received no, the threat is to family health and These anti-environmental, anti-pub- from the Energy Information Adminis- to our well-being. That is what we are lic health, anti-economic riders, I be- tration.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2172 CONGRESSIONAL RECORD — SENATE April 6, 2011 I ask unanimous consent to have the explicitly recognizing that reserves are only solve our carbon pollution problem by letter printed in the RECORD. a subset of available domestic resources. As working together, not by burying our There being no objection, the mate- discussed in my recent testimony before the heads in the sand and saying we can ig- rial was ordered to be printed in the House Committee on Natural Resources, ad- nore the Supreme Court’s edict to en- ditions to crude oil reserves replaced over 93 RECORD, as follows: percent of cumulative U.S. crude oil produc- force the Clean Air Act. DEPARTMENT OF ENERGY, tion of 19.6 billion barrels from 2000 through There is a way to reduce carbon pol- Washington, DC, Mar. 25, 2011. 2009. For this reason, total U.S. crude oil re- lution and transition to a 21st century Hon. MARIA CANTWELL, serves declined only modestly over that dec- economy and we can and should work Chairman, Subcommittee on Energy, Committee ade, decreasing from 22.0 billion barrels at together to achieve these goals. It does on Energy and Natural Resources, U.S. Sen- the start of 2000 to 20.7 billion barrels at the not have to be about picking winners ate, Washington, DC. start of 2010. and losers, and we can protect con- DEAR CHAIRMAN CANTWELL: This is in re- I hope that this information is responsive sponse to your letter of March 15, 2011, which to your inquiry. Please do not hesitate to sumers in the process. I want to work seeks a better understanding of some of the contact me if you have any further questions with my colleagues on a framework long term impacts of the Energy Independ- or concerns. that embodies these principles. But, ence and Security Act of 2007 (EISA). Sincerely, until then, I urge my colleagues to As noted in your letter, the long-term en- RICHARD G. NEWELL, vote against these amendments that ergy outlook which the Energy Information Administrator, Energy Information will undermine our Clean Air Act; that Administration (EIA) released just before Administration. EISA was signed into law (Annual Energy will actually increase our dependence Outlook 2008 Early Release) projected a sig- Ms. CANTWELL. In 2007, the Energy on foreign oil, force consumers to buy nificant increase in U.S. dependence on im- Information Administration was pre- more gasoline, and make our air dirti- ported petroleum through 2030. This finding dicting that our foreign dependency er. is reversed in EIA’s latest Annual Energy was going to continue to increase in We can do better and I hope we will. Outlook (AEO2011 Early Release), which the coming decades. I should note that Mr. President, I ask unanimous con- projects a decline in U.S. dependence on im- after the 2005 Energy bill, I heard some sent that Senator BOXER, the chair of ported petroleum over a forecast horizon of my colleagues on the other side say the Environment and Public Works that extends through 2035. Furthermore, over that that EIA forecast was the great the 2008 to 2030 period, the cumulative reduc- Committee, be the next Democratic tion in net petroleum imports between the predictor and that it was going to help speaker and that she have up to 10 min- two sets of projections is about 26 billion us reduce our dependence on foreign utes. barrels. oil. But the truth is, the subsequent The PRESIDING OFFICER. Without The policies enacted in EISA are respon- EIA analysis made after we passed the objection, it is so ordered. sible for much of the change in projected 2007 Energy bill says just two policies Ms. CANTWELL. I yield the floor and U.S. oil use. In particular, EISA mandated in that landmark bill—the increase in significant strengthening of both the cor- suggest the absence of a quorum. CAFE standards and the renewable fuel The PRESIDING OFFICER. The porate average fuel economy (CAFE) stand- standards—are responsible for a down- ards for cars and light trucks and the Renew- clerk will call the roll. able Fuel Standard (RFS) that was first en- ward revision of projected U.S. depend- The assistant editor of the Daily Di- acted in the Energy Policy Act of 2005. How- ence on foreign oil. gest proceeded to call the roll. So the things that have made us less ever, other changes that have occurred since Mr. INHOFE. Mr. President, I ask dependent on foreign oil are the very the AEO2008 Early Release was issued, in- unanimous consent the order for the cluding the outlook for oil prices and eco- things people are trying to gut from quorum call be rescinded. nomic growth, have also influenced the more important legislation that is already recent projections presented in the AEO2011 on the books. It is not the case that ad- The PRESIDING OFFICER. Without Early Release. ditional drilling, drilling, drilling and objection, it is so ordered. Following enactment of EISA, EIA con- saying to the EPA: ‘‘Ignore the Su- Mr. INHOFE. I ask unanimous conducted sensitivity analyses starting from the sent that at the conclusion of the re- AEO2008 Reference case to estimate the ef- preme Court on the Clean Air Act,’’ is marks of Senator BOXER, who I under- fect of its key provisions. From these cal- going to help us. Reducing demand is culations, it is clear that EISA alone is re- going to reduce prices at the pump. stand wants to speak for 10 minutes, I sponsible for a major reduction in projected Look at the example of the U.K., which be recognized for about 10 minutes. oil consumption, which in turn reduces oil produces almost all of its own oil from That will be about the timeframe we imports on an almost 1-for-1 basis. By 2030, the North Sea. They still got ham- have. the fuel economy standards provisions in mered in 2008 when oil prices peaked at The PRESIDING OFFICER. Without EISA were estimated to reduce light-duty objection, it is so ordered. vehicle gasoline-equivalent fuel consumption $147 a barrel because there is a world market price for oil. So to refute the Mr. INHOFE. I suggest the absence of by between 2.1 and 2.2 million barrels per day a quorum. relative to a scenario where vehicle effi- notion that we should skirt our envi- ciency did not improve above the floor set by ronmental responsibilities and drill, The PRESIDING OFFICER. The standards in effect at the time of enactment. drill, drill to protect ourselves from clerk will call the roll. Relative to a baseline that included pro- high oil prices, we need to look no fur- The assistant editor of the Daily Di- jected market-driven improvements in fuel ther than the U.K. example. gest proceeded to call the roll. economy, the savings in fuel consumption I don’t understand why the minority Mrs. HUTCHISON. Mr. President, I due to the fuel economy provisions were still leader wants us to increase our Na- ask unanimous consent that the order estimated at 1.2 to 1.4 million barrels per for the quorum call be rescinded. day. Furthermore, the RFS provisions of tion’s reliance on foreign oil. I think EISA were estimated to further reduce pe- we should be getting off foreign oil and The PRESIDING OFFICER. Without troleum consumption by 0.3 to 0.6 million not allowing polluters to addict an- objection, it is so ordered. barrels per day in 2030. other generation to that product. I (The remarks of Mrs. HUTCHISON are The AEO2011 Early Release, which reflects think we should be getting off foreign printed in today’s RECORD under current laws and regulations, does not in- oil, rather than have future U.S. gen- ‘‘Morning Business.’’) clude a further increase in fuel economy erations compete with the Chinese for Mrs. HUTCHISON. Mr. President, I standards for model years 2017 through 2025 wanted to speak on the McConnell that is now under consideration in the regu- every last remaining supply of ever latory process. The forthcoming release of more expensive oil. amendment that Senator INHOFE has the full AEO2011 will include alternative sce- I agree it would be better if Congress worked so hard to bring up, and also narios of increased light-duty vehicle fuel ef- acted to address our need to diversify LISA MURKOWSKI from Alaska. We all ficiency to illustrate how further actions by our Nation’s energy sources. I am anx- know what is happening to gasoline policymakers in this area could affect pro- ious to work with my colleagues on the prices in the United States right now. jected U.S. oil use and imports over the next other side of the aisle to develop legis- They have gone up now and the aver- 25 years. lation that would use the power of the age is about $3.60 a gallon. What we are Finally, while there are a variety of ways to place the major change in projected net free market to do that and protect con- looking at are more increases in those petroleum imports resulting from EISA into sumers at the same time. I am certain gasoline prices if the EPA is allowed to perspective, comparisons to the level of U.S. there is a bipartisan solution we can take an authority it does not have and proven crude oil reserves can be clarified by all agree to. But we can do this and regulate greenhouse gasses.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2173 Some of the other amendments of- on this subject that will do the job. It ened to see our auto industry begin to fered on this subject are well inten- is simple and clear. It would eliminate do just that, but we need to go further. tioned, but they do fall short of actu- the EPA’s ability to make regulations The McConnell amendment would ac- ally making a difference. The amend- in an area that Congress has not au- complish the opposite by creating busi- ment before us repeals EPA’s effort. It thorized it to do. That is what we need ness uncertainty for our existing is very simple and very clean. Small to do. Congress needs to take the reins standards and stopping the develop- businesses are struggling to survive, and halt the overregulation that is ment of future efforts to save more oil struggling to keep workers, and trying hurting our small businesses and hurt- and money. to make it in very small margins in ing our economic recovery. This amendment is part of the ongo- this economic time. I hope my colleagues will join me in ing concern over how we will reduce Families are facing higher energy supporting the McConnell-Inhofe-Mur- carbon pollution, and there will always costs. We are all suffering. I have a kowski amendment. be the need to balance the needs for pickup truck which I love to drive. I Mr. REED. Mr. President, today, we business development and environ- filled it up a couple of weekends ago. It are in the midst of another rapid in- mental protection. But it does not have was about $60. That is a pickup truck. crease in the price of oil and gas at the to be an either or position. A healthy That is a basic form of transportation pump faced by our constituents. Rath- environment is important for a strong for many Americans. Farmers depend er than address this issue in a positive economy, and the 40-year track record on affordable energy prices. They must manner, we are once again debating an of the Clean Air Act has shown us that put gasoline in their trucks, diesel in amendment whose authors believe that the two can work well in concert. their harvesters, use energy-intensive they have the expertise to determine We need to define our energy future, fertilizer. that the EPA was wrong to conclude one that ends our dependence on for- Higher costs for farmers means high- that greenhouse gases are pollutants, eign oil and confronts the challenges of er costs for food. You are talking about despite the preponderance of scientific climate change. This amendment ac- now an inflation we cannot afford in evidence. complishes neither and I urge my col- this kind of economic environment. The McConnell amendment dis- leagues to reject it. During all of this, the EPA now wants regards the advice of leading scientists, Mr. LEVIN. Mr. President, there are to impose a new gas tax on America in doctors, and public health experts by various proposals before us that would the form of greenhouse gas regulation. not only overturning EPA’s scientific impact efforts by the U.S. Environ- Last Congress I issued a report that endangerment finding but also telling mental Protection Agency to address documented how the Kerry-Lieberman EPA that it must continue to ignore greenhouse gas emissions that con- climate legislation would impose a $3.6 what America’s science experts are tribute to global climate change. trillion gas tax on the American peo- telling us about the dangerous impacts While I have concerns regarding ple. Using the data from EPA and the of carbon pollution. EPA’s regulatory efforts in this regard, Energy Information Administration, The Supreme Court concluded in 2007 Senator MCCONNELL’s amendment not we calculated that climate legislation that the Clean Air Act’s definition of only restricts EPA’s regulatory work, would impose a $2 trillion gasoline tax, air pollutant includes greenhouse gas but it would explicitly overturn an im- a $1.3 trillion diesel fuel tax, and a $330 emissions, rejecting the Bush adminis- portant science based EPA finding that billion jet fuel tax. tration’s refusal to determine whether greenhouse gas emissions may endan- According to the EPA and the senior that pollution endangers Americans’ ger the public health and welfare of Obama administration officials, regula- health and welfare. The Senate should current and future generations. Fur- tions would be even worse than legisla- similarly reject this amendment, ther, the McConnell amendment would tion. That was one of the main argu- which would overturn that science- repeal the mandatory reporting of ments they used in support of climate based decision. emission levels of greenhouse gases, legislation, that the regulations would There are many far-reaching con- which began in 2009. The results of that be even worse than cap-and-trade legis- sequences of this amendment, but I reporting will help inform important lation. want to focus my attention on how it policy decisions regarding how to re- But that is exactly what we are get- will disrupt the broadly supported and duce greenhouse gas emissions. ting with the EPA now trying to regu- partnership-driven fuel efficiency Senator ROCKEFELLER’s amendment late what we could not pass in the leg- standards for new cars and light would establish a 2-year delay on any islature, for good reason. The Baucus trucks, thereby forfeiting many hun- EPA action pertaining to greenhouse amendment could shield small busi- dreds of millions of barrels of oil sav- gas emissions from stationary sources, nesses and farmers from EPA permit ings, including savings for the Amer- with the hope that Congress will act to requirements, but it codifies the re- ican consumer, and potentially re- reach a legislative solution to reduce quirements for energy and fuel pro- opening the debate to contentious liti- greenhouse gas emissions economy- ducers, meaning everyone in America gation. wide. I could support that because I will still pay higher energy prices. This would be a major step back- prefer comprehensive climate legisla- The Stabenow and Rockefeller wards in our efforts to decrease the tion with targets and timetables that amendment only delays the higher en- cost of fueling at the pump. The price are technologically achievable instead ergy costs and job losses for 2 years. of gas weighs heavily on the budgets of of a regulatory regime administered by That is not good enough. I hope my American families, currently $3.56 per the EPA to address greenhouse gas colleagues will see that this is our time gallon in Rhode Island and an increase emissions. to tell the EPA we will determine what of 27 percent over the same time last However, I cannot support the we want them to regulate. That is the year. The cheapest gallon of gas is the Rockefeller amendment because of its responsibility of the Congress. We are one that you do not need to buy, which impact on the regulation of vehicle to make the laws, they are to imple- is why I have long championed im- greenhouse gas emissions. The amendment them. They are not to reinvent proved fuel efficiency. ment would explicitly allow regulation them in their own model of what they Last year’s vehicle efficiency and of vehicle greenhouse gas emissions by have the authority to do, and we have emissions standards will save con- EPA to go forward under the Clean Air not given them the authority to regu- sumers more than $3,000 in fuel costs Act, which leaves intact the authority late greenhouse gases. The refineries over the lifetime of new vehicles. In- for the EPA to grant a waiver to the say this added amount of regulation is creasing the standard to 60 mpg by 2025 State of California to regulate vehicle going to cost so much that they will could result in $7,000 in savings. Our greenhouse gas emissions. The stated have to raise their prices in their fac- competitors in China and Europe al- goal of the Obama administration, one tories, and that assuredly will raise the ready have higher efficiency standards. I strongly support and have fought for, price of oil and gasoline through its use It is time that we create manufac- is to have a single national standard in our country. turing jobs here in America by pro- for vehicle fuel economy and green- This is an amendment. There is only ducing cars that save consumers house gas emissions, as is currently the one amendment of all the amendments money at the pump. I have been heart- case for model years 2012–2016. That

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2174 CONGRESSIONAL RECORD — SENATE April 6, 2011 goal is defeated, however, if states can cer, asthma, and other life-threatening troduced and unanimously passed by individually regulate these emissions, illnesses. But even after 40 years of ac- the Senate. I have supported efforts to because the result is a patchwork of tion, pollution in many areas of the reduce life-threatening pollutants, overlapping and conflicting regula- country still violates basic health such as lead and mercury. And I will tions. standards, putting tens of millions of support efforts to reduce hazardous Senator STABENOW’s amendment has Americans’ lives at risk. greenhouse gases, just as a majority of many provisions I support. For in- In Vermont, while we don’t have any Americans do. stance, unlike the McConnell amend- coal-fired powerplants, we are still the The truth is that the McConnell ment, it would not nullify the EPA victims of their pollution as it travels amendment and the other EPA amend- finding based on science that green- by wind across our borders into the ments we will vote on today would house gas emissions may endanger pub- Green Mountain State. Throughout the hurt public health, cost consumers lic health and the environment. It Nation, hundreds of thousands of more, stifle the invention of new pollu- would also allow EPA to move forward Americans suffer every year from ill- tion prevention technologies which with its reporting requirements, which nesses linked to emissions from power- grow the U.S. economy and jobs, and will help inform policy makers as to plants, refineries and other large further slow our transition to renew- how to best reduce greenhouse gas sources of air pollution and greenhouse able energy sources. Since passage of emissions. The Stabenow amendment gases. the Clean Air Act, the benefits have would also allow the EPA to move for- Yet there are some powerful special proved to be 42 times greater than the ward with its planning to reduce green- interests and some Members of this estimated costs of cleaning our air. Our house gases from stationary sources. body who would like to strip the EPA GDP has tripled since the Clean Air Emissions of greenhouse gas emissions of its authorities to enforce the Clean Act was passed. from agricultural sources would also be Air Act because they reject the notion In Vermont we are fortunate to have excluded from EPA regulation related that greenhouse gases are air pollut- two of the preeminent innovation com- to global climate change. ants and harmful to public health, or panies in the world, IBM and GE. These However, the Stabenow amendment they believe that we just cannot afford corporations and others like them rely would also leave intact EPA’s author- clean air. Methane, nitrous oxide, car- on regulatory certainty when deciding ity under the Clean Air Act to issue ve- bon dioxide, hydrofluorocarbons and what investments to make in research, hicle greenhouse gas emissions stand- other compounds are the ingredients of technology, and expansion into new ards and authority for EPA to grant a a pollutant cocktail forced on many markets. These attempts to strip EPA waiver to the State of California. I sup- millions of Americans. of its authority under the Clean Air port the EPA and the Department of The Supreme Court has determined Act to regulate greenhouse gas emis- Transportation together developing a that the Clean Air Act is ‘‘unambig- sions would send the wrong market sig- single national standard. If there is uous’’ and that greenhouse gases, such nals to our innovators. going to be a single national standard as those I just mentioned, are ‘‘without Myths are myths and facts are facts, for 2017–2025, then logically there must a doubt’’ air pollutants under the Clean and the fact is that pollution standards also be preemption of state authority Air Act. As such, EPA is required to are by law both achievable and afford- in this area. I cannot support an regulate these emissions since they enable. amendment that addresses EPA au- danger public health. The Supreme They encourage energy efficiency, thority but leaves in place its author- Court has given the EPA little choice, which reduces energy demand, reduces ity to grant a waiver that is so prob- and the science is clear they must act. fuel consumption, drives down our de- lematic for our manufacturing sector. The McConnell amendment would pendency on fossil fuels and foreign oil, I particularly regret that I cannot have politics, not science, decide which reduces operating costs, and lowers en- support the Stabenow amendment be- pollutants are hazardous and which ergy prices. In fact the most prevalent cause it also includes an extension of pollutants should be regulated. If poli- compliance response to EPA’s carbon the so-called section 48C advanced en- tics had been allowed to trump the regulations will be using current and ergy manufacturing tax credit, which I compelling scientific evidence, we may newly developed technologies to in- support. This tax credit—enacted as have never phased lead out of gasoline, crease a plant’s energy efficiency. part of the American Recovery and Re- or reduced ozone-depleting chemicals, The McConnell amendment would investment Act—provides an important or tackled acid rain. Over the years render meaningless the progress that incentive for energy manufacturers to powerful special interests have sought we have already made to invent new continue to invest in facilities in the to block EPA’s actions on all of these products that consume less fuel, pol- U.S. I very much support extension of issues, arguing that the science was lute less, and create American jobs— this tax credit and will work with my weak and the costs unjustified. Once jobs that cannot be sent overseas. The colleagues to try to extend it. again they are crying wolf and trotting McConnell amendment would penalize Mr. LEAHY. Mr. Presdient, I urge re- out the same discredited arguments to those pioneering facilities that have al- jection of all of the amendments of- fight greenhouse gas regulations today. ready taken steps to clean up industry, fered today that would gut the Envi- In enforcing the Clean Air Act, EPA and reward those who have seen these ronmental Protection Agency’s ability is doing the job that Congress man- new standards coming for years, but to enforce our Clean Air Act. dated decades ago. These amendments have chosen to do nothing to protect It has been proven time and time that attack the Clean Air Act would the public. Instead they now pressure again that we can have both a clean enforce the EPA to turn a blind eye to- Congress to let them off the hook and vironment and grow our economy. In ward polluters, the same polluters that to pass the long term health costs fact without a clean environment, it is are spending millions of dollars to along to the public. more difficult for us to grow the econ- lobby against the Clean Air Act. The evidence in favor of embracing a omy. Without the Clean Air Act we I urge every Senator to talk to the cleaner future is clear. We have an op- would be spending trillions of dollars parents and grandparents of children in portunity to encourage our innovative more on health care costs and lost their home States who suffer from companies to be global leaders in new work days. Over its 40 years the Clean asthma. Take the time to hear about clean energy technologies that will Air Act has been one of the world’s the trips they have had to take to the create jobs here in America. We must most successful environmental and emergency room and about the count- stop supporting the dirty, outdated and health protection laws reducing expo- less hospital stays because of the air inefficient technologies of the past. sure to pollutants such as lead, ozone, they breathe, something so many of us By eliminating EPA’s ability to im- sulfur dioxide, smog-forming gases, and take for granted. These attacks on the pose scientific, health-based limits on mercury and other heavy metals and Clean Air Act would also lead to more carbon pollution from the Nation’s toxics. heart attacks, more strokes, more can- largest polluters, the McConnell Thanks to the Clean Air Act millions cer, and shorter lives. amendment and the other amendments of lives have been saved by preventing I arrived in the Senate just 5 years that attack the EPA would only end up premature deaths, heart attacks, can- after the Clean Air Act of 1970 was in- taking a hefty toll in Americans’

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2175 health and costing consumers more by It is very clear in the Clean Air Act that was taken February 14 of this increasing oil consumption and forcing that, yes, Congress meant we should year—say that the Environmental Pro- them to pay higher fuel costs. control this type of dangerous pollu- tection Agency should update Clean We need to support efforts for clean tion once an endangerment finding is Air Act standards with stricter air pol- air and to reduce our dependence on made. And that was made. What the lution limits. Listen. Stricter air pol- fossil fuels. Lives are at stake. In 2010, McConnell amendment does—and my lution limits. in just 1 year, the Clean Air Act pre- friend Senator INHOFE was actually the The polluters do not like it. They are vented 160,000 cases of premature author of the full bill, the same thing— crying all the way to the bank. They death. By 2020, that number is pro- is essentially say that the EPA is over- had the biggest profits they ever had, jected to rise to 230,000. ridden. They repeal the endangerment the oil companies. They do not want The air we breathe is the heritage of finding. That is like my coming here the EPA enforcing the law. By the way, the American people, not the property and saying, I want to repeal science my colleagues name this amendment of the big polluters. that says that smoking causes lung something like The Gas Reduction The people of this great country de- cancer. Okay? I want to play doctor. I Price Act or something like that. serve better, and they want clean air as want to play scientist. It is absolutely They say this is going to help us stop well for their children and grand- a dangerous precedent because it in- gas prices from rising. It has nothing children. That is why I urge defeat of volves our people. Climate change is to do with that. Every time we move these amendments to gut enforcement expected to worsen regional smog pol- forward with Clean Air Act authorities, of the Clean Air Act. Stand up for a fu- lution, which can cause decreased lung there are predictions from all the pol- ture with clean energy and economic function, aggravated asthma, increased luters about how horrible it will be, growth that depends on a clean envi- emergency room visits, and premature and we never had such a period of pros- ronment. Take a stand for the Amer- deaths. perity since Richard Nixon signed the ican innovation that will create more Why on Earth do my colleagues want Clean Air Act. American jobs and technology to pro- to repeal an endangerment finding—by Sixty-eight percent say: Congress, tect the public’s health and the envi- the way, Senator MURKOWSKI tried and stay out of the Clean Air Act stand- ronment. And help more Americans it failed, and it is going to fail here ards. Leave them alone. Don’t change live longer lives. today. But the fact is, why should we them. The McConnell amendment and I yield the floor. play doctor? I know some of us have a the others, all interfere. The PRESIDING OFFICER. The Sen- great elevation of ourselves; a couple Sixty-nine percent say EPA sci- ator from California. have doctorate degrees, but most of us entists, not Congress, should set pollu- Mrs. BOXER. Mr. President, I am are not scientists and doctors. We act tion standards. This McConnell amend- here because I want to urge a no vote as if we are. I am too humble to repeal ment and the others all put Congress in on all these amendments that essen- science. That is what they do here. the middle. tially stop the Environmental Protec- Let’s look at the health successes of The people are smart. They don’t tion Agency from doing their work as the Clean Air Act. In 2010 alone, the want politicians deciding what to do it relates to air pollution. act prevented 160,000 premature deaths, about their health. They don’t come to I am here to do that because never 1.7 million asthma attacks, 130,000 us when they have asthma. They don’t before have we ever interfered in the heart attacks, and 3.2 million lost days come to us when they get cancer. They enforcement of the Clean Air Act. It of school. I am telling you, the Clean rely on physicians. They rely on sci- has worked because we have seen tre- Air Act has been a great success. The entists. But we are playing doctor mendous advances in our clean air. number of smog-related health today. We are going to repeal or try to Pollutants cause or contribute to asth- advisories in Southern California has repeal the endangerment finding that ma, emphysema, heart disease, and dropped from 166 days in 1976 to zero went along with the EPA deciding to other potentially lethal respiratory days in 2010. move forward and enforce decreases in ailments. Why on Earth would we want to mess carbon pollution. We know from the work of the Bush with a law that has been working? It On March 14 the Washington Post administration and that of the Obama has been working. I defy anyone to had a very interesting article, an op-ed administration that the endangerment point out a law that has worked as well piece signed by Christie Todd Whit- finding that said greenhouse gases were as this one. We went from 166 days in man, EPA Administrator from 2001 and dangerous for our health predicted that Los Angeles, where people were told 2003, and William Ruckelshaus, EPA ground-level ozone would increase if we not to go outdoors, to zero days in 2010, Administrator from 1970 to 1973, two did nothing, and we would have more because the EPA—by the way, created Republican former heads of the EPA. cases of asthma and coughing, and peo- by a Republican President, Richard They wrote: ple staying home from school, and Nixon—does its job. Today the agency President Richard Nixon staying home from work. Look at the bipartisan support for created in response to the public outcry over The EPA’s endangerment finding is the Clean Air Act. First of all, it visible air pollution and flammable rivers is key. Here is what they told us: passed the Senate 73 to 0, the House 375 under siege. The Senate is poised to vote on a bill that would, for the first time, dis- Severe heat waves are projected to inten- to 1. The conference report was ap- approve of a scientifically based finding, in sify, which can increase heat-related deaths proved unanimously, and now, sud- this case that greenhouse gases endanger and sickness. denly, I cannot find a Republican to public health and welfare. Remember, this is relating to carbon say they fully support the Clean Air This is signed by two Republican pollution, greenhouse gases, exactly Act. What has happened to my friends former heads of the Environmental what my colleagues are trying to ei- on the other side of the aisle? This was Protection Agency. The McConnell ther slow down cleaning up or stop a bipartisan issue. It certainly is with amendment is radical in the extreme. cleaning up, in an unprecedented as- the people. We have never before played doctor sault on our nation’s health—unprece- In 1990, we had a bipartisan vote around here and repealed a scientific dented assault on our nation’s health. signed by President George Herbert finding that said a certain type of pol- We even had a Senator stand up here Walker Bush: Senate, 89 to 10; House, lution is a problem. and say, EPA does not have the right 401 to 25. That is why so many people They also said: to regulate carbon pollution, green- in this country still support the Clean It is easy to forget how far we have come house gas emissions. I would urge that Air Act. Let’s look at the results of in the past 40 years. We should take heart person, and everyone else saying it, to that bipartisan poll we have. Bipar- from all the progress and not, as some in read the Clean Air Act. It is so clear. tisan support. Congress have suggested, seek to tear down And, by the way, the Bush administra- It was created, the EPA, by Richard the agency that the president and Congress tion did not want to enforce the Clean Nixon. Republican President George created to protect America’s health and en- Air Act, and they went all the way to Herbert Walker Bush signed the reau- vironment. the Supreme Court, and the Supreme thorization, and 60 percent of the peo- If we are interested in bipartisanship, Court said no. ple in this Nation—and this is a poll why don’t we look at the facts. The

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2176 CONGRESSIONAL RECORD — SENATE April 6, 2011 fact is, the American public supports legislation introduced that would do That is why I said at the time that EPA and the Clean Air Act. The fact is, essentially what the Kyoto treaty we had this bill up, I will stipulate to Richard Nixon created the EPA. The would have done, which would have the science, even though the science is fact is, George Herbert Walker Bush been cap and trade. We had MIT and not there. I know it is not there, but signed the Clean Air Act amendments. others look at it to see what in fact what is there is the economics. The fact is, it is very clear in the Clean would be the cost if we were to do this. Here we were, faced with a situation Air Act that carbon pollution, any pol- I can remember when my good friend, where we were looking at the possi- lution related to climate change, is the junior Senator from California, bility of the Environmental Protection covered. Mrs. BOXER, and I talked on the Senate Agency regulating CO2. I contend that This is a reality check from someone floor the last time we defeated her they can do it if they have an who believes we should not go down bill—I think this might have been the endangerment finding, but they don’t this dangerous path of playing doctor, Waxman-Markey bill, but it doesn’t have to do it. The economic punish- playing scientist, overturning the En- matter because they are all the same— ment to America would be tremendous. vironmental Protection Agency, which I stipulated to the science. I said: All However, it wouldn’t do any good. enjoys almost 70 percent support right. Let’s assume the science is right. Here is the big question: What if I am among the people of this greatest of all It isn’t, but let’s assume it is so we wrong? People have asked me: INHOFE, nations. don’t have to talk about that. Assum- what if you are wrong? You have been I yield the floor. ing it is, let’s talk about the econom- leading this fight for 9 years. What if The PRESIDING OFFICER. The Sen- ics. That is where we developed what it CO2 does endanger health and cause ator from Oklahoma. would cost. global warming and all these scary sto- Mr. INHOFE. Mr. President, I agree In my State of Oklahoma, I have a ries we hear? in one respect with the Senator from policy that when we talk about billions My response to that is, if that is the California. Actually, we agree on a lot and trillions of dollars I try to put it case, it is not going to make any dif- of points. We agree on infrastructure into context as to how it will affect ference because even the EPA director and things that we know the country taxpayers in my State. I have a very admits if we unilaterally pass some needs. But in the area of the Clean Air simple thing I do. I take the total num- type of regulation that stops the regu- Act, she said: Show me one Republican ber of families who file tax returns and lation of greenhouse gases, it is not who supported it. I supported the Clean then I do the math. If I divide that, going to affect the overall release of say, $350 billion a year, that means the Air Act. It has been a tremendous suc- CO2 emissions. cess. average taxpayer in my State would The reason is simple. If we do it only Stop and look at the real pollution. I have to pay $3,100 a year in additional in the United States, we would argue am not talking about greenhouse taxes in order to pay for the cap-and- that is not where the problem is. The gases. I am talking about the six real trade regime that comes with any type problem is in China, Mexico, India, and pollutants and what has happened. It is of legislation. We talked about that. Third World countries that don’t have amazing the success of the Clean Air Continually, we defeated each bill that any emission controls at all. So I think Act. I agree with that. came along. everyone agrees if we pass something I remind everyone, though, that the This is the key. The Obama adminis- like these regulations of the EPA uni- Clean Air Act would not be regulating tration is very beholden to some of the laterally, it would not reduce emis- far leftwing people. He had a commit- CO2 except the court said: If you want sions at all. Consequently, we would be to do it, you can. They did not man- ment to try to pass some kind of cap incurring economic punishment to date that it be done. That is worth con- and trade. He said: If we can’t do it leg- achieve nothing. sidering. islatively, we will do it through regula- I would take it one step further. As Since I have the time until we will be tion. So we had all these regulations we chase away our manufacturing base, voting on the first of three cover votes that EPA started coming down with. as they say would happen, we would be I have to mention, of these regula- before they get to my amendment, I in a position where they would go to tions, one was very significant because wish to correct my good friend from countries where there is no emission I remember when she was before our California. She referred to it as the controls. It would actually have the re- Environment and Public Works Com- McConnell amendment. It is the sult of increasing emissions. mittee, I said to her—this is right be- McConnell-Inhofe amendment. In fact, Even if Senator BOXER is right in ev- fore going to the big U.N. party in Co- it came from my bill that I introduced erything she says, she is wrong in the penhagen about 18 months ago—I have with FRED UPTON sometime ago, a bill respect that if we pass it, it will not a feeling, Madam Director, that you that is going to be voted on in the lower emissions. That is the fact. are going to come up with an House Representatives today. So it is We are running out of time, but I endangerment finding. When you do, it appropriate that we take it up now. have the time right up to 4 o’clock. I has to be based on science. What will go over four things that will hap- This amendment has been postponed science will you base it on? six or seven times. I applaud the major- pen, finalizing the vote that is going to She said: Primarily on the IPCC. be at 4. ity leader for letting us have these To make sure everybody under- votes. It is important that we do this. Mr. BAUCUS. Will the Senator yield? stands, the IPCC is the United Nations. Mr. INHOFE. Let me finish because I This is what I believe is important. They are the ones who came up with People need to understand a couple of am going to need all the time. this whole thing and said this is what Mr. BAUCUS. I ask unanimous con- things: First, this is all about, starting the end of the world is going to be. sent to speak for 2 minutes prior to the in the 1990s when they had the Kyoto I said: If you are going to have an vote on my amendment. convention that we were supposed to endangerment finding that CO2 is an The PRESIDING OFFICER. Is there ratify, President Clinton never did sub- endangerment to health, then it has to objection? mit it to the Senate for ratification. be based on science. What science will Mr. INHOFE. Reserving the right to Nonetheless, it was one that regulated it be based on? object, is the Senator talking about greenhouse gases. I remember at that The answer was, the United Nations. doing it after 4 o’clock? time the Wharton School did an anal- It is going to be based on the science of Mr. BAUCUS. Before the vote, yes. ysis that asked: What if the United the IPCC, the Intergovernmental Panel Mr. INHOFE. If he would include me States were to ratify the Kyoto treaty on Climate Change. That is the United to speak for 1 minute at that time, I and live by its requirements? What Nations. have no objection. would the costs be? Coincidentally, right after that is Mr. BAUCUS. That would be fine. It came out somewhere in the neigh- when climategate came, and they The PRESIDING OFFICER. Without borhood of between $300 and $400 bil- found that they had been cooking the objection, it is so ordered. lion. We never ratified it because the science for about 10 years and that the Mr. INHOFE. Senator BAUCUS will President never submitted it for ratifi- legitimate interests and input of real have an amendment up. I think it is in- cation. Then in 2003, there came a num- scientists were rejected. So the science teresting. I refer to these three amend- ber of votes. Almost every year we had just flat wasn’t there. ments as cover amendments. In other

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2177 words, there are a lot of Democrats about the big ones, the 15,000? Those It also undermines the Clean Air who don’t want to vote to take away are large plants run by big corpora- Act’s New Source Review Program for the jurisdiction of the Environmental tions. They essentially produce most of carbon pollution, which ensures that Protection Agency to regulate green- the greenhouse gas emissions. Ninety- the biggest polluters use modern pollu- house gases, so they have offered other six percent of these 15,000—the big tion control technologies. It basically amendments. The Baucus amendment ones—are already subject to EPA cri- says the EPA cannot go and enforce it is one that is going to exempt certain teria. They have to get permits. More- using the New Source Review unless small people, some small farmers and over, they emit 70 percent of the green- there is another pollutant involved. all that. But that doesn’t exempt them house gas emissions. So as the chairman of the Environ- from having their electricity rates es- So I am just saying, for small busi- ment and Public Works Committee, I calate. nesses—there are a lot of them—it is have deep concerns. The Baucus The American Farm Bureau says: We very important they be exempt from amendment is opposed by leading pub- don’t want any of the cover votes. We EPA regulations. It is common sense. lic health organizations: the American don’t want the Baucus bill. We don’t In general, it is OK, but it exempts ag- Lung Association, the American Public want Stabenow, and we don’t want riculture and it exempts small busi- Health Association, the American Tho- Rockefeller. Stabenow would also have ness. racic Society, the Asthma and Allergy a delay in certain parts of the regula- The PRESIDING OFFICER (Mrs. Foundation of America, Physicians for tion. The Rockefeller vote, which is HAGAN). The Senator from Montana Social Responsibility, and the Trust going to be the third vote, is one that has consumed his 2 minutes. for America’s Health, as well as clean would have a 2-year delay. In other Mr. BAUCUS. I thank the Chair. energy business, environment, and con- words, it says we can go ahead and do The PRESIDING OFFICER. The Sen- servation organizations. the regulation, but we will kind of put ator from Oklahoma. For that reason—although I fully unit off for 2 years. Mr. INHOFE. Madam President, a derstood the initial intent, and I The real vote and the one that is point of inquiry, not to be taken from thought it was laudable—this has critical—and if there is anyone out the time I have. The inquiry is, When transformed into an amendment that I there who doesn’t want to go home and we get into the four votes, are we going do not support and the leading public say: I am responsible for passing the to have additional time arguing for and health organizations do not support. So largest tax increase in the history of against the amendments? I would urge a ‘‘no’’ vote on the Baucus America by defeating the Inhofe- The PRESIDING OFFICER. There is amendment. McConnell amendment, then go ahead 2 minutes of debate, equally divided, I yield the floor. and vote that way. That is going to be between the stacked votes. The PRESIDING OFFICER. All time a serious problem—not for me but for Mr. INHOFE. OK. I would ask the has expired. the Senators who might vote the wrong Chair, these 2 minutes are having to do The question is on agreeing to Bau- way. with the Baucus amendment, the first cus amendment No. 236. The McConnell-Inhofe amendment one we will vote on; is that correct? Mr. BAUCUS. I ask for the yeas and will be the fourth vote. This is the crit- The PRESIDING OFFICER. Senator nays. ical one. The rest are cover votes. BOXER and Senator INHOFE each have 1 The PRESIDING OFFICER. Is there a With that, I yield the floor. minute. sufficient second? The PRESIDING OFFICER. The Sen- Mr. INHOFE. On the Baucus amend- There appears to be a sufficient sec- ator from Montana. ment? ond. Mr. BAUCUS. I ask unanimous con- The PRESIDING OFFICER. Yes. The clerk will call the roll. sent that in addition to my being able Mr. INHOFE. OK. I thank the Chair The bill clerk called the roll. to speak for 2 minutes and Senator very much. The result was announced—yeas 7, INHOFE 1 minute, that Senator BOXER Let me go first. In deference to my nays 93, as follows: also be allowed to speak for 1 minute good friend, Senator BOXER, I said I [Rollcall Vote No. 51 Leg.] on this amendment. would go first and she can go last. YEAS—7 The PRESIDING OFFICER. Without Let me mention, this is only on the Baucus Hagan Levin objection, it is so ordered. Baucus amendment. Yes, the Senator Begich Johnson (SD) AMENDMENT NO. 236 is right in presenting his amendment Conrad Klobuchar Mr. BAUCUS. Mr. President, I have a that it does exempt farmers and some NAYS—93 very commonsense amendment. It basi- small businesses from the higher costs Akaka Franken Murkowski cally says: The general rule makes and all that. But here is the problem Alexander Gillibrand Murray sense, but there should be a couple ex- with that: All we have to do is read the Ayotte Graham Nelson (NE) statement by the American Farm Bu- Barrasso Grassley Nelson (FL) ceptions. The general rule is that we Bennet Harkin Paul should have regulations on greenhouse reau where they say: Look, all of our Bingaman Hatch Portman gas emissions, but not for agriculture. farmers across America—even if this Blumenthal Hoeven Pryor I am talking about agricultural pro- only affects the refiners and the manu- Blunt Hutchison Reed Boozman Inhofe Reid ducers, not processors, the regulations facturers, that increases the cost of Boxer Inouye Risch which would still apply to processors. fuel and the cost of fuel is going to go Brown (MA) Isakson Roberts We are talking about producers, agri- higher and we do not get anything for Brown (OH) Johanns Rockefeller it. For that reason, they oppose the Burr Johnson (WI) Rubio cultural producers. They should be ex- Cantwell Kerry Sanders empt. Currently, there are not regula- Baucus amendment. Cardin Kirk Schumer tions. EPA may or may not pass regu- The PRESIDING OFFICER. The Sen- Carper Kohl Sessions lations that affect agricultural pro- ator from California. Casey Kyl Shaheen Chambliss Landrieu Shelby ducers. I think we should make clear to Mrs. BOXER. Madam President, Coats Lautenberg Snowe agriculture they are exempt. They are when Senator BAUCUS talked to me Coburn Leahy Stabenow not the big greenhouse gas polluters. about his amendment, it sounded quite Cochran Lee Tester Second, this amendment puts in reasonable to make sure we codify the Collins Lieberman Thune Coons Lugar Toomey place and codifies EPA’s attempt to tailoring rule of the EPA, which ex- Corker Manchin Udall (CO) deal with small business with its tai- empts broad swaths of American busi- Cornyn McCain Udall (NM) loring rule. It may or may not be nesses from their work on enforcing Crapo McCaskill Vitter DeMint McConnell Warner upheld in the courts. Passage of this carbon pollution reductions. But as it Durbin Menendez Webb amendment would allow this to be came out—and I discussed this with Ensign Merkley Whitehouse upheld in the courts. him—it goes further. It harms the pro- Enzi Mikulski Wicker Essentially, there are 15,000 emitters motion of clean, renewable biomass, ef- Feinstein Moran Wyden of greenhouse gas emissions that are fectively stopping EPA’s ability to use The PRESIDING OFFICER. On this the big ones. The other 6 million basi- the Clean Air Act to encourage this vote, the yeas are 7, the nays are 93. cally are the very small ones. What kind of alternative energy. Under the previous order, requiring 60

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2178 CONGRESSIONAL RECORD — SENATE April 6, 2011 votes for the adoption of this amend- ufacturers, but it doesn’t do anything in my State about EPA and permits, ment, the amendment is rejected. to protect anybody from the higher and I understand that very well. But I AMENDMENT NO. 277 price of energy. The farmers will tell want to take 2 years so we can think as There will now be 2 minutes of debate you that, and everybody else will. With a body and actually come up with an on the Stabenow amendment. Who the 2-year delay, EPA can drop its reg- energy policy. I am ready for that. yields time? ulatory hammer on farmers and busi- I am not the same person I was 2 or The Senator from Michigan. nesses. I urge your vote against this 3 years ago on this subject. But we Ms. STABENOW. For years, I have amendment. need that time. I ask my colleagues re- consistently and repeatedly said that The PRESIDING OFFICER. The spectfully to support my amendment. we need to have a balanced and com- question is on agreeing to amendment It stops at the end of 2 years, which prehensive American energy policy. No. 277. continues the use of CAFE standards, We can’t just impose regulations; we Mr. INOUYE. Madam President, I ask allowing EPA to set those standards. I need smart incentives to create the for the yeas and nays. ask my colleagues to vote against the technology for a clean energy econ- The PRESIDING OFFICER. Is there a McConnell amendment, which I think omy. sufficient second? There is a sufficient is truly a stunning aberration. The Stabenow-Brown amendment is second. The PRESIDING OFFICER. The Sen- based on the framework developed on a The clerk will call the roll. ator from Maryland. bipartisan basis for the past 2 years to The bill clerk called the roll. Mr. CARDIN. Madam President, I develop a truly comprehensive policy The result was announced—yeas 7, will take 30 seconds and yield to my that would allow us to phase in regula- nays 93, as follows: friend Senator INHOFE. tions. [Rollcall Vote No. 52 Leg.] For the reasons we already said This amendment would allow the YEAS—7 about public health or the protection EPA to do its work but would have the Brown (OH) Johnson (SD) Stabenow of our Clean Air Act, I urge my col- enforcement of that work be done in 2 Casey Klobuchar leagues to defeat the Rockefeller years. We would build on the successful Conrad Pryor amendment. advanced energy manufacturing tax NAYS—93 Let me add one other point. The credit, known as 48C, which has created Akaka Franken Mikulski American renewable energy industry jobs at 183 businesses in 43 States. Alexander Gillibrand Moran has written to us and told us that the Ayotte Graham Murkowski We have put the right incentives into Barrasso Grassley Murray uncertainty of a 2-year delay is more place because we know when we do Baucus Hagan Nelson (NE) than 2 years. It causes American re- that we help businesses create good- Begich Harkin Nelson (FL) newable energy companies to be at a paying jobs, and we can reduce carbon Bennet Hatch Paul disadvantage with foreign energy com- Bingaman Hoeven Portman pollution at the same time. Blumenthal Hutchison Reed panies, costing Americans jobs. Uncer- Our amendment also follows what Blunt Inhofe Reid tainty adds to job loss in America. the EPA has indicated is its intention Boozman Inouye Risch For the sake of the public health of toward agriculture by giving our pro- Boxer Isakson Roberts Brown (MA) Johanns Rockefeller Americans, for the sake of our econ- ducers the certainty they need. Burr Johnson (WI) Rubio omy, I urge my colleagues to reject the This amendment is a commonsense Cantwell Kerry Sanders Rockefeller amendment. approach to addressing the issue of Cardin Kirk Schumer The PRESIDING OFFICER. The Sen- Carper Kohl Sessions clean energy. Chambliss Kyl Shaheen ator from Oklahoma. The PRESIDING OFFICER. The Sen- Coats Landrieu Shelby Mr. INHOFE. Madam President, the ator from California is recognized. Coburn Lautenberg Snowe 2-year delay encourages bureaucrats to Mrs. BOXER. Madam President, par- Cochran Leahy Tester Collins Lee Thune stall new permits. It does not accom- liamentary inquiry: Senator INHOFE Coons Levin Toomey plish anything. It delays new construc- and I will speak for 30 seconds each. Is Corker Lieberman Udall (CO) tion, and it delays new jobs. that in compliance? Cornyn Lugar Udall (NM) One of the interesting points about The PRESIDING OFFICER. The Sen- Crapo Manchin Vitter DeMint McCain Warner all three of these amendments is that ators have that right. The Senator Durbin McCaskill Webb everyone agrees EPA should not be reg- from California. Ensign McConnell Whitehouse ulating greenhouse gases. If you are Mrs. BOXER. Madam President, the Enzi Menendez Wicker Feinstein Merkley Wyden going to have a root canal, does it help Stabenow amendment suspends full im- to wait 2 years? The PRESIDING OFFICER. The yeas plementation of the Clean Air Act as it I urge my colleagues to vote against are 7, the nays are 93. Under the pre- relates to carbon pollution for 2 years, the amendment. vious order requiring 60 votes for the which is going to cost jobs and harm The PRESIDING OFFICER. The adoption of this amendment, this America’s competitiveness. Worse than question is on agreeing to amendment amendment is rejected. that, I think around here ‘‘delay’’ is No. 215. sometimes a code word for ‘‘never.’’ AMENDMENT NO. 215 Mr. ROCKEFELLER. I ask for the A 2-year delay could become a long- Under the previous order, there is yeas and nays. term delay. It becomes more expensive, now 2 minutes of debate equally di- The PRESIDING OFFICER. Is there a and in the meantime our air gets dirti- vided prior to a vote in relation to sufficient second? er. amendment No. 215, offered by the Sen- There appears to be a sufficient sec- I will close with this: 68 percent of ator from West Virginia. ond. the people believe Congress should not The Senator from West Virginia. The clerk will call the roll. stop EPA from enforcing Clean Air Act Mr. ROCKEFELLER. Madam Presi- The assistant legislative clerk called standards. Yet this amendment, and all dent, my plan would put EPA on hold the roll. of the others, do just that. for 2 years and no more, but not on The result was announced—yeas 12, Let’s stand with the people, with the hold from many of its other duties, for nays 88, as follows: American Lung Association, with the example, CAFE standards. [Rollcall Vote No. 53 Leg.] physicians who have taken a stand Many of our colleagues do not real- against all of these amendments, and ize—and certainly the ones who are YEAS—12 allow EPA to do its job. going to support the McConnell amend- Brown (MA) Johnson (SD) Nelson (NE) Collins Landrieu Pryor I yield to the Senator from Okla- ment do not realize—that 31 percent of Conrad Manchin Rockefeller homa. all greenhouse gas emissions in this Graham McCaskill Webb Mr. INHOFE. Madam President, let country come from the backs of trucks NAYS—88 me join my friend from California and and cars. I do not stop them from going Akaka Baucus Blumenthal say that the Stabenow amendment is ahead and doing that. But I want Alexander Begich Blunt similar to the one we voted on before. breathing space so we can take 2 Ayotte Bennet Boozman It admits that the EPA will harm man- years—yes, there is a lot of frustration Barrasso Bingaman Boxer

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2179 Brown (OH) Hutchison Paul the answer was no because it would Durbin Leahy Sanders Burr Inhofe Portman only affect the United States of Amer- Feinstein Levin Schumer Cantwell Inouye Reed Franken Lieberman Shaheen Cardin Isakson Reid ica. Gillibrand McCaskill Stabenow Carper Johanns Risch This is your chance to vote against a Hagan Menendez Tester Casey Johnson (WI) Roberts major tax increase to the American Harkin Merkley Udall (CO) Chambliss Kerry Inouye Mikulski Rubio people. Udall (NM) Coats Kirk Sanders Johnson (SD) Murray Warner Coburn Klobuchar Kerry Nelson (FL) Schumer The PRESIDING OFFICER. The Sen- Webb Cochran Kohl Klobuchar Reed Sessions ator from Delaware. Whitehouse Coons Kyl Kohl Reid Wyden Corker Lautenberg Shaheen Mr. CARPER. Madam President and Lautenberg Rockefeller Cornyn Leahy Shelby colleagues, the question is simple: Can Crapo Lee Snowe we protect our environment and grow The PRESIDING OFFICER (Mr. Stabenow DeMint Levin our economy? And the answer is yes. WHITEHOUSE). On this vote, the yeas Durbin Lieberman Tester are 50, the nays are 50. Under the pre- Thune Forty years ago, naysayers claimed Ensign Lugar vious order requiring 60 votes for adop- Enzi McCain Toomey the Clean Air Act, signed into law by Feinstein McConnell Udall (CO) then-President Richard Nixon, was too tion of the amendment, the amend- Franken Menendez Udall (NM) ment is rejected. Gillibrand Merkley Vitter costly and would doom our economy. AMENDMENT NO. 281 Grassley Mikulski Warner They were wrong. We heard the same Hagan Moran Whitehouse doom-and-gloom predictions in 1990 Under the previous order there are Harkin Murkowski Wicker when President George Herbert Walker now 2 minutes of debate, equally di- Hatch Murray Wyden Hoeven Nelson (FL) Bush led the effort to strengthen the vided, prior to a vote in relation to amendment No. 281, offered by the Sen- The PRESIDING OFFICER. On this Clean Air Act. They were wrong again. ator from Oklahoma, Mr. COBURN. vote, the yeas are 12, the nays are 88. Since 1970, the efforts of the Clean Air Act have outweighed the cost 30 to 1, Mr. COBURN. Mr. President, this is a Under the previous order requiring 60 straightforward amendment that elimi- votes for the adoption of this amend- and the GDP has grown by more than 200 percent. The Clean Air Act has nates individuals who have adjusted ment, this amendment is rejected. gross incomes of greater than $1 mil- The Senator from Delaware. saved hundreds of thousands of lives, trillions in health care costs, and lion per year from receiving unemploy- AMENDMENTS NOS. 244 AND 161 WITHDRAWN grown our economy. Now the naysayers ment benefits. Last year, we had 2,383 Mr. CARPER. Madam President, I warn that reducing carbon pollution people who received unemployment ask unanimous consent to withdraw will doom our economy. Ronald Reagan benefits and also had an income tax re- the pending Landrieu second-degree might say: Well, there they go again. turn that had adjusted gross incomes amendment No. 244 and the Johanns But history and science say they are above $1 million. We had 40 that had amendment No. 161. wrong. adjusted gross incomes above $10 mil- The PRESIDING OFFICER. Without If we don’t take action, here is what lion per year. It is a very straight- objection, it is so ordered. it will mean: higher health care costs forward amendment. I hope we would AMENDMENT NO. 183 in America, destroyed coastlines, and support it. Under the previous order, there is an ever-growing dependence on foreign The PRESIDING OFFICER. The Sen- now 2 minutes of debate equally di- oil. That is not a recipe for economic ator from Colorado. vided prior to a vote in relation to success; it is a recipe for failure. Mr. UDALL of Colorado. Mr. Presi- amendment No. 183 authored by the Let’s keep America on the right dent, I am pleased to join my friend Senator from Kentucky. course—one that saves lives and grows from Oklahoma in supporting this The Senator from Oklahoma. our economy. Please join me in voting amendment. He laid out the case in the Mr. INHOFE. Madam President, I against the McConnell amendment. strongest terms possible. We are spend- think we learned something just in the I thank my colleagues. ing $100 million a year providing unem- last half hour, and that is that 90 per- Mr. WICKER. Madam President, I ployment insurance for people who cent of the Members of this body, of ask for the yeas and nays. make over 1 million a year. It doesn’t the Senate, do not think the EPA is The PRESIDING OFFICER. Is there a make any sense. It undercuts the in- qualified to regulate greenhouse gases. sufficient second? There is a sufficient tegrity of the unemployment insurance They voted against the Baucus amend- second. program and it would save $100 million, ment, the Stabenow amendment, and The question is on agreeing to as I mentioned. I ask all of you to join the Rockefeller amendment. I have re- amendment No. 183. The clerk will call us in supporting this amendment. Let’s ferred to those as cover amendments. the roll. save the taxpayers some money. You don’t get much cover when they The assistant legislative clerk called I yield the floor. get less than 10 percent of the vote. the roll. The PRESIDING OFFICER. The So now is the chance to really do The result was announced—yeas 50, question is on agreeing to the amend- something. If you really want to do nays 50, as follows: ment. something that is going to stop the Mr. COBURN. I ask for the yeas and [Rollcall Vote No. 54 Leg.] overregulation we get that is so offen- nays. sive to the majority of people, we can YEAS—50 The PRESIDING OFFICER. Is there a do it with the Inhofe-McConnell Alexander Graham Moran sufficient second? amendment. Ayotte Grassley Murkowski Barrasso Hatch There appears to be a sufficient sec- First of all, we know what the cost of Nelson (NE) Blunt Hoeven Paul ond. this will be. The cost will be some- Boozman Hutchison Portman The clerk will call the roll. where in the neighborhood of $300 bil- Brown (MA) Inhofe Pryor Burr Isakson The bill clerk called the roll. lion a year. It will be the largest tax Risch The result was announced—yeas 100, Chambliss Johanns Roberts increase in the history of this country. Coats Johnson (WI) Rubio nays 0, as follows: Coburn Kirk Secondly, what do you get? People Sessions Cochran Kyl [Rollcall Vote No. 55 Leg.] have asked: INHOFE, what if you are Shelby Corker Landrieu YEAS—100 wrong? What if these greenhouse gases Cornyn Lee Snowe Akaka Boxer Cochran are going to destroy this country? Crapo Lugar Thune Alexander Brown (MA) Collins DeMint Manchin Toomey If we are wrong, let’s look at the re- Ayotte Brown (OH) Conrad Ensign McCain Vitter sponse we received from the Adminis- Barrasso Burr Coons Enzi McConnell Wicker trator of the Environmental Protection Baucus Cantwell Corker NAYS—50 Begich Cardin Cornyn Agency, Lisa Jackson. When we asked Bennet Carper Crapo her at a public meeting, if we were to Akaka Blumenthal Carper Bingaman Casey DeMint pass these regulations or any of these Baucus Boxer Casey Blumenthal Chambliss Durbin Begich Brown (OH) Collins cap-and-trade bills, would this have the Blunt Coats Ensign Bennet Cantwell Conrad Boozman Coburn Enzi effect of lowering the greenhouse gases, Bingaman Cardin Coons

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2180 CONGRESSIONAL RECORD — SENATE April 6, 2011 Feinstein Leahy Roberts [Rollcall Vote No. 56 Leg.] along with many others, to sit on a Franken Lee Rockefeller YEAS—57 shelf. Gillibrand Levin Rubio Graham Lieberman Sanders Akaka Franken Merkley So I urge my colleagues to vote in Grassley Lugar Schumer Baucus Gillibrand Mikulski favor of the Coburn-Warner amend- Hagan Manchin Sessions Begich Hagan Murkowski ment. Harkin McCain Shaheen Bennet Harkin Murray Bingaman Hutchison Nelson (NE) The PRESIDING OFFICER. The Sen- Hatch McCaskill Shelby Hoeven McConnell Blumenthal Inouye Nelson (FL) ator from Hawaii. Snowe Hutchison Menendez Boxer Johnson (SD) Pryor Stabenow Mr. INOUYE. Mr. President, since Inhofe Merkley Brown (MA) Kerry Reed 1974, there has been a law on our books Inouye Mikulski Tester Brown (OH) Kirk Reid Isakson Moran Thune Cantwell Klobuchar Rockefeller that does exactly what this amend- Johanns Murkowski Toomey Cardin Kohl Sanders ment proposes to do. It does so without Johnson (SD) Murray Udall (CO) Carper Landrieu Schumer taking away the checks and balances Johnson (WI) Nelson (NE) Udall (NM) Casey Lautenberg Shaheen Kerry Nelson (FL) Vitter Cochran Leahy Stabenow we have in the government. It also does Kirk Paul Warner Collins Levin Tester so in a proper way. It goes through the Klobuchar Portman Webb Conrad Lieberman Udall (NM) Congress of the United States. Kohl Pryor Whitehouse Coons Manchin Webb This is an appropriations matter. So, Durbin McCaskill Whitehouse Kyl Reed Wicker therefore, I hope all of us can vote no Landrieu Reid Wyden Feinstein Menendez Wyden Lautenberg Risch on the Coburn amendment. NAYS—43 The PRESIDING OFFICER. The The PRESIDING OFFICER. On this Alexander Graham Portman question is on agreeing to the amend- vote, the yeas are 100, the nays are Ayotte Grassley Risch ment. zero. Under the previous order requir- Barrasso Hatch Roberts Mr. CONRAD. I ask for the yeas and ing 60 votes for the adoption of the Blunt Hoeven Rubio Boozman Inhofe Sessions nays. amendment, the amendment is agreed Burr Isakson Shelby The PRESIDING OFFICER. Is there a to. Chambliss Johanns Snowe sufficient second? Coats Johnson (WI) Thune AMENDMENT NO. 286 Coburn Kyl There is a sufficient second. Toomey Under the previous order, there is Corker Lee Udall (CO) The clerk will call the roll. Cornyn Lugar now 2 minutes of debate equally di- Vitter The assistant legislative clerk called Crapo McCain vided prior to a vote in relation to DeMint McConnell Warner the roll. Amendment No. 286 offered by the Sen- Ensign Moran Wicker The result was announced—yeas 64, ator from Hawaii, Mr. INOUYE. Enzi Paul nays 36, as follows: Mr. INOUYE. Mr. President, my The PRESIDING OFFICER. On this [Rollcall Vote No. 57 Leg.] amendment addresses the concerns vote, the yeas are 57, the nays are 43. YEAS—64 raised by the Coburn amendment, but Under the previous order requiring 60 Alexander Enzi Moran it does so by using existing authorities votes for the adoption of this amend- Ayotte Graham Murkowski established by the Impoundment Con- ment, the amendment is rejected. Barrasso Grassley Nelson (NE) trol Act of 1974. My amendment accom- Baucus Hagan Nelson (FL) AMENDMENT NO. 273 Begich Hatch plishes the same objectives, but it Paul Under the previous order, there is Bennet Hoeven Portman maintains the proper deference to Con- now 2 minutes of debate equally di- Blumenthal Hutchison Risch gress on matters of appropriations. Blunt Inhofe Roberts vided prior to a vote in relation to Boozman Isakson Rubio The Coburn amendment simply dupli- amendment No. 273 offered by the Sen- Brown (MA) Johanns Sessions cates that existing authority but re- Burr Johnson (WI) ator from Oklahoma, Mr. COBURN. Shaheen moves the checks and balances. I urge Carper Kerry The PRESIDING OFFICER. The ma- Shelby a yes vote on the Inouye amendment Casey Kirk jority leader is recognized. Chambliss Klobuchar Snowe and a no vote on the Coburn amend- Mr. REID. Mr. President, we have Coats Kohl Tester ment. one more vote in this series of votes. Coburn Kyl Thune The PRESIDING OFFICER. Who This will be the last vote tonight. We Collins Lee Toomey Corker Lugar Udall (CO) yields time in opposition? are now going to continue working on Cornyn Manchin Vitter Mr. COBURN. I was looking for Sen- this piece of legislation. People should Crapo McCain Warner ator WARNER in the Chamber. talk to the manager of the bill if they DeMint McCaskill Wicker The PRESIDING OFFICER. The Sen- have other amendments. We have quite Ensign McConnell ator from Virginia. a few we have to work through, but I NAYS—36 Mr. WARNER. Mr. President, I rise think we have had a lot of success Akaka Gillibrand Murray to urge adoption of the Coburn amend- today. Bingaman Harkin Pryor ment. I believe the Coburn amendment Boxer Inouye Reed We are still working on seeing if we Brown (OH) Johnson (SD) Reid actually adds teeth. We have a study can get a budget deal, everybody. I Cantwell Landrieu Rockefeller here of duplicative programs from have a meeting at the White House at Cardin Lautenberg Sanders GAO. We have got to make sure we are, a quarter to 9 tonight with Speaker Cochran Leahy Schumer Conrad Levin Stabenow as we debate closing down the Federal BOEHNER. Coons Lieberman Udall (NM) Government, attacking real programs. The PRESIDING OFFICER. The Sen- Durbin Menendez Webb We ought to be able to save $5 billion ator from Virginia. Feinstein Merkley Whitehouse of administrative duplication within Mr. WARNER. Mr. President, I rise Franken Mikulski Wyden the 82 programs that were given in this to speak in favor of the Coburn-Warner The PRESIDING OFFICER (Mr. BEN- guideline in the GAO report. I would amendment. Refreshing everyone on NET). On this vote, the yeas are 64, the urge adoption of the Coburn amend- the point I made just a couple mo- nays are 36. Under the previous order ment after the Inouye amendment. ments ago, the GAO created a study requiring 60 votes for the adoption of The PRESIDING OFFICER. The that gives us a guidepost of where we this amendment, the amendment is question is on agreeing to the Inouye can start eliminating some of the du- agreed to. amendment. plication and replication in Federal AMENDMENT NOS. 184 AND 217 Mr. LEAHY. Mr. President, I ask for programs. This does not go to the heart Under the previous order, amend- the yeas and nays. of service delivery. It does go to any- ments Nos. 217 and 184 offered by the The PRESIDING OFFICER. Is there a body who has been a Governor or Senator from Oklahoma are agreed to. sufficient second? mayor in this body, who knows you can Mr. GRASSLEY. Mr. President, I There is a sufficient second. find, in moments of tough times, sav- would like to briefly explain my vote The clerk will call the roll. ings at the administrative level. This is in favor of amendment No. 273, offered The bill clerk called the roll. a guideline. If we cannot find $5 billion by Senator COBURN. The amendment The result was announced—yeas 57, in administrative savings from this seeks to save at least $5 billion by con- nays 43, as follows: guidepost, then this study will go, solidating duplicative and overlapping

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2181 government programs. I whole- percent of what we want. That is what I note the absence of a quorum. heartedly support efforts to save tax- this negotiation is all about. That is The PRESIDING OFFICER. The payer money by eliminating waste, why this is a negotiation. It is not a clerk will call the roll. fraud, abuse and inefficiency within winner-take-all situation. The bill clerk proceeded to call the the Federal Government. A congres- Democrats have made tough choices roll. sional responsibility that I take very because we want to get this agreement Mr. CARDIN. Mr. President, I ask seriously is our day to conduct over- finished. We want it completed. We unanimous consent that the order for sight of Federal agencies. want to keep the country running and the quorum call be rescinded. I recognize that Senator COBURN’s keep the momentum in the economy The PRESIDING OFFICER. Without amendment is based on a Government that is now creating jobs. We want to objection, it is so ordered. Accountability Office report to Con- avoid a shutdown and the terrible con- f sequences that would follow. gress which identified programs and GOOD FAITH NEGOTIATIONS initiatives that have duplicative goals The only thing Republicans are try- or activities. The report included 34 ing to avoid is making the tough Mr. CARDIN. Mr. President, I wish to areas where billions of dollars could be choices we need to make. We have been spend a moment or two talking about saved. It included seven areas within more than reasonable. We have been how devastating it would be for our Defense Department programs. It pro- more than fair. We meet them halfway, country and for the people of our coun- poses saving millions by consolidating and they say no. We meet them more try if, in fact, we have a government Federal data centers that today are than halfway, and they still say no. We shutdown. spread across 24 Federal agencies. It meet them all the way, and they still I represent Maryland, and there are a identifies duplication in 44 separate say no. If Republicans were serious lot of Federal workers in Maryland. employment and training programs, about keeping the country running, all They are very concerned because it will which could save millions of dollars. I they would have to do is say yes. affect them. A government shutdown also understand that the blender’s Now we learn House Republicans are will affect everyone in this country. It credit for ethanol was singled out in going to make another excuse, create will affect people who depend upon the report. another diversion, and avoid another their government being there to serve In voting in favor of the amendment, tough choice. Instead of solving the them. I want to make clear that I do not con- crisis the way we should, instead of If you are depending upon a timely sider the ethanol blender’s credit to be saying yes, they say, in fact, what they IRS refund check and the government a duplicative program, nor do I believe are going to do is pass what they will is shut down and you need that money it should simply be eliminated. I would call another short-term stopgap meas- and are counting on it—it is your also like to make clear that the GAO ure. They will say it is short term, but money—you may find out, if the gov- report suggested a number of policy op- what that really means is it is a short ernment is shut down, there is no one tions that Congress could consider cut—a short cut around doing our jobs. to talk to and that check will be de- when revising the tax incentive. My Instead of solving problems, they are layed. colleagues should know that I, along stalling. They are procrastinating. If you are a person who is entitled to with other Members of the Senate, are That is not just bad policy, it is a fan- Social Security disability payments currently working to reform and re- tasy. and you have a case that is pending, structure the tax incentives for eth- We all heard the President of the there will not be people there to re- anol production and consumption. United States say yesterday that he solve that case and you will have to Many of the reforms we are exploring won’t accept anything short of a full wait. That could also very well affect are the same options suggested by the solution. And why should he? We are 6 your ability to literally pay your bills. GAO report. months into the fiscal year now. Presi- If you are doing research at NIH— It is my hope then, that the Senate dent Obama is right. We can’t keep cutting-edge research—which depends will consider thoughtful, constructive funding our great country with one upon the continuity of the work in reforms to the ethanol tax incentive, stopgap after another. The United order to discover the answers to many rather than the proposal put forth by States of America, this great country of the problems we face in health care, Senator COBURN with amendment No. of ours, shouldn’t have to live pay- that will be disrupted if we have a 220 that would end the incentive imme- check to paycheck. We are not going to shutdown of the government. diately. give up. We are going to keep talking The bottom line is, everyone loses if The PRESIDING OFFICER. The ma- and keep trying to find middle ground. we have a shutdown of our govern- jority leader. The Speaker and I will go back to the mental body. The taxpayers lose. Study after study shows that a shut- f White House tonight in 2 hours and 20 minutes to meet with him again to down of the government will actually MORNING BUSINESS continue the conversation we have cost the taxpayers more money. It Mr. REID. Mr. President, I ask unan- been having for weeks with this admin- makes no sense at all. Yet there are imous consent to proceed to a period of istration. some in the House who say: Look, morning business, with Senators per- We know the Republicans are afraid bring on a shutdown. They are not ne- mitted to speak for up to 10 minutes of the tea party. That has been estab- gotiating in good faith. They are say- each. lished. Now it looks as though they are ing it is our way or the highway. Basi- The PRESIDING OFFICER. Without also afraid of making the tough choices cally, they want to shut down the gov- objection, it is so ordered. we have to make. But tough choices ernment. f are what governing is all about. They We need to negotiate in good faith. It are what leadership is all about. It is is not going to be what the Democrats BUDGET NEGOTIATIONS time for my friends in the House of or the Republicans want. That is how Mr. REID. Mr. President, this budget Representatives to stop campaigning the system works. You have to nego- we have spent so much time talking and start governing. tiate in good faith. I know our leaders about is really about making tough And remember what one of the great- are doing that. I urge all of us to un- choices, hard choices, difficult choices. est Speakers of all time said. In fact, derstand the consequences of a shut- The American people understand this. he was Speaker three times. He was down and make sure we take steps to They understand tough choices. They from the State of Kentucky. Henry negotiate in good faith and have a have to make them every day, espe- Clay. He was known as the ‘‘great com- budget agreement completed by Friday cially now with the economy being in promiser.’’ He said that all legislation of this week. the shape it is in. So should their rep- is based on mutual consensus. That is I want my colleagues to understand resentatives in Congress make tough what this is all about. But remember, why people in my State should be very choices. let’s focus on the word ‘‘mutual.’’ It concerned about the budget that passed We are being honest with ourselves takes both of us. the House of Representatives—the Re- over here. We know we can’t get 100 Mr. President, it is time to lead. publican budget. It would hurt children

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2182 CONGRESSIONAL RECORD — SENATE April 6, 2011 on Head Start. In Maryland, 1,795 chil- rely on the use of emergency rooms to sume consideration of S. 493 and set dren who are on Head Start would lose get care, it will be more expensive for aside the pending amendments so that their ability to go to that program. all of us. I may call up the following two amend- You know how important that is. For These short-term so-called budget ments en bloc. They are Cardin amend- students in Maryland, they would find savings will turn into long-term costs ment No. 240 and Snowe amendment that their Pell grants would be reduced for our country. The Republican budget No. 253. by almost $700. Women would be hurt continues to do these domestic discre- The PRESIDING OFFICER. Without by the loss of essential preventive tionary cuts—well beyond what we objection, it is so ordered. health services. Families would be at need as a nation to grow—taking, The clerk will report. risk with the lack of enforcement of again, our most vulnerable, those who The bill clerk read as follows: our regulatory bills that protect us on depend on government, making a col- The Senator from Louisiana [Ms. public health issues. The list goes on. lege education more expensive and de- LANDRIEU] proposes en bloc amendments It has been estimated that 700,000 nying young people the opportunities numbered 240 and 253. jobs would be lost if the House budget they need. The amendments are as follows: became real. That would jeopardize our Guess what is missing in the Repub- AMENDMENT NO. 240 recovery. As you know, we are just lican budget. There is no effort to deal (Purpose: To reinstate the increase in the starting to see job growth. We cer- with the revenue problems of America. surety bond guarantee limits for the Small tainly don’t want to take counter- I say there is a better way to do this, Business Administration) productive steps in that recovery. and there are 64 Senators who have At the end, add the following: As we pointed out many times, the come together and said: Look, we have SEC. lll. SURETY BONDS. budget the House sent over is concen- to deal with our national debt with a (a) MAXIMUM BOND AMOUNT.—Section trating on 12 percent of Federal spend- credible budget plan—a credible budget 411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended ing. We need to broaden this discus- plan that starts with discretionary spending cuts, and we all agree to that. by striking ‘‘(1)’’ and all that follows and in- sion, and we all understand that. It serting the following: ‘‘(1)(A) The Adminis- starts with allowing the political sys- We have to reduce military spending tration may, upon such terms and conditions tem to work and for us to get together and deal with mandatory spending, but as it may prescribe, guarantee and enter into and reach an agreement for the budget we have to also deal with the revenue commitments to guarantee any surety that is already 6 months—we are talk- side. Thirty-two Democrats and 32 Re- against loss resulting from a breach of the ing about the last 6 month’s budget. publican Senators said that. terms of a bid bond, payment bond, perform- In Maryland, if the House budget The Republican budget in the House ance bond, or bonds ancillary thereto, by a doesn’t take us down that path. It is principal on any total work order or con- were to pass, Metro would lose $150 tract amount at the time of bond execution million. This is the Nation’s transit not a credible plan for dealing with the budget deficit that can pass and be en- that does not exceed $5,000,000. system. People would find that if the ‘‘(B) The Administrator may guarantee a transit system can’t operate, the roads acted and give confidence not only to surety under subparagraph (A) for a total will be more congested and it will take the financial markets in America but work order or contract amount that does not a lot longer to commute. around the world and tell the American exceed $10,000,000, if a contracting officer of a My point is this: The House budget— people it puts their interests first. Federal agency certifies that such a guar- the Republican budget—is not going to I want my colleagues to understand antee is necessary.’’. (b) DENIAL OF LIABILITY.—Section 411 of become law. It is not what the Repub- we don’t want to jeopardize the recovery. We want to get our budget into the Small Business Investment Act of 1958 licans want or what the Democrats balance, and we have to get this year’s (15 U.S.C. 694b) is amended— want. We have to come together, and budget behind us. We have to deal with (1) by striking subsection (e) and inserting we are doing that. But let’s not allow a that. President Obama is right when he the following: minority in the House to tell us we are ‘‘(e) REIMBURSEMENT OF SURETY; CONDI- said in the State of the Union Address not going to let the system work for TIONS.—Pursuant to any such guarantee or that we have to beat our competition. the best interests of the American peo- agreement, the Administration shall reim- We have to outeducate, outinnovate burse the surety, as provided in subsection ple. (c) of this section, except that the Adminis- I think, though, we should be very and outbuild them and we have to do it in a fiscally responsible way. We can do tration shall be relieved of liability (in whole concerned about whether this is part of or in part within the discretion of the Ad- a plan with the Republicans, when we that now if we work together and deal with the budget we are currently in, ministration) if— look at their budget for next year, the which ends September 30 of this year, ‘‘(1) the surety obtained such guarantee or 2012 budget, which was released this agreement, or applied for such reimburse- in a fiscally responsible way. Let’s get week. There are disturbing signs as to ment, by fraud or material misrepresenta- this done and move on and work to- what their intentions are. We saw it tion; gether for the sake of our Nation. ‘‘(2) the total contract amount at the time with the budget for this year and now I am convinced that if we work to- we see that continued for their budget of execution of the bond or bonds exceeds gether, we can have a responsible plan $5,000,000; for next year. They literally want to and we certainly should not allow a mi- ‘‘(3) the surety has breached a material turn the Medicare system into a vouch- nority in the House to block a budget term or condition of such guarantee agree- er program, where seniors have to rely resolution for this year, causing the ment; or on private insurance companies. We government shutdown. That is the ‘‘(4) the surety has substantially violated tried that before Medicare. In the early worst case for the American people. the regulations promulgated by the Adminis- 1960s, the number of seniors who could I urge my colleagues to continue to tration pursuant to subsection (d).’’; not get health care insurance was stag- work together so we can keep the gov- (2) by striking subsection (k); and gering. Why? Because private insur- ernment operating, reduce the deficit, (3) by adding after subsection (i) the fol- ance companies are not interested in lowing: and allow America to grow and com- ‘‘(j) DENIAL OF LIABILITY.—For bonds made insuring people who make claims. The pete and meet the challenges of the fu- or executed with the prior approval of the older you are, the more you will make ture. Administration, the Administration shall claims on our health care system. If With that, I yield the floor and sug- not deny liability to a surety based upon ma- seniors are at the mercy of private in- gest the absence of a quorum. terial information that was provided as part surance companies, it will be much The PRESIDING OFFICER. The of the guaranty application.’’. more expensive for them, and they will clerk will call the roll. (c) SIZE STANDARDS.—Section 410 of the not get adequate protection. The bill clerk proceeded to call the Small Business Investment Act of 1958 (15 We should all be concerned about the roll. U.S.C. 694a) is amended— (1) by striking paragraph (9); and budget that was brought out this week. Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order for (2) adding after paragraph (8) the following: The Medicaid system that protects our ‘‘(9) Notwithstanding any other provision most vulnerable, our seniors, who rely, the quorum call be rescinded. The PRESIDING OFFICER. Without of law or any rule, regulation, or order of the in large part, on the Medicare system Administration, for purposes of sections 410, objection, it is so ordered. to deal with long-term care and nurs- 411, and 412 the term ‘small business concern’ ing care—the Republican budget would f means a business concern that meets the size transfer that to the States with a SBIR/STTR REAUTHORIZATION ACT standard for the primary industry in which OF 2011—Continued such business concern, and the affiliates of block grant, making it unlikely to see such business concern, is engaged, as deter- the continuation of the program that is AMENDMENTS NOS. 240 AND 253 mined by the Administrator in accordance critically important, not just to people Ms. LANDRIEU. Mr. President, I ask with the North American Industry Classi- who are vulnerable, but if they have to unanimous consent that the Senate re- fication System.’’.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2183 AMENDMENT NO. 253 I am pleased to tell the chairman munity banks. Part of it is smart pro- (Purpose: To prevent fraud in small business that it has no scores as far as cost. grams such as this. There are some contracting) There is no taxpayer cost involved. government programs that do not (The amendment is printed in the This is a win-win situation to help work. This is not one of them. RECORD of March 28, 2011, under ‘‘Text small businesses get construction I thank our Members for being pa- of Amendments.’’) work, adding to our economy and job tient. We now have the Cardin-Snowe Ms. LANDRIEU. Mr. President, I growth. amendments pending. We will hope- thank Senator CARDIN for his patience I look forward to talking about this fully lock in a time to vote on those and Senator SNOWE as we have worked amendment tomorrow. Hopefully, we and a few others we are considering as up through the last hour or two on will be able to get a vote. I again thank well. their two proposals. Both have to do the Senator for her attention. Tomorrow, hopefully, we will start at with perfecting our contracting pro- Mr. President, I yield the floor. an early hour and will continue to grams. While not specific to the SBIR Ms. LANDRIEU. Mr. President, I work on this important bill. Program and STTR Program, they are wish to speak for 2 minutes in general f very relevant to the work we do on the wrapup. There may be other Senators Small Business Committee. coming to the floor. I am hopeful we MORNING BUSINESS I appreciate all the Members who al- can lock in a time to vote on Cardin Ms. LANDRIEU. Mr. President, I ask lowed these two amendments to go for- amendment No. 240 and the Snowe unanimous consent that the Senate ward. They are pending and hopefully amendment No. 253. There are other proceed to a period for the transaction tomorrow we can get some agreement amendments, a few amendments that of morning business, with Senators on some additional votes. We have had are pending. Many others have been permitted to speak therein for up to 10 a very busy day today on the under- filed. The Senators are working to- minutes each. lying bill, the SBIR bill. We voted on gether to see what kind of accommoda- The PRESIDING OFFICER. Without seven amendments. We had heated dis- tions we can make. objection, it is so ordered. cussions on issues that are not related Again I remind everyone, while we Ms. LANDRIEU. Mr. President, I to this bill but are very important to are working hard behind the scenes in yield the floor. this body. many rooms and meetings today to try f I thank the Senators for working in to keep our government open and oper- good faith as we try to move through ating while reducing spending where INTERCHANGE FEE REFORM the many amendments that have been we can in an effective and a smart and Mr. DURBIN. Mr. President, I con- filed, most of which are not germane to constructive way, I remind our Sen- tinue to receive letters weighing in on the issue at hand but are important to ators how important this bill is be- the issue of interchange fee reform. I be discussed on the floor of the Senate cause it will be reauthorizing a pro- ask unanimous consent to have printed and in Congress. gram that actually creates jobs in in the RECORD letters or statements I thank particularly Senator CARDIN. I notice he is on the floor. He may America by the small businesses that from the following organizations: the want to say a word now about his are represented on all of our Main Rainbow PUSH Coalition, the Main amendment briefly. I commit to the Streets in our States and our commu- Street Alliance, Consumer Federation Senator that we will discuss his nities. of America, and the National Black This is the Federal Government’s amendment and Senator SNOWE’s Church Initiative. amendment as soon as we can tomor- largest program for research and devel- There being no objection, the mate- row. opment. We do not believe that only rial was ordered to be printed in the I yield the floor. big business, only international cor- RECORD, as follows: The PRESIDING OFFICER. The Sen- porations have the best technology, the APRIL 1, 2011. ator from Maryland. best approaches, or the best methods. DEAR SENATOR: The Rainbow PUSH Coali- Mr. CARDIN. Mr. President, I thank We actually believe there are small tion expresses its views on the Durbin swipe Senator LANDRIEU for her extraor- businesses, some quite tiny, just one fee reform amendment now being debated in dinary work and patience. She gives us scientist and an assistant who can the Congress. Rainbow PUSH is a strong ad- credit. We give her credit for patience come up with cutting-edge technology, vocate of the Dodd-Frank financial reform an engineer or an assistant, or a doctor legislation which provides critical consumer in the manner this legislation has been protections and safeguards against predatory considered. and an assistant, who can come up with lending. This bill is very important not just cutting-edge technologies that can The Durbin swipe fee reform amendment to the small business community but cure a disease of the time or create a should be implemented as scheduled. It will to our economy. We are talking about new mechanical system or technology usher in needed reform to bring competition, providing the wherewithal for innova- system that helps not only our Federal transparency and choice to the interchange tion in America. Small businesses will agencies to cut spending, operate more system, and provide incentives for the retail produce the largest amount of innova- efficiently, but can be commercialized sector to pass on interchange savings to tion in this country and the largest job in a way that creates manufacturing lower the price of products for consumers. Numerous consumer rights organizations, growth. This bill gives them some de- jobs and service jobs in America. civil rights groups, universities, unions, and gree of predictability on getting the There are many ways to get to a bal- other constituencies have weighed in to sup- types of resources so they can inno- anced budget. We have heard a lot port swipe fee reform. vate. about cutting spending. Yes, we need We respect the concerns that some groups I do applaud the Senator. I am proud to do that. But we also need to create have raised about the provision, but are un- to be part of the committee. This has jobs which generate income to close convinced that a delay in its implementation been a very bipartisan bill. I thank her. that budget gap. If we can get a more as proposed by Sen. Tester and the American I thank her for accommodating the robust economy underway, this pro- Banking Association (representing the finan- amendment that she was helpful in get- cial services industry) will be beneficial to gram most certainly is one of the ones. consumers and students, and small busi- ting passed initially, along with Sen- I am proud of the new economic data nesses. It appears that their interest is to ator SNOWE, that increases the size of that has come out. We are not where maintain a deregulated environment to con- surety bonds from $2 million to $5 mil- we need to be. Unemployment is still tinue the virtual monopoly status of the lion, which makes a difference for a too high, but it is coming down. We are credit card transaction process, and to pro- small construction company getting not creating enough jobs, but we are tect their massive profits derived from debit government procurement. It is criti- creating more and more every month. interchange fees. cally important. It has worked much In large measure, it is because of some Deregulation, greed and lack of congres- more successfully than we thought of the work our Committee on Small sional oversight led to the most severe economic collapse since the great depression. when we first put the increase into ef- Business has done, both in the stimulus But Wall Street got billions in public funds fect. We actually had a lot more con- package and in our last small business because they were deemed too big to fail— tracts than we thought when we origi- bill opening up lending, getting credit they’ve been bailed out and are once again nally suggested this. lines started in partnership with com- recording record profits and issuing millions

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2184 CONGRESSIONAL RECORD — SENATE April 6, 2011 in executive bonuses, while homeowners and tional. This provision is an important step The Federal Reserve should ensure that fi- working families are still left out. The big toward putting small businesses back on sta- nancial institutions are reimbursed for le- banks are already charging consumers high- ble footing by limiting burdensome fees on gitimate, incremental debit card costs as it er interest rates and raising consumer fees small businesses when we process debit finalizes rules that implement the new inter- to record levels in virtually every dimension transactions. change requirements. In particular, the Fed- of banking and credit card use. We stand Small businesses have faced ever-rising eral Reserve should increase proposed inter- ready to meet with all concerned to ensure fees on debit card transactions over the change price standards as allowed under law the implementation of a sustainable debit years. For some businesses, these inter- to include several specific expenses incurred card system going forward. change fees have grown to the point that by financial institutions when processing The Durbin credit card swipe fee amend- they represent some of the highest operating debit card transactions. If such compensa- ment will afford the protections and regula- costs, rivaling the costs of labor and utili- tion does not occur, these institutions could tions that consumers need. ties. There is no such thing as fair competi- increase debit card and other related bank- Sincerely, tion in this market: the card companies have ing charges on their least desirable and most REVEREND JESSE L. JACKSON, SR., a duopoly. Limiting fees to twelve cents per financially vulnerable consumers: low-to- President and Founder, transaction, as proposed in new rules, will moderate income account holders. Rainbow PUSH Coalition. free small businesses from disproportionate Once it is implemented, the Federal Re- and burdensome costs, allowing economic serve should pay close attention to how it af- MARCH 31, 2011. growth. fects the financial viability of small deposi- Senator DICK DURBIN, The new rules are a step forward, a step to- tory institutions, especially credit unions, Assistant Majority Leader, Hart Senate Bldg., ward parity and a reasonable balance. We which often provide safe, lower-cost finan- Washington, DC. ask that these rules not be delayed further. cial services to millions of Americans. DEAR SENATOR DURBIN: We write to express Implementing them as planned this summer The Federal Reserve should launch a the National Black Church Initiative’s con- will provide a shot in the arm for small busi- broad, balanced study upon implementation tinued support for the Durbin swipe fee nesses and our local economies. Small busi- of the effects of the rule on consumers. amendment which we supported and was in- nesses are better off with these protections; f cluded in the Dodd-Frank Wall Street Re- we urge you not to allow the lobbying tac- form and Consumer Protection Act. The cur- tics of the big banks deter the enactment of CONGRATULATION TEXAS A&M rent interchange system is uncompetitive, rules that protect small business. LADY AGGIES non-transparent and harmful to consumers. The country is counting on small busi- It is simply unjust to require less affluent nesses to serve as an engine of economic re- Mrs. HUTCHISON. Mr. President, Americans who do not participate in or ben- covery and create the jobs we need to get something happened last night, and I efit from the payment card or banking sys- people back to work across America. The feel compelled to say on the floor of tem to pay for excessive debit interchange debit interchange provisions enacted in the the Senate that I am very proud of the fees that are passed through to the costs of financial overhaul last year and codified in goods and services. As a result, NBCI does Texas Aggies women who won the the new rules support these aims. We urge NCAA national basketball champion- not support Congressional delay of imple- you to fight efforts to delay or derail the im- mentation of the new law. plementation of these rules. ship. As you may know, The National Black Mike Craighill, Soup and Such, Billings, It is so important, I want to say a Church Initiative (NBCI) is a faith-based co- MT; Garry Owen Ault, All Makes Vacu- couple of words about that, because alition of 34,000 churches comprised of 15 de- um, Boise, ID; Nancie Koerber, Cham- this is the first national championship nominations and 15.7 million African Ameri- pions Real Time Training, Central that the Lady Aggies have ever won. It cans committed to eradicating racial dis- Point, OR; David Borris, Hel’s Kitchen was a great game last night. I certainly parities and improving the lives of African Catering, Northbrook, IL; Carson Americans nationwide. congratulate the Notre Dame Fighting Lynch, Gorham Grind, Gorham, ME; Irish as well. But the Texas Aggies We oppose efforts to delay implementation Tammy Rostov, Rostov’s Coffee & Tea, of the Durbin amendment through Congres- Richmond, VA. played with spirit. They came from be- sional action. The new law gives the Federal Kelly Conklin, Foley-Waite Associates, hind at the half, and 76 to 70, they de- Reserve adequate authority it can use with- Bloomfield, NJ; Melanie Collins, feated Notre Dame. out delay to make sure that the debit inter- Melanie’s Home Childcare, Falmouth, I congratulate the Texas Aggie la- change reimbursement financial institutions ME; Rashonda Young, Alpha Express, receive covers their legitimate, incremental dies, but I also want to say that Texas Inc., Waterloo, IA; Jose Gozalez, Tu A&M’s coach, Gary Blair, became the costs for providing debit card services. We Casa Real Estate, Salem, OR; Rosario know that there are banks, like BB&T for oldest coach to ever win a national Reyes, Las Americas Business Center, women’s championship. He has turned example, who would like to delay this proc- Lynnwood, WA. ess. Their continued profit off the backs of the Lady Aggies basketball team into low income African Americans will no longer CONSUMER FEDERATION OF AMERICA, this national championship team. be tolerated and we will continue to advo- Washington, DC. I mention Danielle Adams. Her All cate on behalf of laws that support our agen- American performance last night was da. POSITION OF THE CONSUMER FEDERATION OF From a consumer point of view, the cur- AMERICA ON DEBIT CARD ‘‘INTERCHANGE’’ incredible. It is a great day. I am a rent interchange system is not defensible. FEE LEGISLATION AND RULES Texas Longhorn, and most days I am Feeble competition in the payment card NO POSITION ON DEBIT INTERCHANGE LAW OR ON for all of our Texas teams, and I love to marketplace has led to unjustifiably high LEGISLATION TO DELAY IT say ‘‘Gig ‘Em Aggies.’’ There is one day debit interchange fees that the poorest CFA did not take a position on the ‘‘Dur- that I cannot say that. That is Thanks- Americans, generally cash customers, are re- bin Amendment’’ to the Dodd-Frank Wall giving Day. But 364 days a year, I am quired to subsidize at the store and at the Street Reform and Consumer Protection Act all for the Aggies when they are play- pump. and has also not supported or opposed legis- Thank you for your consideration of our ing. And when they played like they lation introduced in Congress to delay the did last night in any sport, all America views. Please contact us directly to discuss interchange law. these important issues. should recognize it. Sincerely, FEDERAL RESERVE SHOULD ALTER PROPOSED With that, I wish to say that my col- RULE IMPLEMENTING DEBIT INTERCHANGE LAW REV. ANTHONY EVANS, league Senator CORNYN and I are going President, National Black Church Initiative. CFA filed comments with the Federal Re- to ask unanimous consent to offer a serve in February (http:// resolution congratulating the Lady www.consumerfed.org/pdfs/debit-cards-FRB- MARCH 31, 2011. Aggies of Texas A&M on winning the To: U.S. Senators and Representatives. interchange-rule-comments–2–22–11.pdf) that Re Main Street Alliance support for imple- came to the following conclusions: 2011 National Collegiate Athletic Asso- menting debit interchange protections The current interchange system is uncom- ciation women’s basketball champion- for small businesses in the Restoring petitive, non-transparent and harmful to ship. American Financial Stability Act of 2010. consumers. Feeble competition in the pay- Mr. CORNYN. Mr. President, con- DEAR SENATOR DURBIN: The Main Street ment card marketplace has led to gratulations to the Texas A&M Wom- Alliance, a national network of small busi- unjustifiably high debit interchange fees en’s Basketball team for their NCAA ness coalitions representing small business that the poorest Americans are required to Women’s Division I Basketball Cham- owners across America, writes to express our subsidize. It is simply unjust to require less strong support for the provision of the Re- affluent Americans who do not participate in pionship victory against Notre Dame. storing American Financial Stability Act of or benefit from the payment card system to The game was an exciting and hard 2010 that set out to ensure that debit card pay excessive fees that are passed through to fought victory, and a fitting end to a interchange fees are reasonable and propor- the cost of goods and services. championship season.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2185 Thanks to the Aggies’s hard work, place!’’ After each game, the Lady Aggies Just being in the NCAA championship was determination and tireless work ethic, didn’t head to the locker rooms to rest after enough, almost, for most Aggie fans. It was they have finished out the 2010–2011 a hard-fought game right away. Instead, an unprecedented thrill to think that this they would come up into the stands and year’s team had the perfect combination of season with a strong 33–5 record, sec- thank people for coming. Week after week, talent, strategy, coaching staff, and the ond place finish in the Big 12 Con- game by game, it simply mystified the Aggie hearts and minds of players who refused to ference and a National Championship faithful in attendance as to ‘‘what are they let go of one goal, and one goal only: Vic- title. thinking’’ about why the TAMU Athletic tory. Getting that W. The girls studied in I salute head coach Gary Blair for Ticket office wasn’t being pushed for ticket buses, on planes, at 2 a.m. when the rest of coaching the Aggies to their first sales. Every game the Lady Aggies gained Aggieland was fast asleep. The Lady Aggies NCAA Women’s Division I Basketball style, grace, accuracy, and stature and yet, knew how important it was to stay true to the only crowds of Aggies lined up to camp the title ‘‘student-athletes’’. Championship after 38 years of helping out for ticket-pulls for student tickets were On March 20th in Shreveport, the young women compete and reach their for the men’s games. CenturyTel Center still had plenty of room full potential. Associate head coaches They didn’t know what they were missing, in the stands for Aggie fans, but the faithful Vic Schaefer and Kelly Bond, and as- the ones who weren’t there. They were miss- alumni, friends, and fans of the Lady Aggies sistant coach Johnnie Harris also ing the faithful Aggie Yell Leaders leading made the pilgrimage with joy and great ex- worked to lead the team to this fine the crowd, the Hullaballoo band doing a ren- pectation to watch them defeat McNeese dition of ‘‘Sweet Caroline’’ that would make achievement. And the Lady Aggies’s State by the score of 87 to 47. The crowd re- Neil Diamond proud, and the crowd respond- action was joyful, and yet people were just success would be incomplete without ing, ‘‘Aggies Ball!’’ every time PA announcer thrilled to be there, not thinking much great athletes such as MVP and All- Mark Edwards would identify ball possession about the next game to come against Rut- American, Danielle Adams and her for the team. Mike Wright and Tap Bentz, gers. When the Lady Aggies made short work teammates: Kelsey Assarian, Maryann with their radio play-by-play, kept those in of Rutgers with a score of 70 to 48, the Aggie Baker, Kristi Bellock, Kelsey Bone, touch who couldn’t get there in person, and family was again surprised, if not thrilled, to Sydney Carter, Skylar Collins, Sydney local TV KBTX did their best to show high- be going to the Sweet 16, at last. lights. And yet, the second deck of Reed was Advancing to the NCAA 3rd round on Colson, Adaora Elonu, Karla Gilbert, filled only once, when Baylor came calling. March 27th, again, Aggie fans picked up Kristen Grant, Adrienne Pratcher, With a solid loss at the hands of the Greiner- numbers, if not their speed, as they gassed Catherine Snow, Tyra White, and Mulkey-driven offense, those who’d come to up their cars and planes for the short hop to Cierra Windham. see the game left, and some didn’t come Dallas, to the American Airlines center to Today, it is my honor to join with back. That didn’t faze the Lady Aggies or watch their team face Georgia’s Lady Bull- the entire Texas A&M University fam- the coaching staff. dogs. Georgia was at first an ‘unknown quan- As part of Coach Blair’s and Coach Schae- tity with potential and power,’ but the Lady ily and the State of Texas to honor the fer’s mandate, the Lady Aggies participate Aggies. This team has learned what it Aggies came to play, making short work of in a multitude of community charity events. their solid opponent, 79 to 38, in a game that takes to become national leaders. The One night last October, the starting players looked much like a 3-point shooting clinic. experience that each of these athletes and waiting-in-line players crowded into a The work of the Big D, defense, proved to be has gained in this endeavor is invalu- Double Dave’s to participate in a pepperoni- a powerful force meeting an immovable ob- able, and it will surely lead to future roll making contest against the men’s team, ject. success in life. and then stayed to visit with the crowd, Not only was Tuesday, March 29th the oc- The following article written by thank them for coming out to support them, casion of the 4th round of the NCAA finals, by contributing to United Way, and once that Elite 8 night, it marked the 4th Dawn Lee Wakefield for the Exam- again, they went home to study. They’re matchup between Texas A&M and the highly iner.com describes Coach Blair’s and some of the hardest-working kids in town, advertised Baylor Bears. Three times, the the Aggies’s persistent and positive ap- and yet the words ‘‘national champions’’ Aggies had met them; three times they had proach to the game and this exciting were never spoken, or expected by those who fallen, as hard as Kim Mulkey’s snakeskin championship series: loved them ‘anyway’. jacket hit the ground in disgust one night It is surreal to some to think that, the [From the Texas A&M University Arts when she didn’t like the referee calls. newly crowned national champions, Texas Although 11,000+ fans crowded into Dallas’ Examiner, Apr. 6, 2011] Aggie Women’s Basketball, has for years re- American Airlines Center to watch ‘‘The 4th TEXAS A&M WOMEN’S BASKETBALL, NCAA mained the best kept secret on campus. time’s (hopefully) a Charm’’ matchup, the CHAMPIONS WIN IT FOR THE AGGIE FAMILY Until tonight. gold and green far outweighed the maroon (By Dawn Lee Wakefield) Throughout the NCAA championship se- and white in the seats. And yet, the Aggies ries, the Lady Aggie basketball team over- BRYAN-COLLEGE STATION.—Texas A&M gathered, the faithful, were loud, proud, and came naysayers, doubters, and brutal phys- University sports fans around the world cele- the happiest people in the state of Texas ical competition in the most exciting display brated another important first tonight, their with a victory that was hard fought, in a of Aggie spirit shown in years. They did it by very first NCAA Women’s Basketball Cham- night where the Lady Aggies refused, again, creating a sense of family, with whomever pionship. For almost as long as TAMU to give in to negative expectations. Instead, embraced their love of basketball, the coach- Women have been competing in NCAA ath- they focused mentally on the ‘‘+’’ sign that ing staff, and Texas A&M University. Never letic competition, the road has been long, Coach Blair draws on the back of his left was the spirit of Aggieland greater than hand, self-created to remind him to stay and the ability to gain respect for the team after each game, seeing President Loftin has been tough. A real battleground in fact. positive throughout the game. (easily recognizable in his signature bow tie) ‘‘They’re kids, 18–22, and this is just a Even as recently as four months ago, you in the middle of a long line of Aggies, ‘‘saw- game’’ as he announced as a reminder to all couldn’t get a crowd into Reed Arena to see ing varsity’s horns off’’ as they sang the that sports were about sportsmen and sports- the Lady Aggies play basketball. But that Texas Aggie fight song after each victory. women, in the spirit of competition. Lessons all changed tonight, in 40 short minutes of Local business sponsors paid countless thou- well taught. Lessons well learned. Every play, in the heart of Indianapolis, Indiana, sands of dollars to create ‘‘jewelry cam’’, after-game interview, you’d hear one word seen around the world on ESPN. ‘‘kiss cam’’, ‘‘know your Aggie players— above the rest. ‘‘TEAM’’. No stars, even On-campus support for TAMU Athletic what’s on their iPod’’, ‘‘the berney cam’’ and among the player of the game. It was ‘‘my teams, by the Aggie student body is leg- flying blimps to make each game an event, team, our team, this team’’. The class pos- endary, for that trademarked 12th Man Spir- an exciting event, and share the love of fam- sessed by the Lady Aggies spoke for itself, it. Even more in the forefront of all sports is ily Aggie basketball style. loud and clear. the 12th Man Foundation (formerly the The prelude to the national championship The chant went up, ‘‘Final Four, Final Aggie Club), whose mission it is to garner was nothing short of high-octane spectac- Four’’ after the Lady Aggies stunned Baylor, funds and endowments by which to support ular. Almost 500 Aggie fans waited in the 58 to 46. The Aggie faithful didn’t want to Texas A&M Athletics. And yet, it was not all basement of Reed Arena in the Aggie prac- leave the American Airlines center as they that long ago that a few hundred stalwart tice room 3 weeks ago, to find out what the stood and swayed to the Aggie war hymn, fans would arrive at Reed Arena (there was NCAA draw would be, and where they were and watched each member of the team, the no charge to park as in men’s games, because to begin their journey to the Sweet Sixteen. yell leaders, Lady Aggie Dance Team, they really didn’t expect much of a crowd), When the announcement came on ESPN, Hullaballoo band, staff, and the sports an- that Coach Blair himself would walk up and ‘‘Shreveport’’, the cheers were deafening as nouncers each cut down a piece of the win- down the steps of Reed Arena, carrying bags Aggie fans knew they were within driving ning game net. Coach Blair thanked every- of candy, tossing them to fans and thanking distance to watch the first, and hopefully one for coming and encouraged people who them for coming. second, round of play as the bracket opened, could to make that trip to Indianapolis to Never one to be subtle, Coach Blair would and the race was on, the only goal at the root on their team in the Final Four. work the crowd by saying, ‘‘bring a friend time, to make the Sweet 16, out of the Su- Outside the arena in the hallways of the next time, bring two friends; let’s fill this perb 64. American Airlines center, Aggie faithful

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2186 CONGRESSIONAL RECORD — SENATE April 6, 2011 made new friends among those who’d lin- Texas A&M Women’s basketball. History was proliferation programs. These cuts gered to absorb the joy of the Elite Eight to made. would endanger programs that have re- Throughout the NCAA series the team: Final Four pathway. With tears in their eyes moved a total of 120 bombs’ worth of and joy shining from their countenance, MVP Danielle Adams, Tyra White, Sydney three women introduced themselves to the Carter, Sydney Colson, Adora Elonu, highly enriched uranium, HEU, and nu- BCS fans, saying ‘‘that’s our Coach, that’s Maryann Baker, Adrienne Pratcher, Kelsey clear material from six countries since our Coach’’ about Blair. Turns out they’d Assarian, Karla Gilbert, Kristi Bellock—bat- April 2009. This past November, enough been his players at South Oak Cliff High tered, bruised, in visible pain, tossed and HEU to make 775 nuclear weapons was School. And, true to form, Coach Blair had slammed onto the floors of field houses, are- removed from Kazakhstan. I would mentioned each and every team he’d been a nas, and stadiums, play after play, time after part of in his thank-you speech following the time, just got back up and showed America consider these outcomes an under- game. A man who’s never forgotten who what it meant to be a proud ‘Fightin’ Texas reported, yet remarkable success. I brung him to the dance, was now ‘‘going to Aggie’. question why such highly effective pro- the dance’’ in Indianapolis. ‘‘Some may boast of prowess bold, of the grams, vital to our national security Though the distance was longer, those who school they think so grand, but there’s a interests, were targeted in the first could afford the charter planes, the buses, or spirit that’s ne’er been told. It’s the Spirit of the time and gas to drive made their plans to Aggieland. We are the Aggies, the Aggies are place. attend the Final Four in Indianapolis. The We, true to each other as Aggies can be. I would contend that should a ter- Final Four was in store, and all eyes were We’ve got to fight boys (old traditions die rorist set off a nuclear or radiological only on the prize of eliminating the Stanford hard), we’ve got to fight, we’ve got to fight explosion, the physical, psychological Cardinal. No other goal was announced. for maroon and white. After they’ve boosted Stanford was considered in the same light as all the rest, they will come and join the best, and economic consequences would far the Aggies. A number 2 seed. Overlooked. for we are the Aggies, the Aggies are we. exceed the money saved by these short- Relegated to the category of ‘‘nice, but not a We’re from Texas AMC’’. The words to the sighted cuts. contender’’. school song never sounded sweeter as they The Congressional Commission on How wrong the rankings can be in pre- did to those who witnessed history in the dicting who is the champion of the day. The making, in a fieldhouse in Indianapolis. the Strategic Posture of the United oft-used expression, ‘‘any given day’’ was Wednesday, April 6th at 2 p.m., history will States stated that ‘‘the surest way to never more true than when the Lady Aggies be made once again. The Lady Aggies will be prevent nuclear terrorism is to deny went back to work, and walked out of at Reed Arena to be greeted by their Texas acquisitions of nuclear weapons or Conseco Field House with a 63 to 62 win, Aggie family, the Aggie Nation, and at last fissile material,’’ and that the United thanks to Sydney Colson’s pass to Tyra their time has come. Word to the wise: get White for the layup, and 39 minutes and 45 there early if you’re going. For the first time States should ‘‘accelerate’’ not decel- seconds of defense, defense, defense, and the in the history of Women’s basketball, there’s erate the process of securing nuclear hot shooting arms of every player who made going to be a parking problem to welcome material. In the Commission’s opinion their play a key’ play. Fans were stunned. It home the champions. this should be ‘‘the top priority’’ for seemed too good to be true. The Lady Aggies have brought honor, dig- the United States, especially in light of The Championship game was in sight, and nity, and joy to those who call TAMU their al-Qaida’s expressed desire to obtain the Championship title was at stake. Could team. Sunday night, TV audiences were it be, that same team, who 16 short weeks treated to a one-shot of a little fellow hold- nuclear material or weapons. ago couldn’t find a crowd had emerged as a ing up a cardboard sign saying, ‘‘Coach Blair H.R. 1 cuts more than $600 million national powerhouse, a force to be reckoned is my hero’’. That went viral across from the Global Threat Reduction Ini- with, was now the darling of ESPN up-close Facebook and Twitter. Turns out, it was the interviews, sound bytes by Blair, and the coach’s grandson, Logan. His sign tonight, tiative, which seeks to secure nuclear contemplation of Vic Schaefer’s ‘drawing shown to the nation, said, ‘‘after we win material before it ends up in terrorist board’ where he’d drive that defense to excel- Coach Blair is taking me to Disneyland’’. hands. These program cuts are not only lence each and every game of the way. Blair That only seems fair, as Coach Blair took irresponsible, they are negligent. and Schaefer, together with Associate Head Aggies everywhere to the top of the college Coach Kelly Bond and Assistant Head Coach, sports world tonight. And it was the ride of Nonproliferation programs are a vital Johnnie Harris, are not to be overlooked. a lifetime, and sheer joy every minute of part of our Nation’s security and Team. Family. United. Aggies. Spirit per- every game of every season. Gig em, Aggies, should be treated as such. This view is sonified filled each player with a sense of for tonight you are indeed the NCAA Cham- shared by former Presidents and na- family such that even the motto printed on pions. tional security experts and has been in- the tickets at the beginning of the season f read, ‘‘This is Home’’. cluded in our National Security Strat- So, tonight, as Texas A&M set out to prove NONPROLIFERATION BUDGET egy that was developed by various their worth outside the walls of their home- agencies, including the Departments of town, they were taking on a first-class team Mr. CASEY. Mr. President, I rise today to discuss the proposed cuts to Defense, State and Energy, as well as with a second-tier rating in Notre Dame. It the National Security Council. In a was the Fighting Texas Aggies vs. the Fight- nuclear nonproliferation programs in ing Irish. How appropriate. For 40 minutes of the continuing resolution, which I be- July 14, 2010 letter to the chairman and regulation play, all these players did was lieve seriously endangers our Nation’s ranking member of the Senate Foreign fight, not against each other as much as security. When the Senate was pre- Relations Committee, former Sec- against misperceptions, being overlooked, sented with H.R. 1, the House’s fiscal retary of State George Shultz and disregarded, and essentially underappre- year 2011 appropriations bill, we all former Chair of the Senate Armed ciated as the true champions each team Services Committee Sam Nunn wrote came to be realized before the game started. knew that sacrifices were needed. We Aggie fans throughout the Brazos Valley knew that we needed to examine pro- that they ‘‘believe the threat of nu- jammed the restaurants, bars, and homes of grams and determine which were bro- clear terrorism remains urgent, fueled their friends, anywhere there was a TV pow- ken, which were redundant, and which by the spread of nuclear weapons, ma- ered ‘on’, it was tuned to ESPN from 6 p.m. needed to be eliminated. Likewise, we terials and technology around the central until at least midnight, as the Wom- also had a responsibility to determine world.’’ They further concluded that it en’s Basketball team pulled out all the stops which programs worked and provided on offense and defense. ‘‘is absolutely essential’’ for the United With a ‘‘never-say-die’’ spirit, the can-do positive returns on investments for our States and Russia to lead these efforts. Aggies, led by America’s favorite new coach, security and economic stability. I would assert that the National Nu- I urge my colleagues today for their Gary Blair, and King of Defense, Vic Schae- support in ensuring that we do all we fer, let loose and held forth as the Aggies clear Security Administration’s, pulled out a 76–70 victory that still seems NNSA, nonproliferation programs fall can to limit the ability of terrorists to unreal, unless you saw it yourself. Never. into this category. For the past decade, get their hands on fissile material. We Say. Die. The Lady Aggies, per Coach Blair’s one threat has dominated our national all recognize and have referred to this pre-game speech, stayed on the bus, to come security agenda: the threat of a nu- threat. And now we have an oppor- out winners. Said Blair, ‘‘if you don’t plan on clear weapon in the hands of a ter- tunity to do something about it. Nu- winning tonight, then get off the bus. clear proliferation is a top concern and There’s only one thing that counts. Win- rorist. ning’’. Taking his words to heed, each team Yet when H.R. 1 passed in February, we as a nation can effectively lead the member committed to that outcome, and the House proposed a 24-percent cut to world in nuclear security and decrease emerged the first national champions in the President’s request for NNSA non- the threat posed by nuclear terrorism.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2187 ADDITIONAL STATEMENTS States submitting sundry nominations BENNET, Mr. CARDIN, Mr. KERRY, Mr. which were referred to the appropriate MENENDEZ, Mr. MERKLEY, Mr. SAND- committees. ERS, Mr. WHITEHOUSE, and Ms. FREDDIE AND ERNEST TAVARES KLOBUCHAR): (The nominations received today are S. 741. A bill to amend the Public Utility ∑ Mr. AKAKA. Mr. President, I con- printed at the end of the Senate pro- Regulatory Policies Act of 1978 to establish a gratulate Hawaiian music legends ceedings.) renewable electricity standard, and for other Frederick ‘‘Freddie’’ and Ernest f purposes; to the Committee on Energy and Natural Resources. Tavares for receiving the Lifetime MESSAGE FROM THE HOUSE Achievement Award from the Hawaii By Mr. BROWN of Ohio: ENROLLED BILL SIGNED S. 742. A bill to amend chapters 83 and 84 of Academy of Recording Arts in recogni- title 5, United States Code, to set the age at tion of their contributions to the music At 10:09 a.m., a message from the House of Representatives, delivered by which Members of Congress are eligible for industry. an annuity to the same age as the retire- Born and raised on the island of Mr. Novotny, one of its reading clerks, ment age under the Social Security Act; to Maui, Freddie and Ernest Tavares ex- announced that the Speaker has signed the Committee on Homeland Security and hibited musical talent at an early age. the following enrolled bill: Governmental Affairs. Both men enjoyed long careers in H.R. 4. An act to repeal the expansion of By Mr. AKAKA (for himself, Ms. COL- LINS, Mr. GRASSLEY, Mr. LIEBERMAN, music and played important roles in information reporting requirements for payments of $600 or more to corporations, and Mr. LEVIN, Mr. CARPER, Mr. LEAHY, popularizing Hawaiian music across for other purposes. Mr. HARKIN, Mr. PRYOR, Ms. the United States. The enrolled bill was subsequently LANDRIEU, Mrs. MCCASKILL, Mr. As a musician, Ernest did it all. He TESTER, Mr. BEGICH, and Mr. CARDIN): signed by the President pro tempore was a singer-songwriter, arranger, and S. 743. A bill to amend chapter 23 of title 5, (Mr. INOUYE). inventor. His innovations led to the United States Code, to clarify the disclosures creation of the modern pedal steel gui- f of information protected from prohibited personnel practices, require a statement in tar, which he played with the Harry INTRODUCTION OF BILLS AND nondisclosure policies, forms, and agree- Owens Royal Hawaiian Orchestra, Paul JOINT RESOLUTIONS ments that such policies, forms, and agree- Page’s South Sea Serenade, and T. The following bills and joint resolu- ments conform with certain disclosure pro- Texas Tyler & His Western Dance tions were introduced, read the first tections, provide certain authority for the Band. He also played the electric bass, and second times by unanimous con- Special Counsel, and for other purposes; to the Committee on Homeland Security and ukulele, flute, clarinet, saxophone, sent, and referred as indicated: piano, and Hawaiian & Tahitian drums. Governmental Affairs. By Ms. STABENOW: Freddie Tavares, Ernest’s younger By Mr. CARDIN (for himself, Mrs. S. 734. A bill to provide for a program of re- FEINSTEIN, Mr. LIEBERMAN, and Mr. brother, shared this love of music and search, development, demonstration, and KERRY): innovation. Collaborating with guitar commercial application in vehicle tech- S. 744. A bill to authorize certain Depart- legend Leo Fender, Freddie played an nologies at the Department of Education; to ment of State personnel, who are responsible important role in designing the Fender the Committee on Energy and Natural Re- for examining and processing United States Stratocaster, a guitar that is the sources. passport applications, to access relevant in- standard for many rock musicians. His By Mr. KERRY: formation in Federal, State, and other S. 735. A bill to reauthorize the Belarus De- records and databases, for the purpose of work and dedication earned him induc- mocracy Act of 2004; to the Committee on tion into the Steel Guitar Hall of Fame verifying the identity of a passport applicant Foreign Relations. and detecting passport fraud, and for other and the Fender Hall of Fame. Freddie By Mr. BROWN of Ohio: purposes; to the Committee on the Judici- also performed with many notable art- S. 736. A bill to improve the Fugitive Safe ary. ists, such as Bing Crosby, Elvis Pres- Surrender Program; to the Committee on the By Mr. SCHUMER: ley, Dean Martin, the Andrews Sisters, Judiciary. S. 745. A bill to amend title 38, United and Henry Mancini. By Mr. MORAN (for himself and Mr. States Code, to protect certain veterans who Throughout their musical careers, CRAPO): would otherwise be subject to a reduction in S. 737. A bill to replace the Director of the Freddie and Ernest Tavares performed educational assistance benefits, and for Bureau of Consumer Financial Protection other purposes; to the Committee on Vet- in many record albums and movie with a 5-person Commission, to bring the Bu- erans’ Affairs. soundtracks. Both brothers also col- reau into the regular appropriations process, By Mr. SHELBY (for himself, Mr. laborated in numerous performances and for other purposes; to the Committee on DEMINT, Mr. ALEXANDER, Mr. and shows. Their many talents and in- Banking, Housing, and Urban Affairs. COBURN, Mr. CORKER, Mr. CORNYN, novations had a great impact on the By Ms. STABENOW (for herself and Mr. CRAPO, Mr. ENSIGN, Mrs. music industry and made Hawaii Ms. COLLINS): HUTCHISON, Mr. INHOFE, Mr. ISAKSON, S. 738. A bill to amend title XVIII of the Mr. JOHANNS, Mr. JOHNSON of Wis- proud. Social Security Act to provide for Medicare Long before being elected to Con- consin, Mr. KIRK, Mr. KYL, Mr. LEE, coverage of comprehensive Alzheimer’s dis- Mr. MCCONNELL, Mr. MORAN, Mr. gress, I taught music and band in Ha- ease and related dementia diagnosis and PAUL, Mr. RISCH, Mr. SESSIONS, Mr. waii’s schools, and I am honored to rec- services in order to improve care and out- THUNE, Mr. TOOMEY, Mr. VITTER, and ognize Freddie and Ernest for their nu- comes for Americans living with Alzheimer’s Mr. WICKER): merous and invaluable accomplish- disease and related dementias by improving S. 746. A bill to repeal provisions of the ments in the music business. Although detection, diagnosis, and care planning; to Dodd-Frank Wall Street Reform and Con- both brothers are no longer with us, I the Committee on Finance. sumer Protection Act; to the Committee on By Mr. LEVIN (for himself, Mr. SCHU- extend my aloha and sincere thanks to Banking, Housing, and Urban Affairs. MER, Mr. ALEXANDER, Mr. KERRY, Ms. By Mr. CRAPO (for himself, Mr. KOHL, the Tavares family for keeping the leg- MURKOWSKI, Mr. BINGAMAN, Mr. Ms. COLLINS, and Mr. PORTMAN): acy of Freddie and Ernest Tavares MERKLEY, and Ms. STABENOW): S. 747. A bill to amend title 23, United alive.∑ S. 739. A bill to authorize the Architect of States Code, with respect to vehicle weight the Capitol to establish battery recharging f limitations applicable to the Interstate Sys- stations for privately owned vehicles in tem, and for other purposes; to the Com- MESSAGES FROM THE PRESIDENT parking areas under the jurisdiction of the mittee on Finance. Senate at no net cost to the Federal Govern- By Mr. NELSON of Florida (for him- Messages from the President of the ment; to the Committee on Rules and Ad- self, Mr. BINGAMAN, and Mr. KERRY): United States were communicated to ministration. S. 748. A bill to amend the Internal Rev- the Senate by Mr. Pate, one of his sec- By Mr. REED (for himself, Ms. MUR- enue Code of 1986 to expand the definition of retaries. KOWSKI, Mr. DURBIN, and Mr. UDALL cellulosic biofuel to include algae-based of New Mexico): biofuel for purposes of the cellulosic biofuel f S. 740. A bill to revise and extend provi- producer credit and the special allowance for EXECUTIVE MESSAGES REFERRED sions under the Garrett Lee Smith Memorial cellulosic biofuel plant property; to the Com- Act; to the Committee on Health, Education, mittee on Finance. As in executive session the Presiding Labor, and Pensions. By Mr. DURBIN (for himself, Mrs. Officer laid before the Senate messages By Mr. UDALL of New Mexico (for BOXER, Mr. CARDIN, Mr. FRANKEN, from the President of the United himself, Mr. UDALL of Colorado, Mr. Mr. HARKIN, Mr. KERRY, Ms.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2188 CONGRESSIONAL RECORD — SENATE April 6, 2011 KLOBUCHAR, Mr. LEAHY, Mr. 227, a bill to amend title XVIII of the ENSIGN) was added as a cosponsor of S. MERKLEY, Ms. MIKULSKI, Mr. SAND- Social Security Act to ensure more 671, a bill to authorize the United ERS, Mrs. SHAHEEN, and Mr. TESTER): timely access to home health services States Marshals Service to issue ad- S. 749. A bill to establish a revenue source for Medicare beneficiaries under the ministrative subpoenas in investiga- for fair elections financing of Senate cam- Medicare program. paigns by providing an excise tax on tions relating to unregistered sex of- amounts paid pursuant to contracts with the S. 339 fenders. United States Government; to the Com- At the request of Mr. BAUCUS, the S. 691 mittee on Finance. name of the Senator from New York At the request of Mr. SCHUMER, the By Mr. DURBIN (for himself, Mrs. (Mrs. GILLIBRAND) was added as a co- name of the Senator from New York BOXER, Mr. CARDIN, Mr. FRANKEN, sponsor of S. 339, a bill to amend the (Mrs. GILLIBRAND) was added as a co- Mr. HARKIN, Mr. KERRY, Ms. Internal Revenue Code of 1986 to make sponsor of S. 691, a bill to support State KLOBUCHAR, Mr. LEAHY, Mr. permanent the special rule for con- and tribal government efforts to pro- MERKLEY, Ms. MIKULSKI, Mr. SAND- tributions of qualified conservation mote research and education related to ERS, Mrs. SHAHEEN, and Mr. TESTER): contributions. S. 750. A bill to reform the financing of maple syrup production, natural re- Senate elections, and for other purposes; to S. 398 source sustainability in the maple the Committee on Rules and Administration. At the request of Mr. BINGAMAN, the syrup industry, market promotion of By Mr. BROWN of Ohio (for himself name of the Senator from Delaware maple products, and greater access to and Mr. KIRK): (Mr. CARPER) was added as a cosponsor lands containing maple trees for S. 751. A bill to require the Secretary of of S. 398, a bill to amend the Energy maple-sugaring activities, and for Commerce to develop a comprehensive na- Policy and Conservation Act to im- other purposes. tional manufacturing strategy, and for other prove energy efficiency of certain ap- S. 705 purposes; to the Committee on Commerce, pliances and equipment, and for other Science, and Transportation. At the request of Mr. CARPER, the By Mrs. FEINSTEIN (for herself, Mr. purposes. names of the Senator from Georgia ISAKSON, and Mr. KERRY): S. 431 (Mr. ISAKSON) and the Senator from S. 752. A bill to establish a comprehensive At the request of Mr. PRYOR, the South Dakota (Mr. JOHNSON) were interagency response to reduce lung cancer names of the Senator from Mississippi added as cosponsors of S. 705, a bill to mortality in a timely manner; to the Com- (Mr. COCHRAN), the Senator from Geor- amend the Internal Revenue Code of mittee on Health, Education, Labor, and gia (Mr. CHAMBLISS) and the Senator 1986 to provide for collegiate housing Pensions. from Alabama (Mr. SESSIONS) were and infrastructure grants. By Mrs. GILLIBRAND: added as cosponsors of S. 431, a bill to S. 753. A bill to require the Assistant Sec- S. 707 retary of Commerce for Economic Develop- require the Secretary of the Treasury At the request of Mr. DURBIN, the ment to establish an early-stage business in- to mint coins in commemoration of the name of the Senator from Nevada (Mr. vestment and incubation grant program, and 225th anniversary of the establishment ENSIGN) was added as a cosponsor of S. for other purposes; to the Committee on of the Nation’s first Federal law en- 707, a bill to amend the Animal Welfare Commerce, Science, and Transportation. forcement agency, the United States Act to provide further protection for f Marshals Service. puppies. S. 491 SUBMISSION OF CONCURRENT AND S. 712 At the request of Mr. PRYOR, the SENATE RESOLUTIONS At the request of Mr. DEMINT, the name of the Senator from Iowa (Mr. name of the Senator from Mississippi The following concurrent resolutions GRASSLEY) was added as a cosponsor of (Mr. WICKER) was added as a cosponsor and Senate resolutions were read, and S. 491, a bill to amend title 38, United of S. 712, a bill to repeal the Dodd- referred (or acted upon), as indicated: States Code, to recognize the service in Frank Wall Street Reform and Con- By Mr. NELSON of Nebraska (for him- the reserve components of the Armed sumer Protection Act. self, Mr. DURBIN, Ms. CANTWELL, and Forces of certain persons by honoring S. 720 Mrs. MURRAY): them with status as veterans under At the request of Mr. THUNE, the S. Res. 132. A resolution recognizing and law, and for other purposes. names of the Senator from Missouri honoring the zoos and aquariums of the S. 578 United States; to the Committee on Environ- (Mr. BLUNT) and the Senator from Ari- ment and Public Works. At the request of Mr. LAUTENBERG, zona (Mr. KYL) were added as cospon- By Mr. FRANKEN: the name of the Senator from Cali- sors of S. 720, a bill to repeal the S. Res. 133. A resolution to require that fornia (Mrs. BOXER) was added as a co- CLASS program. new war funding be offset; to the Committee sponsor of S. 578, a bill to amend title S. 724 on the Budget. V of the Social Security Act to elimi- At the request of Mrs. HUTCHISON, the By Ms. STABENOW (for herself, Mr. nate the abstinence-only education names of the Senator from New Hamp- ISAKSON, Mr. UDALL of Colorado, Mr. program. shire (Ms. AYOTTE), the Senator from JOHANNS, and Mrs. HUTCHISON): S. 595 S. Res. 134. A resolution supporting the Ohio (Mr. PORTMAN), the Senator from designation of April as Parkinson’s Aware- At the request of Mrs. MURRAY, the Maine (Ms. COLLINS), the Senator from ness Month; considered and agreed to. name of the Senator from Idaho (Mr. Nebraska (Mr. JOHANNS), the Senator By Mr. INHOFE: CRAPO) was added as a cosponsor of S. from Texas (Mr. CORNYN), the Senator S. Con. Res. 11. A concurrent resolution ex- 595, a bill to amend title VIII of the El- from Wyoming (Mr. ENZI), the Senator pressing the sense of Congress with respect ementary and Secondary Education from Arizona (Mr. KYL), the Senator to the Obama administration’s discontinuing Act of 1965 to require the Secretary of from South Carolina (Mr. DEMINT), the to defend the Defense of Marriage Act; to the Education to complete payments under Senator from Nevada (Mr. ENSIGN), the Committee on the Judiciary. such title to local educational agencies Senator from Utah (Mr. LEE), the Sen- f eligible for such payments within 3 fis- ator from South Dakota (Mr. THUNE), ADDITIONAL COSPONSORS cal years. the Senator from Idaho (Mr. CRAPO), S. 668 the Senator from Georgia (Mr. S. 146 At the request of Mr. CORNYN, the CHAMBLISS), the Senator from Missouri At the request of Mr. BAUCUS, the names of the Senator from Kansas (Mr. (Mr. BLUNT), the Senator from North name of the Senator from Rhode Island MORAN) and the Senator from Idaho Carolina (Mr. BURR), the Senator from (Mr. WHITEHOUSE) was added as a co- (Mr. CRAPO) were added as cosponsors Wisconsin (Mr. JOHNSON), the Senator sponsor of S. 146, a bill to amend the of S. 668, a bill to remove unelected, from Michigan (Ms. STABENOW), the Internal Revenue Code of 1986 to extend unaccountable bureaucrats from sen- Senator from Utah (Mr. HATCH), the the work opportunity credit to certain iors’ personal health decisions by re- Senator from Kansas (Mr. ROBERTS), recently discharged veterans. pealing the Independent Payment Ad- the Senator from Iowa (Mr. GRASSLEY), S. 227 visory Board. the Senator from Florida (Mr. RUBIO), At the request of Ms. COLLINS, the S. 671 the Senator from South Carolina (Mr. name of the Senator from Hawaii (Mr. At the request of Mr. SESSIONS, the GRAHAM), the Senator from Pennsyl- INOUYE) was added as a cosponsor of S. name of the Senator from Nevada (Mr. vania (Mr. TOOMEY), the Senator from

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2189 Idaho (Mr. RISCH), the Senator from land (Ms. MIKULSKI), the Senator from President Obama’s goal of 1 million Kansas (Mr. MORAN), the Senator from New Jersey (Mr. MENENDEZ), the Sen- electric vehicles on the road by 2015 is Wyoming (Mr. BARRASSO), the Senator ator from Washington (Ms. CANTWELL), one part of that effort. He announced from Kentucky (Mr. MCCONNELL), the the Senator from Minnesota (Mr. last week that by 2015, the government Senator from Indiana (Mr. COATS) and FRANKEN) and the Senator from Oregon will buy only alternative-energy vehi- the Senator from North Carolina (Mrs. (Mr. MERKLEY) were added as cospon- cles for its fleets as part of a strategy HAGAN) were added as cosponsors of S. sors of amendment No. 207 proposed to to cut U.S. oil imports by 1/3. Such a 724, a bill to appropriate such funds as S. 493, a bill to reauthorize and im- strategy would help our country eco- may be necessary to ensure that mem- prove the SBIR and STTR programs, nomically, protect our environment bers of the Armed Forces, including re- and for other purposes. and enhance our national security. The legislation we introduce today is serve components thereof, and sup- AMENDMENT NO. 281 another, though smaller, part of that porting civilian and contractor per- At the request of Mr. COBURN, the sonnel continue to receive pay and al- effort. It would ensure that the Senate name of the Senator from Alaska (Mr. leads by example as we transition to a lowances for active service performed BEGICH) was added as a cosponsor of when a funding gap caused by the fail- clean-energy future. It would estab- amendment No. 281 proposed to S. 493, lish—at no net cost to the taxpayer— ure to enact interim or full-year appro- a bill to reauthorize and improve the priations for the Armed Forces occurs, charging stations to power plug-in hy- SBIR and STTR programs, and for brid electric vehicles. While these vehi- which results in the furlough of non- other purposes. cles are an important part of our fu- emergency personnel and the curtail- AMENDMENT NO. 285 ture, they will bring changes in how we ment of Government activities and At the request of Mr. ROCKEFELLER, think about cars and driving. Instead services. the name of the Senator from Iowa of looking for gas stations, drivers will S. RES. 80 (Mr. GRASSLEY) was added as a cospon- need charging stations where they can At the request of Mr. KIRK, the sor of amendment No. 285 intended to replenish the batteries that power names of the Senator from Wisconsin be proposed to S. 493, a bill to reau- their vehicles. (Mr. KOHL) and the Senator from Cali- thorize and improve the SBIR and The President and others have pro- fornia (Mrs. FEINSTEIN) were added as STTR programs, and for other pur- posed plans to help encourage the cre- cosponsors of S. Res. 80, a resolution poses. ation of that infrastructure in commu- condemning the Government of Iran f nities around the country. So should for its state-sponsored persecution of the Senate. This bill would ensure that its Baha’i minority and its continued STATEMENTS ON INTRODUCED Senate employees have available the violation of the International Cov- BILLS AND JOINT RESOLUTIONS infrastructure to support next-genera- enants on Human Rights. By Mr. LEVIN (for himself, Mr. tion vehicles. It would be an important S. RES. 86 SCHUMER, Mr. ALEXANDER, Mr. statement of leadership from the Sen- At the request of Mrs. FEINSTEIN, the KERRY, Ms. MURKOWSKI, Mr. ate. It would provide an example to name of the Senator from Connecticut BINGAMAN, Mr. MERKLEY, and other employers of how they can sup- (Mr. LIEBERMAN) was added as a co- Mrs. STABENOW): port both the needs of their employees sponsor of S. Res. 86, a resolution rec- S. 739. A bill to authorize the Archi- and our national interest in energy se- ognizing the Defense Intelligence tect of the Capitol to establish battery curity. Agency on its 50th Anniversary. recharging stations for privately owned I am thankful for the support of Sen- S. RES. 99 vehicles in parking areas under the ju- ators SCHUMER, ALEXANDER, KERRY, At the request of Mr. DEMINT, the risdiction of the Senate at no net cost MURKOWSKI, and BINGAMAN on this bill, and for the assistance of the staffs of name of the Senator from Tennessee to the Federal Government; to the Senators SCHUMER and ALEXANDER on (Mr. ALEXANDER) was added as a co- Committee on Rules and Administra- the Rules Committee. These Senators sponsor of S. Res. 99, a resolution ex- tion. have recognized the value of Senate pressing the sense of the Senate that Mr. LEVIN. Mr. President, today a leadership in moving our nation toward the primary safeguard for the well- bipartisan group of Senators has intro- a future liberated from imported oil, being and protection of children is the duced legislation that would allow the and I hope our other colleagues will as family, and that the primary safe- Senate to continue its leadership of our well. guards for the legal rights of children country toward a clean-energy future. in the United States are the Constitu- Mr. President, I ask unanimous con- Senators SCHUMER, ALEXANDER, KERRY, sent that the text of the bill be printed tions of the United States and the sev- MURKOWSKI, BINGAMAN, and I have in- eral States, and that, because the use in the RECORD. troduced a bill that would authorize There being no objection, the text of of international treaties to govern pol- the Architect of the Capitol to estab- the bill was ordered to be printed in icy in the United States on families lish battery recharging stations for pri- the RECORD, as follows: and children is contrary to principles vately owned vehicles in parking areas S. 739 of self-government and federalism, and under the jurisdiction of the Senate at Be it enacted by the Senate and House of Rep- that, because the United Nations Con- no net cost to the Federal Government. resentatives of the United States of America in vention on the Rights of the Child un- Among the most successful job-cre- Congress assembled, dermines traditional principles of law ation efforts we have undertaken since SECTION 1. BATTERY RECHARGING STATIONS in the United States regarding parents the financial crisis devastated our FOR PRIVATELY OWNED VEHICLES and children, the President should not IN PARKING AREAS UNDER THE JU- economy is our attempt to help Amer- RISDICTION OF THE SENATE AT NO transmit the Convention to the Senate ican manufacturers create the bat- NET COST TO THE FEDERAL GOV- for its advice and consent. teries and other components that will ERNMENT. S. RES. 125 power the next generation of electric- (a) DEFINITION.—In this Act, the term At the request of Mr. UDALL of New powered vehicles. In my State of ‘‘covered employee’’ means— Mexico, the name of the Senator from Michigan and in other places around (1) an employee whose pay is disbursed by the Secretary of the Senate; or Oregon (Mr. MERKLEY) was added as a the country, the grant program we en- (2) any other individual who is authorized cosponsor of S. Res. 125, a resolution acted as part of the Recovery Act has to park in any parking area under the juris- supporting the goals and ideals of Na- sparked a boom of manufacturing job diction of the Senate on Capitol Grounds. tional Public Health Week. creation. Given a choice between (b) AUTHORITY.— AMENDMENT NO. 207 watching our global competitors create (1) IN GENERAL.—Subject to paragraph (3), At the request of Mr. SANDERS, the those jobs and creating them in the funds appropriated to the Architect of the names of the Senator from Nevada (Mr. United States, we have chosen the Capitol under the heading ‘‘CAPITOL POWER PLANT’’ under the heading ‘‘ARCHITECT OF REID), the Senator from New York (Mr. wiser course. THE CAPITOL’’ in any fiscal year are avail- SCHUMER), the Senator from Rhode Is- This has been part of a larger, and able to construct, operate, and maintain on land (Mr. REED), the Senator from Iowa largely successful, effort to support the a reimbursable basis battery recharging sta- (Mr. HARKIN), the Senator from Mary- electric revolution in transportation. tions in parking areas under the jurisdiction

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2190 CONGRESSIONAL RECORD — SENATE April 6, 2011 of the Senate on Capitol Grounds for use by in their efforts to prevent youth sui- SEC. 2. SUICIDE PREVENTION TECHNICAL AS- privately owned vehicles used by Senators or cide. Indeed, with the help of these im- SISTANCE CENTER. (a) REPEAL.—Section 520C of the Public covered employees. portant programs, we have made real (2) VENDORS AUTHORIZED.—In carrying out Health Service Act (42 U.S.C. 290bb–34) is re- progress since the 2004 passage of this pealed. paragraph (1), the Architect of the Capitol law in identifying at-risk youth and may use 1 or more vendors on a commission (b) SUICIDE PREVENTION TECHNICAL ASSIST- basis. young adults, providing proven mental ANCE CENTER.—Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) (as (3) APPROVAL OF CONSTRUCTION.—The Ar- health and substance use disorder chitect of the Capitol may construct or di- treatments, and educating the public amended by subsection (a)) is amended by in- rect the construction of battery recharging about youth suicide prevention efforts. serting after section 520B the following: stations described under paragraph (1) Unfortunately, suicide remains the ‘‘SEC. 520C. SUICIDE PREVENTION TECHNICAL after— third leading cause of death for adoles- ASSISTANCE CENTER. ‘‘(a) PROGRAM AUTHORIZED.—The Sec- (A) submission of written notice detailing cents and young adults age 10 to 24, and retary, acting through the Administrator of the numbers and locations of the battery re- results in 4,400 lives lost each year. Ac- the Substance Abuse and Mental Health charging stations to the Committee on Rules cording to the Centers for Disease Con- Services Administration, shall establish a and Administration of the Senate; and trol and Prevention, approximately research, training, and technical assistance (B) approval by that Committee. resource center to provide appropriate infor- (c) FEES AND CHARGES.— 150,000 individuals in this age group an- mation, training, and technical assistance to (1) IN GENERAL.—Subject to paragraph (2), nually receive medical care for self-in- the Architect of the Capitol shall charge fees flicted injuries at Emergency Depart- States, political subdivisions of States, fed- or charges for electricity provided to Sen- ments across the U.S. erally recognized Indian tribes, tribal orga- ators and covered employees sufficient to Suicide is particularly prevalent nizations, institutions of higher education, cover the costs to the Architect of the Cap- among college-age students as it is the public organizations, or private nonprofit or- itol to carry out this section, including costs ganizations concerning the prevention of sui- second leading cause of death, result- cide among all ages, particularly among to any vendors or other costs associated with ing in approximately 1,100 deaths each maintaining the battery recharging stations. groups that are at high risk for suicide. year. The 2010 National Survey of ‘‘(b) RESPONSIBILITIES OF THE CENTER.—The (2) APPROVAL OF FEES OR CHARGES.—The Counseling Center Directors at colleges center established under subsection (a) Architect of the Capitol may establish and shall— adjust fees or charges under paragraph (1) and universities found that 10.8 percent ‘‘(1) assist in the development or continu- after— of students seek counseling each year, ation of statewide and tribal suicide early (A) submission of written notice detailing an increase of nearly 1 percent from intervention and prevention strategies for the amount of the fee or charge to be estab- 2009. At the same time, the average all ages, particularly among groups that are lished or adjusted to the Committee on Rules ratio of counselors to students has re- at high risk for suicide; and Administration of the Senate; and mained constant at one to 1,786. ‘‘(2) ensure the surveillance of suicide (B) approval by that Committee. Many young people who commit sui- early intervention and prevention strategies (d) DEPOSIT AND AVAILABILITY OF FEES, cide have a treatable mental illness, CHARGES, AND COMMISSIONS.—Any fees, for all ages, particularly among groups that but they don’t get the help they need. are at high risk for suicide; charges, or commissions collected by the Ar- The legislation we introduced today chitect of the Capitol under this section ‘‘(3) study the costs and effectiveness of shall be— provides critical resources for preven- statewide and tribal suicide early interven- (1) deposited in the Treasury to the credit tion and outreach programs to reach at tion and prevention strategies in order to of the appropriations account described risk youth before it is too late. provide information concerning relevant under subsection (b); and It would increase the authorized issues of importance to State, tribal, and na- (2) available for obligation without further grant level to States, tribes, and col- tional policymakers; appropriation during— lege campuses for the implementation ‘‘(4) further identify and understand causes (A) the fiscal year collected; and of proven programs and initiatives de- and associated risk factors for suicide for all ages, particularly among groups that are at (B) the fiscal year following the fiscal year signed to address mental health and collected. high risk for suicide; wellness and reduce youth suicide. ‘‘(5) analyze the efficacy of new and exist- (e) ANNUAL REPORTS.—Not later than 30 Additionally, I am particularly days after the end of each fiscal year, the Ar- ing suicide early intervention and preven- chitect of the Capitol shall submit a report pleased that the bill would enable col- tion techniques and technology for all ages, on the financial administration and cost re- lege counseling centers to have greater particularly among groups that are at high covery of activities under this section with flexibility in their use of Federal re- risk for suicide; respect to that fiscal year to the Committee sources. Counseling centers will con- ‘‘(6) ensure the surveillance of suicidal be- on Rules and Administration of the Senate. tinue to be able to apply for funds to haviors and nonfatal suicidal attempts; (f) EFFECTIVE DATE.—This Act shall apply operate suicide prevention hotlines and ‘‘(7) study the effectiveness of State-spon- with respect to fiscal year 2011 and each fis- organize educational and awareness ef- sored statewide and tribal suicide early cal year thereafter. intervention and prevention strategies for forts about youth suicide prevention; all ages particularly among groups that are By Mr. REED (for himself, Ms. however, with this bill they will also be at high risk for suicide on the overall MURKOWSKI, Mr. DURBIN, and able to use funds for the provision of wellness and health promotion strategies re- Mr. UDALL of New Mexico): counseling services to students and the lated to suicide attempts; S. 740. A bill to revise and extend pro- hiring of appropriately trained per- ‘‘(8) promote the sharing of data regarding visions under the Garrett Lee Smith sonnel. These two components are inte- suicide with Federal agencies involved with suicide early intervention and prevention, Memorial Act; to the Committee on gral to identifying and treating students who may be at risk with the goal and State-sponsored statewide and tribal sui- Health, Education, Labor, and Pen- cide early intervention and prevention strat- sions. of preventing suicide and attempted egies for the purpose of identifying pre- Mr. REED. I am pleased to be joined suicide on campuses. viously unknown mental health causes and by Senators MURKOWSKI, DURBIN, and Our bipartisan legislation is sup- associated risk factors for suicide among all TOM UDALL in the introduction of the ported by 43 coalition members of the ages particularly among groups that are at Garrett Lee Smith Memorial Act Reau- Mental Health Liaison Group and the high risk for suicide; thorization. American Council on Education. ‘‘(9) evaluate and disseminate outcomes This legislation continues the impor- Mr. President, I unanimous consent and best practices of mental health and sub- that the text of the bill and a letter of stance use disorder services at institutions tant work of my former colleague Sen- of higher education; and ator Gordon Smith, who authored the support be printed in the RECORD. There being no objection, the mate- ‘‘(10) conduct other activities determined original law, which was named for his rial was ordered to be printed in the appropriate by the Secretary. 22-year old son, Garrett, who was a stu- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— RECORD, as follows: dent at Utah Valley University when For the purpose of carrying out this section, he took his own life. I want to once S. 740 there are authorized to be appropriated again recognize Gordon Smith for his Be it enacted by the Senate and House of Rep- $5,000,000 for each of the fiscal years 2012 resentatives of the United States of America in work to champion suicide prevention through 2016.’’. Congress assembled, SEC. 3. YOUTH SUICIDE INTERVENTION AND PRE- and mental health initiatives. SECTION 1. SHORT TITLE. VENTION STRATEGIES. Currently, this law supports 35 This Act may be cited as the ‘‘Garrett Lee Section 520E of the Public Health Service States, 16 Tribes and Tribal organiza- Smith Memorial Act Reauthorization of Act (42 U.S.C. 290bb–36) is amended to read as tions, and 38 colleges and universities 2011’’. follows:

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2191 ‘‘SEC. 520E. YOUTH SUICIDE EARLY INTERVEN- grams, mental health programs, foster care ‘‘(A) State and local agencies, including TION AND PREVENTION STRATE- systems, and other child and youth support agencies responsible for early intervention GIES. organizations; and prevention services under title XIX of ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(2) demonstrate collaboration among the Social Security Act, the State Children’s through the Administrator of the Substance early intervention and prevention services or Health Insurance Program under title XXI of Abuse and Mental Health Services Adminis- certify that entities will engage in future the Social Security Act, and programs fund- tration, shall award grants or cooperative collaboration; ed by grants under title V of the Social Secu- agreements to eligible entities to— ‘‘(3) employ or include in their applications rity Act; ‘‘(1) develop and implement State-spon- a commitment to evaluate youth suicide ‘‘(B) local and national organizations that sored statewide or tribal youth suicide early early intervention and prevention practices serve youth at risk for suicide and their fam- intervention and prevention strategies in and strategies adapted to the local commu- ilies; schools, educational institutions, juvenile nity; ‘‘(C) relevant national medical and other justice systems, substance use disorder pro- ‘‘(4) provide timely referrals for appro- health and education specialty organiza- grams, mental health programs, foster care priate community-based mental health care tions; systems, and other child and youth support and treatment of youth who are at risk for ‘‘(D) youth who are at risk for suicide, who organizations; suicide in child-serving settings and agen- have survived suicide attempts, or who are ‘‘(2) support public organizations and pri- cies; currently receiving care from early interven- vate nonprofit organizations actively in- ‘‘(5) provide immediate support and infor- tion services; volved in State-sponsored statewide or tribal mation resources to families of youth who ‘‘(E) families and friends of youth who are youth suicide early intervention and preven- are at risk for suicide; at risk for suicide, who have survived suicide tion strategies and in the development and ‘‘(6) offer access to services and care to attempts, who are currently receiving care continuation of State-sponsored statewide youth with diverse linguistic and cultural from early intervention and prevention serv- youth suicide early intervention and preven- backgrounds; ices, or who have completed suicide; tion strategies; ‘‘(7) offer appropriate postsuicide interven- ‘‘(F) qualified professionals who possess ‘‘(3) provide grants to institutions of high- tion services, care, and information to fami- the specialized knowledge, skills, experience, er education to coordinate the implementa- lies, friends, schools, educational institu- and relevant attributes needed to serve tion of State-sponsored statewide or tribal tions, juvenile justice systems, substance use youth at risk for suicide and their families; youth suicide early intervention and preven- disorder programs, mental health programs, and tion strategies; foster care systems, and other child and ‘‘(G) third-party payers, managed care or- ‘‘(4) collect and analyze data on State- youth support organizations of youth who re- ganizations, and related commercial indus- sponsored statewide or tribal youth suicide cently completed suicide; tries. early intervention and prevention services ‘‘(8) offer continuous and up-to-date infor- ‘‘(3) POLICY DEVELOPMENT.—In carrying out that can be used to monitor the effectiveness mation and awareness campaigns that target this section, the Secretary shall— of such services and for research, technical parents, family members, child care profes- ‘‘(A) coordinate and collaborate on policy assistance, and policy development; and sionals, community care providers, and the development at the Federal level with the ‘‘(5) assist eligible entities, through State- general public and highlight the risk factors relevant Department of Health and Human sponsored statewide or tribal youth suicide associated with youth suicide and the life- Services agencies and suicide working early intervention and prevention strategies, saving help and care available from early groups; and in achieving targets for youth suicide reduc- intervention and prevention services; ‘‘(B) consult on policy development at the tions under title V of the Social Security ‘‘(9) ensure that information and awareness Federal level with the private sector, includ- Act. campaigns on youth suicide risk factors, and ing consumer, medical, suicide prevention ‘‘(b) ELIGIBLE ENTITY.— early intervention and prevention services, advocacy groups, and other health and edu- ‘‘(1) DEFINITION.—In this section, the term use effective communication mechanisms cation professional-based organizations, with ‘eligible entity’ means— that are targeted to and reach youth, fami- respect to State-sponsored statewide or trib- ‘‘(A) a State; lies, schools, educational institutions, and al youth suicide early intervention and pre- ‘‘(B) a public organization or private non- youth organizations; vention strategies. profit organization designated by a State to ‘‘(10) provide a timely response system to ‘‘(f) RULE OF CONSTRUCTION; RELIGIOUS AND develop or direct the State-sponsored state- ensure that child-serving professionals and MORAL ACCOMMODATION.—Nothing in this wide youth suicide early intervention and providers are properly trained in youth sui- section shall be construed to require suicide prevention strategy; or cide early intervention and prevention strat- assessment, early intervention, or treatment ‘‘(C) a federally recognized Indian tribe or egies and that child-serving professionals services for youth whose parents or legal tribal organization (as defined in the Indian and providers involved in early intervention guardians object based on the parents’ or Self-Determination and Education Assist- and prevention services are properly trained legal guardians’ religious beliefs or moral ance Act) or an urban Indian organization in effectively identifying youth who are at objections. (as defined in the Indian Health Care Im- risk for suicide; ‘‘(g) EVALUATIONS AND REPORT.— provement Act) that is actively involved in ‘‘(11) provide continuous training activities ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— the development and continuation of a tribal for child care professionals and community Not later than 18 months after receiving a youth suicide early intervention and preven- care providers on the latest youth suicide grant or cooperative agreement under this tion strategy. early intervention and prevention services section, an eligible entity shall submit to ‘‘(2) LIMITATION.—In carrying out this sec- practices and strategies; the Secretary the results of an evaluation to tion, the Secretary shall ensure that a State ‘‘(12) conduct annual self-evaluations of be conducted by the entity concerning the does not receive more than one grant or co- outcomes and activities, including con- effectiveness of the activities carried out operative agreement under this section at sulting with interested families and advo- under the grant or agreement. any one time. For purposes of the preceding cacy organizations; ‘‘(2) REPORT.—Not later than 2 years after sentence, a State shall be considered to have ‘‘(13) provide services in areas or regions the date of enactment of this section, the received a grant or cooperative agreement if with rates of youth suicide that exceed the Secretary shall submit to the appropriate the eligible entity involved is the State or an national average as determined by the Cen- committees of Congress a report concerning entity designated by the State under para- ters for Disease Control and Prevention; and the results of— graph (1)(B). Nothing in this paragraph shall ‘‘(14) obtain informed written consent from ‘‘(A) the evaluations conducted under para- be constructed to apply to entities described a parent or legal guardian of an at-risk child graph (1); and in paragraph (1)(C). before involving the child in a youth suicide ‘‘(B) an evaluation conducted by the Sec- ‘‘(c) PREFERENCE.—In providing assistance early intervention and prevention program. retary to analyze the effectiveness and effi- under a grant or cooperative agreement ‘‘(d) REQUIREMENT FOR DIRECT SERVICES.— cacy of the activities conducted with grants, under this section, an eligible entity shall Not less than 85 percent of grant funds re- collaborations, and consultations under this give preference to public organizations, pri- ceived under this section shall be used to section. vate nonprofit organizations, political sub- provide direct services, of which not less ‘‘(h) RULE OF CONSTRUCTION; STUDENT divisions, institutions of higher education, than 5 percent shall be used for activities au- MEDICATION.—Nothing in this section shall and tribal organizations actively involved thorized under subsection (a)(3). be construed to allow school personnel to re- with the State-sponsored statewide or tribal ‘‘(e) CONSULTATION AND POLICY DEVELOP- quire that a student obtain any medication youth suicide early intervention and preven- MENT.— as a condition of attending school or receiv- tion strategy that— ‘‘(1) IN GENERAL.—In carrying out this sec- ing services. ‘‘(1) provide early intervention and assess- tion, the Secretary shall collaborate with ‘‘(i) PROHIBITION.—Funds appropriated to ment services, including screening programs, relevant Federal agencies and suicide work- carry out this section, section 527, or section to youth who are at risk for mental or emo- ing groups responsible for early intervention 529 shall not be used to pay for or refer for tional disorders that may lead to a suicide and prevention services relating to youth abortion. attempt, and that are integrated with school suicide. ‘‘(j) PARENTAL CONSENT.—States and enti- systems, educational institutions, juvenile ‘‘(2) CONSULTATION.—In carrying out this ties receiving funding under this section justice systems, substance use disorder pro- section, the Secretary shall consult with— shall obtain prior written, informed consent

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2192 CONGRESSIONAL RECORD — SENATE April 6, 2011 from the child’s parent or legal guardian for of mental health and substance use dis- through donations from public or private en- assessment services, school-sponsored pro- orders. tities) non-Federal contributions in an grams, and treatment involving medication ‘‘(4) The employment of appropriately amount that is not less than $1 for each $1 of related to youth suicide conducted in ele- trained staff, including administrative staff. Federal funds provided under the grant, to- mentary and secondary schools. The require- ‘‘(5) The provision of training to students, ward the costs of activities carried out with ment of the preceding sentence does not faculty, and staff to respond effectively to the grant (as described in subsection (b)) and apply in the following cases: students with mental health and substance other activities by the institution to reduce ‘‘(1) In an emergency, where it is necessary use disorders. student mental health and substance use dis- to protect the immediate health and safety ‘‘(6) The creation of a networking infra- orders. of the student or other students. structure to link colleges and universities ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- ‘‘(2) Other instances, as defined by the with providers who can treat mental health UTED.—Non-Federal contributions required State, where parental consent cannot rea- and substance use disorders. under paragraph (1) may be in cash or in sonably be obtained. ‘‘(7) Developing, supporting, evaluating, kind. Amounts provided by the Federal Gov- ‘‘(k) RELATION TO EDUCATION PROVISIONS.— and disseminating evidence-based and ernment, or services assisted or subsidized to Nothing in this section shall be construed to emerging best practices. any significant extent by the Federal Gov- supersede section 444 of the General Edu- ‘‘(c) IMPLEMENTATION OF ACTIVITIES USING ernment, may not be included in deter- cation Provisions Act, including the require- GRANT FUNDS.—An institution of higher edu- mining the amount of such non-Federal con- ment of prior parental consent for the disclo- cation that receives a grant under this sec- tributions. sure of any education records. Nothing in tion may carry out activities under the ‘‘(3) WAIVER.—The Secretary may waive this section shall be construed to modify or grant through— the application of paragraph (1) with respect affect parental notification requirements for ‘‘(1) college counseling centers; to an institution of higher education if the programs authorized under the Elementary ‘‘(2) college and university psychological Secretary determines that extraordinary and Secondary Education Act of 1965 (as service centers; need at the institution justifies the waiver. amended by the No Child Left Behind Act of ‘‘(3) mental health centers; ‘‘(g) REPORTS.—For each fiscal year that 2001; Public Law 107–110). ‘‘(4) psychology training clinics; grants are awarded under this section, the ‘‘(l) DEFINITIONS.—In this section: ‘‘(5) institution of higher education sup- Secretary shall conduct a study on the re- ‘‘(1) EARLY INTERVENTION.—The term ‘early ported, evidence-based, mental health and sults of the grants and submit to the Con- intervention’ means a strategy or approach substance use disorder programs; or gress a report on such results that includes that is intended to prevent an outcome or to ‘‘(6) any other entity that provides mental the following: alter the course of an existing condition. health and substance use disorder services at ‘‘(1) An evaluation of the grant program ‘‘(2) EDUCATIONAL INSTITUTION; INSTITUTION an institution of higher education. outcomes, including a summary of activities OF HIGHER EDUCATION; SCHOOL.—The term— ‘‘(d) APPLICATION.—To be eligible to re- carried out with the grant and the results ‘‘(A) ‘educational institution’ means a ceive a grant under this section, an institu- achieved through those activities. school or institution of higher education; tion of higher education shall prepare and ‘‘(2) Recommendations on how to improve ‘‘(B) ‘institution of higher education’ has submit to the Secretary an application at access to mental health and substance use the meaning given such term in section 101 such time and in such manner as the Sec- disorder services at institutions of higher of the Higher Education Act of 1965; and retary may require. At a minimum, such ap- education, including efforts to reduce the in- ‘‘(C) ‘school’ means an elementary or sec- plication shall include the following: cidence of suicide and substance use dis- ondary school (as such terms are defined in ‘‘(1) A description of identified mental orders. section 9101 of the Elementary and Sec- health and substance use disorder needs of ‘‘(h) DEFINITIONS.—In this section, the ondary Education Act of 1965). students at the institution of higher edu- term ‘institution of higher education’ has ‘‘(3) PREVENTION.—The term ‘prevention’ cation. the meaning given such term in section 101 means a strategy or approach that reduces ‘‘(2) A description of Federal, State, local, of the Higher Education Act of 1965. the likelihood or risk of onset, or delays the private, and institutional resources cur- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— onset, of adverse health problems that have rently available to address the needs de- For the purpose of carrying out this section, been known to lead to suicide. scribed in paragraph (1) at the institution of there are authorized to be appropriated ‘‘(4) YOUTH.—The term ‘youth’ means indi- higher education. $7,000,000 for each of the fiscal years 2012 viduals who are between 10 and 24 years of ‘‘(3) A description of the outreach strate- through 2016.’’. age. gies of the institution of higher education ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— for promoting access to services, including a MENTAL HEALTH LIAISON GROUP, For the purpose of carrying out this section, proposed plan for reaching those students APRIL 5, 2011. there are authorized to be appropriated most in need of mental health services. Hon. JACK REED, $32,000,000 for each of the fiscal years 2012 ‘‘(4) A plan, when applicable, to meet the U.S. Senate, Washington, DC. through 2016.’’. specific mental health and substance use dis- Hon. RICHARD J. DURBIN, SEC. 4. MENTAL HEALTH AND SUBSTANCE USE order needs of veterans attending institu- U.S. Senate, Washington, DC. DISORDERS SERVICES AND OUT- tions of higher education. Hon. LISA MURKOWSKI, REACH ON CAMPUS. ‘‘(5) A plan to seek input from community U.S. Senate, Washington, DC. Section 520E–2 of the Public Health Service mental health providers, when available, Hon. TOM UDALL, Act (42 U.S.C. 290bb–36b) is amended to read community groups and other public and pri- U.S. Senate, Washington, DC. as follows: vate entities in carrying out the program DEAR SENATORS: The undersigned organiza- ‘‘SEC. 520E–2. MENTAL HEALTH AND SUBSTANCE under the grant. tions in the Mental Health Liaison Group are USE DISORDERS SERVICES ON CAM- ‘‘(6) A plan to evaluate program outcomes, pleased to write in support of the legislation PUS. including a description of the proposed use of you will soon introduce, the Garrett Lee ‘‘(a) IN GENERAL.—The Secretary, acting funds, the program objectives, and how the Smith Memorial Act Reauthorization of 2011. through the Director of the Center for Men- objectives will be met. This legislation renews the commitment to tal Health Services and in consultation with ‘‘(7) An assurance that the institution will critically important youth and college sui- the Secretary of Education, shall award submit a report to the Secretary each fiscal cide prevention programs administered by grants on a competitive basis to institutions year concerning the activities carried out the Substance Abuse and Mental Health of higher education to enhance services for with the grant and the results achieved Services Administration, as well as strength- students with mental health or substance through those activities. ens those programs, ensuring they are best use disorders and to develop best practices ‘‘(e) SPECIAL CONSIDERATIONS.—In awarding designed to meet the needs of those they are for the delivery of such services. grants under this section, the Secretary intended to serve. ‘‘(b) USES OF FUNDS.—Amounts received shall give special consideration to applica- The Garrett Lee Smith Memorial Act under a grant under this section shall be tions that describe programs to be carried (GLSMA) currently supports grants in 35 used for 1 or more of the following activities: out under the grant that— States and 16 Tribes or Tribal organizations ‘‘(1) The provision of mental health and ‘‘(1) demonstrate the greatest need for new as part of the State/Tribal Youth Suicide substance use disorder services to students, or additional mental and substance use dis- Prevention and Early Intervention Program including prevention, promotion of mental order services, in part by providing informa- as well as funds programs at 38 institutions health, voluntary screening, early intervention on current ratios of students to mental of higher education through the Campus Sui- tion, voluntary assessment, treatment, and health and substance use disorder health cide Prevention program. While much has management of mental health and substance professionals and been achieved thanks to the successful abuse disorder issues. ‘‘(2) demonstrate the greatest potential for grants supported by the GLSMA, there re- ‘‘(2) The provision of outreach services to replication. mains much to do. In 2007, suicide was the notify students about the existence of men- ‘‘(f) REQUIREMENT OF MATCHING FUNDS.— third leading cause of death for young people tal health and substance use disorder serv- ‘‘(1) IN GENERAL.—The Secretary may make ages 15–24 years and the second leading cause ices. a grant under this section to an institution of death among college students. According ‘‘(3) Educating students, families, faculty, of higher education only if the institution to the Center for Disease Control and Pre- staff, and communities to increase awareness agrees to make available (directly or vention, ‘‘a nationwide survey of youth in

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2193 grades 9–12 in public and private schools in ciation of America, Bazelon Center for Men- help us recognize we need to do more to the United States (U.S.) found that 15% of tal Health Law, Center for Clinical Social support students during what can be students reported seriously considering sui- Work, Clinical Social Work Association, De- very tough years. cide, 11% reported creating a plan, and 7% pression and Bipolar Support Alliance, Eat- Fortunately, many students can suc- reporting trying to take their own life in the ing Disorders Coalition for Research, Policy 12 months preceding the survey.’’ The 2010 & Action, Mental Health America, NAADAC, ceed in college if they have appropriate American College Health Association’s Na- the Association for Addiction Professionals, counseling services and access to need- tional College Health Assessment II noted National Association of County Behavioral ed medications. These services make a that 45.6% of students surveyed reported Health and Developmental Disability Direc- real impact. Students who seek help feeling that things were hopeless and 30.7% tors, National Association of State Mental are six times less likely to kill them- reported feeling so depressed it was difficult Health Program Directors, National Alliance selves. Colleges are welcoming stu- to function during the past 12 months. on Mental Illness. dents today who 10 or 20 years ago Since its creation in 2004, the Garrett Lee National Association for Children’s Behav- Smith Memorial Act has provided resources ioral Health, National Association for Rural would not have been able to attend to communities and college campuses all Mental Health, National Association of Men- school due to mental illness, but who across the country, and supported needed tal Health Planning & Advisory Councils, can today because of advances in treat- technical assistance to develop and dissemi- National Association of Psychiatric Health ment. nate effective strategies and best practices Systems, National Association of School But while the needs for mental related to youth suicide prevention. Psychologists, National Association of So- health services on campus are rising, Our organizations support all three ele- cial Workers, National Coalition for Mental colleges are facing financial pressures ments of the GLSMA, which provide a com- Health Recovery, National Council for Com- and having trouble meeting this de- prehensive approach to addressing the na- munity Behavioral Healthcare, National tional problem of youth suicide. Specifically, Council on Problem Gambling, School Social mand. As I have travelled around my the State and Tribal program fosters the cre- Work Association of America, Therapeutic State, I have learned just how thin col- ation of public-private collaborations and Communities of America, Tourette Syn- leges and universities are stretched the development of critically needed preven- drome Association, U.S. Psychiatric Reha- when it comes to providing counseling tion and early intervention strategies. Next, bilitation Association, Witness Justice. and other support services to students. the Campus Suicide Prevention Program en- * not a MHLG member Take Southern Illinois University in hances services, outreach and education for Mr. DURBIN. Mr. President, three Carbondale. SIUC has 8 full-time coun- students with mental health or substance years ago, a mentally disturbed gun- selors for 20,000 students. That is 1 use disorders and calls for the development counselor for every 2,500 students. The of best practice for the delivery of such serv- man walked into a campus lecture hall ices. Finally, the Suicide Prevention Re- at Northern Illinois University and recommended ratio is 1 counselor for source Center provides information and shot 22 students, killing 5 of them. every 1,500 students. And there is an- training to States, Tribes, and tribal organi- Northern Illinois University is not the other problem. Like many rural com- zations, institutions of higher education, and first college to experience this kind of munities, Carbondale only has one public organizations or private non-profit tragedy. We all remember the horrific community mental health agency. groups in an effort to prevent suicide among events at Virginia Tech in 2007 where That agency is overwhelmed by the all ages, particularly among high risk 32 lives were taken by a gunman. mental health needs of the community groups, such as youth. We are especially pleased that you have in- In the aftermath of these shootings, and refuses to serve students from cluded modest but needed growth in the au- we asked what could have been done to SIUC. The campus counseling center is thorization levels for these programs. This prevent it. And years later, we are still the only mental health option for stu- measured increase acknowledges the impor- trying to make sense of it. Some be- dents. The eight hard-working coun- tant efforts that have come from the devel- lieve nothing can be done to stop a dis- selors at SIUC do their best under im- opment of these programs as well as the sig- turbed person from committing acts of possible conditions. They triage stu- nificant work that remains to build suicide violence. But I believe we can and dents who come in seeking help so that prevention capacity across the country. should do more. the ones who might be a threat to Our organizations are grateful to you and your colleagues for your strong bipartisan For a long time, we have overlooked themselves or others are seen first. The approach regarding this program. We thank the mental health needs of students on waitlist of students seeking services Senators Murkowski, Durbin and Tom Udall college campuses. We know now that has reached 45 students. for joining with you in support of this effort many mental illnesses start to mani- The story is the same across the and demonstrating extraordinary leadership fest in this period when young people country. Colleges are trying to fill in on youth suicide prevention. leave the security of home and regular the gaps, but because of the shortage of We are most grateful to you and your staff medical care. The responsibility for the counselors, students’ needs are over- for your tireless work on this legislation students’ well-being often shifts from looked. A recent survey of college over the past years. Your unwavering leadership and commitment to youth suicide pre- parents to students, and the students counseling centers indicates that the vention undoubtedly has important implica- aren’t always completely prepared. It average ratio of professional-staff-to- tions for the current and future health and is easier for a young person’s problems students is 1 to 1,900. Although interest wellbeing of our nation’s youth. We welcome to go unnoticed when he or she is away in mental health services is high, the the opportunity to work with you and your at college than when they are at home, recession has put pressure on adminis- staff to ensure that the Garrett Lee Smith in the company of parents, old friends, trators to cut budgets wherever they Memorial Act is promptly reauthorized. and high school teachers. College also can. At times, counseling centers are Sincerely, American Academy of Child and Adoles- provides a new opportunity for young in the crosshairs. Ten percent of survey cent Psychiatry, American Art Therapy As- people to experiment with drugs or al- respondents said their budgets were cut sociation, American Association for Geri- cohol. during the 2007–8 academic year, half atric Psychiatry, American Association for The consequences of not detecting or said their budgets stayed the same, and Marriage and Family Therapy, American As- addressing mental health needs among nearly a quarter reported that their sociation for Psychoanalysis in Clinical So- students are real. Suicide remains the funds increased by 3 percent or less. cial Work, American Association of Pastoral third leading cause of death for adoles- With so many students looking for Counselors, American Association on Health cents and young adults between ages help and so few counselors to see them, and Disability*, American Counseling Asso- 10–24. Suicide takes the lives of more counseling centers have to cut back on ciation, American Dance Therapy Associa- tion, American Foundation for Suicide Pre- young adults than AIDS, cancer, heart outreach. Without outreach, the vention/SPAN USA, American Group Psy- disease, pneumonia, birth defects, and chances of finding students who need chotherapy Association, American influenza combined. Forty-five percent help but don’t ask for it goes down. Orthopsychiatric Association, American of college students report having felt This is a serious problem. We know Psychiatric Association, American Psycho- so depressed that it was difficult to that some students exhibit warning analytic Association, American Psycho- function. Ten percent have con- signs of a tortured mental state and logical Association. templated suicide. There are over 1,000 four out of five young adults show American Psychotherapy Association, As- sociation for Ambulatory Behavioral suicides on college campus each year. warning signs before attempting sui- Healthcare, Association for the Advance- These heartbreaking and traumatic in- cide. But faculty and students don’t al- ment of Psychology, American Psychiatric cidents demonstrate the tragic con- ways know how or where to express Nurses Association, Anxiety Disorders Asso- sequences of mental instability and their concerns. Outreach efforts by

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2194 CONGRESSIONAL RECORD — SENATE April 6, 2011 campus counseling centers can help not wait to act on measures to make include employees of the Transpor- educate the community about warning sure the government uses taxpayer tation Security Administration. Intel- signs to look for as well as how to in- money efficiently and effectively. ligence Community employees for the tervene. Of the students who com- This legislation will help us hold first time would be protected as well, mitted suicide across the country in those who manage the public’s dollars with an administrative process mod- 2007, only 22 percent had received coun- accountable by strengthening protec- eled on the protections for Federal Bu- seling on campus. That means that of tions for Federal employees who shed reau of Investigations employees. the 1,000 college students who took light on government waste, fraud, and Moreover, it would make clear that their own lives, 800 may never have abuse. Studies have shown that em- whistleblowers who disclose censorship looked for help. How many of those ployee whistleblowers are responsible of scientific information that could young lives could have been saved if for uncovering more fraud than audi- lead to gross government waste or mis- our college counseling centers had the tors, internal compliance officers, and management, danger to public health resources they needed to identify those law enforcement officials combined. As or safety, or a violation of law are pro- students and help them? Our students an example of the type of disclosures tected. deserve better. we need to encourage, in one of the few I have been a long-time proponent of We need to help schools meet the cases in which a whistleblower pre- strengthening oversight by protecting needs of their students, and that is why vailed, an Internal Revenue Service Federal whistleblowers. Last Congress, I am an original cosponsor of the Gar- manager disclosed alleged fraud and my Whistleblower Protection Enhance- rett Lee Smith Memorial Act Reau- preferential treatment of certain ment Act, S. 372, passed both the Sen- thorization. This bill includes an im- wealthy and influential taxpayers. The ate and the House of Representatives portant provision of the Mental Health Merit Systems Protection Board denied by unanimous consent in December on Campus Improvement Act, which I his claim, but five years after the whis- 2010. In the 110th Congress, my bill, the introduced last Congress that would in- tleblower retaliation occurred, the Federal Employee Protection of Disclo- crease funding for colleges and univer- Court of Appeals reversed. Ensuring sures Act, S. 274, passed the Senate by sities to improve their mental health that dedicated civil servants can come unanimous consent in December 2007, services. Colleges could use the funding forward and report wrongdoing without and a similar bill, H.R. 985, also passed to hire personnel, increase outreach, facing retaliation is an important step in the House of Representatives in and educate the campus community for saving taxpayer dollars, reducing March 2008. Unfortunately, both times, about mental health. The Garrett Lee the deficit, and improving our coun- we were not able to reconcile the two Smith Memorial Act Reauthorization try’s long-term economic health. bills and enact whistleblower protec- would provide States, tribes/tribal or- Our bill also will contribute to public tions before the Congress adjourned. I ganizations, and universities with health and safety, civil rights and civil intend to finish the job this Congress. much needed resources to prevent sui- liberties, national security, and other Whistleblowers simply cannot wait any cide. critical interests. Federal employees longer. Reflecting on the loss of his own son, may be the only people in the position Congress has a duty to provide strong the well-known minister Rev. William to observe a problem with a drug safety protections for Federal whistleblowers. Sloan Coffin once said, ‘‘When parents trial, a cover up of violations during a Only when Federal employees are con- die, they take with them a portion of food inspection, overreach in Federal fident that they will not face retalia- the past. But when children die, they law enforcement, or safety concerns at tion will they feel comfortable coming take away the future as well.’’ I hope a nuclear plant. But few employees will forward to disclose information that the Garrett Lee Smith Memorial Act have the courage to disclose Federal can be used to improve government op- will help prevent the unnecessary loss Government wrongdoing, which can af- erations, our national security, and the of more young lives and bright futures. fect every aspect of government oper- health of our citizens. I urge my col- ations, without meaningful whistle- leagues to support this legislation. By Mr. AKAKA (for himself, Ms. blower protections. Mr. President, I ask unanimous con- COLLINS, Mr. GRASSLEY, Mr. The Whistleblower Protection Act, sent that the text of the bill be printed LIEBERMAN, Mr. LEVIN, Mr. WPA, was intended to shield Federal in the RECORD. CARPER, Mr. LEAHY, Mr. HAR- whistleblowers from retaliation, but There being no objection, the text of KIN, Mr. PRYOR, Ms. LANDRIEU, the Court of Appeals or the Federal the bill was ordered to be printed in Mrs. MCCASKILL, Mr. TESTER, Circuit and the Merit Systems Protec- the RECORD, as follows: Mr. BEGICH, and Mr. CARDIN): tion Board repeatedly have issued deci- S. 743 S. 743. A bill to amend chapter 23 of sions that misconstrue the WPA and Be it enacted by the Senate and House of Rep- title 5, United States Code, to clarify scale back its protections. Federal resentatives of the United States of America in the disclosures of information pro- whistleblowers have prevailed on the Congress assembled, tected from prohibited personnel prac- merits of their claims before the Fed- SECTION 1. SHORT TITLE. tices, require a statement in nondisclo- eral Circuit which has sole jurisdiction This Act may be cited as the ‘‘Whistle- sure policies, forms, and agreements over Federal employee whistleblower blower Protection Enhancement Act of that such policies, forms, and agree- appeals, only three times in hundreds 2011’’. ments conform with certain disclosure of cases since 1994. correction is ur- TITLE I—PROTECTION OF CERTAIN DIS- protections, provide certain authority gently needed. CLOSURES OF INFORMATION BY FED- for the Special Counsel, and for other Our bill would eliminate a number of ERAL EMPLOYEES purposes; to the Committee on Home- restrictions that the Federal Circuit SEC. 101. CLARIFICATION OF DISCLOSURES COV- land Security and Governmental Af- has read into the law regarding when ERED. fairs. disclosures are covered by the WPA. (a) IN GENERAL.—Section 2302(b)(8) of title Mr. AKAKA. Mr. President, today I Because of the Federal Circuit’s re- 5, United States Code, is amended— rise to reintroduce the whistleblower (1) in subparagraph (A)(i), by striking ‘‘a strictive reading of the WPA, it would violation’’ and inserting ‘‘any violation’’; Protection Enhancement Act. I am establish a pilot program to allow and pleased that Senators COLLINS, GRASS- multi-circuit review for 5 years, and (2) in subparagraph (B)(i), by striking ‘‘a LEY, LIEBERMAN, LEVIN, CARPER, would require a Government Account- violation’’ and inserting ‘‘any violation LEAHY, HARKIN, PRYOR, LANDRIEU, ability Office review of that change 40 (other than a violation of this section)’’. MCCASKILL, TESTER, BEGICH, and months after enactment. This bill (b) PROHIBITED PERSONNEL PRACTICES CARDIN have joined as cosponsors of would also bar agencies from revoking UNDER SECTION 2302(b)(9).— this bill. an employee’s security clearance in re- (1) TECHNICAL AND CONFORMING AMEND- The need for stronger whistleblower MENTS.—Title 5, United States Code, is taliation for whistleblowing. amended in subsections (a)(3), (b)(4)(A), and protections is clear. As we slowly re- Additionally, this bill expands cov- (b)(4)(B)(i) of section 1214, in subsections (a), cover from the deepest recession since erage to new groups of whistleblowers. (e)(1), and (i) of section 1221, and in sub- the Great Depression, and grapple with This bill would expand the coverage of section (a)(2)(C)(i) of section 2302, by insert- unsustainable budget deficits, we can- the Whistleblower Protection Act to ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2195 (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’ conduct is the subject of a disclosure as de- former employee if the agency posts notice each place it appears. fined under subsection (a)(2)(D) may be re- of the statement on the agency website for (2) OTHER REFERENCES.—(A) Title 5, United butted by substantial evidence. For purposes the 1-year period following that effective States Code, is amended in subsection of paragraph (8), a determination as to date. (b)(4)(B)(i) of section 1214 and in subsection whether an employee or applicant reason- (c) RETALIATORY INVESTIGATIONS.— (e)(1) of section 1221, by inserting ‘‘or pro- ably believes that such employee or appli- (1) AGENCY INVESTIGATION.—Section 1214 of tected activity’’ after ‘‘disclosure’’ each cant has disclosed information that evi- title 5, United States Code, is amended by place it appears. dences any violation of law, rule, regulation, adding at the end the following: (B) Section 2302(b)(9) of title 5, United gross mismanagement, a gross waste of ‘‘(h) Any corrective action ordered under States Code, is amended— funds, an abuse of authority, or a substantial this section to correct a prohibited personnel (i) by striking subparagraph (A)and insert- and specific danger to public health or safety practice may include fees, costs, or damages ing the following: shall be made by determining whether a dis- reasonably incurred due to an agency inves- ‘‘(A) the exercise of any appeal, complaint, interested observer with knowledge of the es- tigation of the employee, if such investiga- or grievance right granted by any law, rule, sential facts known to and readily ascertain- tion was commenced, expanded, or extended or regulation— able by the employee could reasonably con- in retaliation for the disclosure or protected ‘‘(i) with regard to remedying a violation clude that the actions of the Government activity that formed the basis of the corrective action.’’. of paragraph (8); or evidence such violations, mismanagement, (2) DAMAGES.—Section 1221(g) of title 5, ‘‘(ii) with regard to remedying a violation waste, abuse, or danger.’’. United States Code, is amended by adding at of any other law, rule, or regulation;’’; and SEC. 104. PERSONNEL ACTIONS AND PROHIBITED PERSONNEL PRACTICES. the end the following: (ii) in subparagraph (B), by inserting ‘‘(i) (a) PERSONNEL ACTION.—Section ‘‘(4) Any corrective action ordered under or (ii)’’ after ‘‘subparagraph (A)’’. 2302(a)(2)(A) of title 5, United States Code, is this section to correct a prohibited personnel (C) Section 2302 of title 5, United States amended— practice may include fees, costs, or damages Code, is amended by adding at the end the (1) in clause (x), by striking ‘‘and’’ after reasonably incurred due to an agency inves- following: the semicolon; and ‘‘(f)(1) A disclosure shall not be excluded tigation of the employee, if such investiga- (2) by redesignating clause (xi) as clause tion was commenced, expanded, or extended from subsection (b)(8) because— (xii) and inserting after clause (x) the fol- ‘‘(A) the disclosure was made to a person, in retaliation for the disclosure or protected lowing: activity that formed the basis of the correc- including a supervisor, who participated in ‘‘(xi) the implementation or enforcement an activity that the employee or applicant tive action.’’. of any nondisclosure policy, form, or agree- SEC. 105. EXCLUSION OF AGENCIES BY THE reasonably believed to be covered by sub- ment; and’’. section (b)(8)(A)(ii); PRESIDENT. (b) PROHIBITED PERSONNEL PRACTICE.— Section 2302(a)(2)(C) of title 5, United ‘‘(B) the disclosure revealed information (1) IN GENERAL.—Section 2302(b) of title 5, States Code, is amended by striking clause that had been previously disclosed; United States Code, is amended— (ii) and inserting the following: ‘‘(C) of the employee’s or applicant’s mo- (A) in paragraph (11), by striking ‘‘or’’ at ‘‘(ii)(I) the Federal Bureau of Investiga- tive for making the disclosure; the end; tion, the Central Intelligence Agency, the ‘‘(D) the disclosure was not made in writ- (B) in paragraph (12), by striking the pe- Defense Intelligence Agency, the National ing; riod and inserting ‘‘; or’’; and Geospatial-Intelligence Agency, the National ‘‘(E) the disclosure was made while the em- (C) by inserting after paragraph (12) the Security Agency, the Office of the Director ployee was off duty; or following: of National Intelligence, and the National ‘‘(F) of the amount of time which has ‘‘(13) implement or enforce any nondisclo- Reconnaissance Office; and passed since the occurrence of the events de- sure policy, form, or agreement, if such pol- ‘‘(II) as determined by the President, any scribed in the disclosure. icy, form, or agreement does not contain the executive agency or unit thereof the prin- ‘‘(2) If a disclosure is made during the nor- following statement: ‘These provisions are cipal function of which is the conduct of formal course of duties of an employee, the dis- consistent with and do not supersede, con- eign intelligence or counterintelligence ac- closure shall not be excluded from sub- flict with, or otherwise alter the employee tivities, provided that the determination be section (b)(8) if any employee who has au- obligations, rights, or liabilities created by made prior to a personnel action; or’’. thority to take, direct others to take, rec- Executive Order 13526 (75 Fed. Reg. 707; relat- ommend, or approve any personnel action SEC. 106. DISCIPLINARY ACTION. ing to classified national security informa- Section 1215(a)(3) of title 5, United States with respect to the employee making the dis- tion), or any successor thereto; Executive Code, is amended to read as follows: closure, took, failed to take, or threatened Order 12968 (60 Fed. Reg. 40245; relating to ac- ‘‘(3)(A) A final order of the Board may im- to take or fail to take a personnel action cess to classified information), or any suc- pose— with respect to that employee in reprisal for cessor thereto; section 7211 of title 5, United ‘‘(i) disciplinary action consisting of re- the disclosure.’’. States Code (governing disclosures to Con- moval, reduction in grade, debarment from SEC. 102. DEFINITIONAL AMENDMENTS. gress); section 1034 of title 10, United States Federal employment for a period not to ex- Section 2302(a)(2) of title 5, United States Code (governing disclosure to Congress by ceed 5 years, suspension, or reprimand; Code, is amended— members of the military); section 2302(b)(8) ‘‘(ii) an assessment of a civil penalty not to (1) in subparagraph (B)(ii), by striking of title 5, United States Code (governing dis- exceed $1,000; or ‘‘and’’ at the end; closures of illegality, waste, fraud, abuse, or ‘‘(iii) any combination of disciplinary ac- (2) in subparagraph (C)(iii), by striking the public health or safety threats); the Intel- tions described under clause (i) and an as- period at the end and inserting ‘‘; and’’; and ligence Identities Protection Act of 1982 (50 sessment described under clause (ii). (3) by adding at the end the following: U.S.C. 421 et seq.) (governing disclosures that ‘‘(B) In any case brought under paragraph ‘‘(D) ‘disclosure’ means a formal or infor- could expose confidential Government (1) in which the Board finds that an em- mal communication or transmission, but agents); and the statutes which protect ployee has committed a prohibited personnel does not include a communication con- against disclosures that could compromise practice under section 2302(b)(8), or 2302(b)(9) cerning policy decisions that lawfully exer- national security, including sections 641, 793, (A)(i), (B), (C), or (D), the Board may impose cise discretionary authority unless the em- 794, 798, and 952 of title 18, United States disciplinary action if the Board finds that ployee or applicant providing the disclosure Code, and section 4(b) of the Subversive Ac- the activity protected under section reasonably believes that the disclosure evi- tivities Control Act of 1950 (50 U.S.C. 783(b)). 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) dences— The definitions, requirements, obligations, was a significant motivating factor, even if ‘‘(i) any violation of any law, rule, or regu- rights, sanctions, and liabilities created by other factors also motivated the decision, for lation, and occurs during the conscientious such Executive order and such statutory pro- the employee’s decision to take, fail to take, carrying out of official duties; or visions are incorporated into this agreement or threaten to take or fail to take a per- ‘‘(ii) gross mismanagement, a gross waste and are controlling.’ ’’. sonnel action, unless that employee dem- of funds, an abuse of authority, or a substan- (2) NONDISCLOSURE POLICY, FORM, OR AGREE- onstrates, by preponderance of evidence, tial and specific danger to public health or MENT IN EFFECT BEFORE THE DATE OF ENACT- that the employee would have taken, failed safety.’’. MENT.—A nondisclosure policy, form, or to take, or threatened to take or fail to take SEC. 103. REBUTTABLE PRESUMPTION. agreement that was in effect before the date the same personnel action, in the absence of Section 2302(b) of title 5, United States of enactment of this Act, but that does not such protected activity.’’. Code, is amended by amending the matter contain the statement required under sec- SEC. 107. REMEDIES. following paragraph (12) to read as follows: tion 2302(b)(13) of title 5, United States Code, (a) ATTORNEY FEES.—Section 1204(m)(1) of ‘‘This subsection shall not be construed to (as added by this Act) for implementation or title 5, United States Code, is amended by authorize the withholding of information enforcement— striking ‘‘agency involved’’ and inserting from Congress or the taking of any personnel (A) may be enforced with regard to a cur- ‘‘agency where the prevailing party was em- action against an employee who discloses in- rent employee if the agency gives such employed or had applied for employment at the formation to Congress. For purposes of para- ployee notice of the statement; and time of the events giving rise to the case’’. graph (8), any presumption relating to the (B) may continue to be enforced after the (b) DAMAGES.—Sections 1214(g)(2) and performance of a duty by an employee whose effective date of this Act with regard to a 1221(g)(1)(A)(ii) of title 5, United States Code,

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2196 CONGRESSIONAL RECORD — SENATE April 6, 2011 are amended by striking all after ‘‘travel ex- section (b)(2) if the Director determines, in (6) the term ‘‘disclosure’’ has the meaning penses,’’ and inserting ‘‘any other reasonable the discretion of the Director, that the given under section 2302(a)(2)(D) of title 5, and foreseeable consequential damages, and Board erred in interpreting a civil service United States Code. compensatory damages (including interest, law, rule, or regulation affecting personnel (b) PROTECTED DISCLOSURE.— reasonable expert witness fees, and costs).’’ management and that the Board’s decision (1) IN GENERAL.—Any disclosure of informa- will have a substantial impact on a civil each place it appears. tion by an employee or applicant for employ- SEC. 108. JUDICIAL REVIEW. service law, rule, regulation, or policy directive. If the Director did not intervene in a ment that the employee or applicant reason- (a) IN GENERAL.—Section 7703(b) of title 5, matter before the Board, the Director may ably believes is evidence of censorship re- United States Code, is amended by striking not petition for review of a Board decision lated to research, analysis, or technical in- the matter preceding paragraph (2) and in- under this section unless the Director first formation— serting the following: petitions the Board for a reconsideration of (A) shall come within the protections of ‘‘(b)(1)(A) Except as provided in subpara- its decision, and such petition is denied. In section 2302(b)(8)(A) of title 5, United States graph (B) and paragraph (2) of this sub- addition to the named respondent, the Board Code, if— section, a petition to review a final order or and all other parties to the proceedings be- (i) the employee or applicant reasonably final decision of the Board shall be filed in fore the Board shall have the right to appear believes that the censorship related to re- the United States Court of Appeals for the in the proceeding before the court of appeals. search, analysis, or technical information is Federal Circuit. Notwithstanding any other The granting of the petition for judicial re- or will cause— provision of law, any petition for review view shall be at the discretion of the court of (I) any violation of law, rule, or regulation, shall be filed within 60 days after the Board appeals.’’. and occurs during the conscientious carrying issues notice of the final order or decision of SEC. 109. PROHIBITED PERSONNEL PRACTICES out of official duties; or the Board. AFFECTING THE TRANSPORTATION (II) gross mismanagement, a gross waste of ‘‘(B) During the 5-year period beginning on SECURITY ADMINISTRATION. funds, an abuse of authority, or a substantial the effective date of the Whistleblower Pro- (a) IN GENERAL.—Chapter 23 of title 5, and specific danger to public health or safe- tection Enhancement Act of 2011, a petition United States Code, is amended— ty; and to review a final order or final decision of (1) by redesignating sections 2304 and 2305 (ii) such disclosure is not specifically pro- the Board that raises no challenge to the as sections 2305 and 2306, respectively; and hibited by law or such information is not Board’s disposition of allegations of a pro- (2) by inserting after section 2303 the fol- specifically required by Executive order to hibited personnel practice described in sec- lowing: be kept classified in the interest of national tion 2302(b) other than practices described in ‘‘§ 2304. Prohibited personnel practices affect- defense or the conduct of foreign affairs; and section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), ing the Transportation Security Adminis- (B) shall come within the protections of or (D) shall be filed in the United States tration section 2302(b)(8)(B) of title 5, United States Court of Appeals for the Federal Circuit or ‘‘(a) IN GENERAL.—Notwithstanding any Code, if— any court of appeals of competent jurisdic- other provision of law, any individual hold- (i) the employee or applicant reasonably tion as provided under paragraph (2).’’. ing or applying for a position within the believes that the censorship related to re- (b) REVIEW OBTAINED BY OFFICE OF PER- Transportation Security Administration search, analysis, or technical information is SONNEL MANAGEMENT.—Section 7703(d) of shall be covered by— or will cause— title 5, United States Code, is amended to ‘‘(1) the provisions of section 2302(b) (1), (8), (I) any violation of law, rule, or regulation, read as follows: and (9); and occurs during the conscientious carrying ‘‘(d)(1) Except as provided under paragraph ‘‘(2) any provision of law implementing out of official duties; or (2), this paragraph shall apply to any review section 2302(b) (1), (8), or (9) by providing any (II) gross mismanagement, a gross waste of obtained by the Director of the Office of Per- right or remedy available to an employee or funds, an abuse of authority, or a substantial sonnel Management. The Director of the Of- applicant for employment in the civil serv- and specific danger to public health or safe- fice of Personnel Management may obtain ice; and ty; and review of any final order or decision of the ‘‘(3) any rule or regulation prescribed (ii) the disclosure is made to the Special Board by filing, within 60 days after the under any provision of law referred to in Counsel, or to the Inspector General of an Board issues notice of the final order or deci- paragraph (1) or (2). agency or another person designated by the sion of the Board, a petition for judicial re- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in head of the agency to receive such disclo- view in the United States Court of Appeals this section shall be construed to affect any sures, consistent with the protection of for the Federal Circuit if the Director deter- rights, apart from those described in sub- sources and methods. mines, in the discretion of the Director, that section (a), to which an individual described (2) DISCLOSURES NOT EXCLUDED.—A disclo- the Board erred in interpreting a civil servin subsection (a) might otherwise be entitled sure shall not be excluded from paragraph (1) ice law, rule, or regulation affecting per- under law.’’. for any reason described under section (b) TECHNICAL AND CONFORMING AMEND- sonnel management and that the Board’s de- 2302(f)(1) or (2) of title 5, United States Code. MENT.—The table of sections for chapter 23 of cision will have a substantial impact on a (3) RULE OF CONSTRUCTION.—Nothing in this title 5, United States Code, is amended by civil service law, rule, regulation, or policy section shall be construed to imply any limi- striking the items relating to sections 2304 directive. If the Director did not intervene in tation on the protections of employees and a matter before the Board, the Director may and 2305, respectively, and by inserting the following: applicants afforded by any other provision of not petition for review of a Board decision law, including protections with respect to under this section unless the Director first ‘‘2304. Prohibited personnel practices affect- any disclosure of information believed to be petitions the Board for a reconsideration of ing the Transportation Secu- evidence of censorship related to research, its decision, and such petition is denied. In rity Administration. analysis, or technical information. addition to the named respondent, the Board ‘‘2305. Responsibility of the Government Ac- and all other parties to the proceedings be- countability Office. SEC. 111. CLARIFICATION OF WHISTLEBLOWER ‘‘2306. Coordination with certain other provi- fore the Board shall have the right to appear RIGHTS FOR CRITICAL INFRASTRUC- sions of law.’’. TURE INFORMATION. in the proceeding before the Court of Ap- (c) EFFECTIVE DATE.—The amendments Section 214(c) of the Homeland Security peals. The granting of the petition for judi- made by this section shall take effect on the cial review shall be at the discretion of the date of enactment of this section. Act of 2002 (6 U.S.C. 133(c)) is amended by Court of Appeals. SEC. 110. DISCLOSURE OF CENSORSHIP RELATED adding at the end the following: ‘‘For pur- ‘‘(2) During the 5-year period beginning on TO RESEARCH, ANALYSIS, OR TECH- poses of this section a permissible use of the effective date of the Whistleblower Pro- NICAL INFORMATION. independently obtained information includes tection Enhancement Act of 2011, this para- (a) DEFINITIONS.—In this subsection— the disclosure of such information under sec- graph shall apply to any review obtained by (1) the term ‘‘agency’’ has the meaning tion 2302(b)(8) of title 5, United States the Director of the Office of Personnel Man- given under section 2302(a)(2)(C) of title 5, Code.’’. agement that raises no challenge to the United States Code; Board’s disposition of allegations of a pro- (2) the term ‘‘applicant’’ means an appli- SEC. 112. ADVISING EMPLOYEES OF RIGHTS. hibited personnel practice described in sec- cant for a covered position; Section 2302(c) of title 5, United States tion 2302(b) other than practices described in (3) the term ‘‘censorship related to re- Code, is amended by inserting ‘‘, including section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), search, analysis, or technical information’’ how to make a lawful disclosure of informa- or (D). The Director of the Office of Per- means any effort to distort, misrepresent, or sonnel Management may obtain review of suppress research, analysis, or technical in- tion that is specifically required by law or any final order or decision of the Board by formation; Executive order to be kept classified in the filing, within 60 days after the Board issues (4) the term ‘‘covered position’’ has the interest of national defense or the conduct of notice of the final order or decision of the meaning given under section 2302(a)(2)(B) of foreign affairs to the Special Counsel, the In- Board, a petition for judicial review in the title 5, United States Code; spector General of an agency, Congress, or United States Court of Appeals for the Fed- (5) the term ‘‘employee’’ means an em- other agency employee designated to receive eral Circuit or any court of appeals of com- ployee in a covered position in an agency; such disclosures’’ after ‘‘chapter 12 of this petent jurisdiction as provided under sub- and title’’.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2197 SEC. 113. SPECIAL COUNSEL AMICUS CURIAE AP- (ii) may continue to be enforced after the ‘‘(k)(1) In this subsection, the term ‘appro- PEARANCE. effective date of this Act with regard to a priate United States district court’, as used Section 1212 of title 5, United States Code, former employee if the agency posts notice with respect to an alleged prohibited per- is amended by adding at the end the fol- of the statement on the agency website for sonnel practice, means the United States dis- lowing: the 1-year period following that effective trict court for the judicial district in ‘‘(h)(1) The Special Counsel is authorized date. which— to appear as amicus curiae in any action (b) PERSONS OTHER THAN GOVERNMENT EM- ‘‘(A) the prohibited personnel practice is brought in a court of the United States re- PLOYEES.—Notwithstanding subsection (a), a alleged to have been committed; or lated to any civil action brought in connec- nondisclosure policy, form, or agreement ‘‘(B) the employee, former employee, or ap- tion with section 2302(b) (8) or (9), or as oth- that is to be executed by a person connected plicant for employment allegedly affected by erwise authorized by law. In any such action, with the conduct of an intelligence or intel- such practice resides. the Special Counsel is authorized to present ligence-related activity, other than an em- ‘‘(2)(A) An employee, former employee, or the views of the Special Counsel with respect ployee or officer of the United States Gov- applicant for employment in any case to to compliance with section 2302(b) (8) or (9) ernment, may contain provisions appropriate which paragraph (3) or (4) applies may file an and the impact court decisions would have to the particular activity for which such doc- action at law or equity for de novo review in on the enforcement of such provisions of law. ument is to be used. Such policy, form, or the appropriate United States district court ‘‘(2) A court of the United States shall agreement shall, at a minimum, require that in accordance with this subsection. grant the application of the Special Counsel the person will not disclose any classified in- ‘‘(B) Upon initiation of any action under to appear in any such action for the purposes formation received in the course of such ac- subparagraph (A), the Board shall stay any described under subsection (a).’’. tivity unless specifically authorized to do so other claims of such employee, former em- SEC. 114. SCOPE OF DUE PROCESS. by the United States Government. Such non- ployee, or applicant pending before the (a) SPECIAL COUNSEL.—Section disclosure policy, form, or agreement shall Board at that time which arise out of the 1214(b)(4)(B)(ii) of title 5, United States Code, also make it clear that such forms do not bar same set of operative facts. Such claims is amended by inserting ‘‘, after a finding disclosures to Congress or to an authorized shall be stayed pending completion of the ac- that a protected disclosure was a contrib- official of an executive agency or the Depart- tion filed under subparagraph (A) before the uting factor,’’ after ‘‘ordered if’’. ment of Justice that are essential to report- appropriate United States district court and (b) INDIVIDUAL ACTION.—Section 1221(e)(2) ing a substantial violation of law, consistent any associated appellate review. of title 5, United States Code, is amended by with the protection of sources and methods. ‘‘(3) This paragraph applies in any case in inserting ‘‘, after a finding that a protected SEC. 116. REPORTING REQUIREMENTS. which— disclosure was a contributing factor,’’ after (a) GOVERNMENT ACCOUNTABILITY OFFICE.— ‘‘(A) an employee, former employee, or ap- ‘‘ordered if’’. (1) REPORT.—Not later than 40 months plicant for employment— SEC. 115. NONDISCLOSURE POLICIES, FORMS, after the date of enactment of this Act, the ‘‘(i) seeks corrective action from the Merit AND AGREEMENTS. Comptroller General shall submit a report to Systems Protection Board under section (a) IN GENERAL.— the Committee on Homeland Security and 1221(a) based on an alleged prohibited per- (1) REQUIREMENT.—Each agreement in Governmental Affairs of the Senate and the sonnel practice described in section 2302(b) Standard Forms 312 and 4414 of the Govern- Committee on Oversight and Government (8) or (9) (A)(i), (B), (C), or (D) for which the ment and any other nondisclosure policy, Reform of the House of Representatives on associated personnel action is an action cov- form, or agreement of the Government shall the implementation of this title. ered under section 7512 or 7542; or contain the following statement: ‘‘These re- (2) CONTENTS.—The report under this para- ‘‘(ii) files an appeal under section 7701(a) strictions are consistent with and do not su- graph shall include— alleging as an affirmative defense the com- persede, conflict with, or otherwise alter the (A) an analysis of any changes in the num- mission of a prohibited personnel practice employee obligations, rights, or liabilities ber of cases filed with the United States described in section 2302(b) (8) or (9) (A)(i), created by Executive Order 13526 (75 Fed. Merit Systems Protection Board alleging (B), (C), or (D) for which the associated per- Reg. 707; relating to classified national secu- violations of section 2302(b) (8) or (9) of title sonnel action is an action covered under sec- rity information), or any successor thereto; 5, United States Code, since the effective tion 7512 or 7542; Executive Order 12968 (60 Fed. Reg. 40245; re- date of this Act; ‘‘(B) no final order or decision is issued by lating to access to classified information), or (B) the outcome of the cases described the Board within 270 days after the date on any successor thereto; section 7211 of title 5, under subparagraph (A), including whether which a request for that corrective action or United States Code (governing disclosures to or not the United States Merit Systems Pro- appeal has been duly submitted, unless the Congress); section 1034 of title 10, United tection Board, the Federal Circuit Court of Board determines that the employee, former States Code (governing disclosure to Con- Appeals, or any other court determined the employee, or applicant for employment en- gress by members of the military); section allegations to be frivolous or malicious; gaged in conduct intended to delay the 2302(b)(8) of title 5, United States Code (gov- (C) an analysis of the outcome of cases de- issuance of a final order or decision by the erning disclosures of illegality, waste, fraud, scribed under subparagraph (A) that were de- Board; and abuse, or public health or safety threats); cided by a United States District Court and ‘‘(C) such employee, former employee, or the Intelligence Identities Protection Act of the impact the process has on the Merit Sys- applicant provides written notice to the 1982 (50 U.S.C. 421 et seq.) (governing disclo- tems Protection Board and the Federal court Board of filing an action under this sub- sures that could expose confidential Govern- system; and section before the filing of that action. ment agents); and the statutes which protect (D) any other matter as determined by the ‘‘(4) This paragraph applies in any case in against disclosure that may compromise the Comptroller General. which— national security, including sections 641, 793, (b) MERIT SYSTEMS PROTECTION BOARD.— ‘‘(A) an employee, former employee, or ap- 794, 798, and 952 of title 18, United States (1) IN GENERAL.—Each report submitted an- plicant for employment— Code, and section 4(b) of the Subversive Ac- nually by the Merit Systems Protection ‘‘(i) seeks corrective action from the Merit tivities Act of 1950 (50 U.S.C. 783(b)). The Board under section 1116 of title 31, United Systems Protection Board under section definitions, requirements, obligations, States Code, shall, with respect to the period 1221(a) based on an alleged prohibited per- rights, sanctions, and liabilities created by covered by such report, include as an adden- sonnel practice described in section 2302(b) such Executive order and such statutory pro- dum the following: (8) or (9) (A)(i), (B), (C), or (D) for which the visions are incorporated into this agreement (A) Information relating to the outcome of associated personnel action is an action cov- and are controlling.’’. cases decided during the applicable year of ered under section 7512 or 7542; or (2) ENFORCEABILITY.— the report in which violations of section ‘‘(ii) files an appeal under section 7701(a)(1) (A) IN GENERAL.—Any nondisclosure policy, 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of alleging as an affirmative defense the com- form, or agreement described under para- title 5, United States Code, were alleged. mission of a prohibited personnel practice graph (1) that does not contain the state- (B) The number of such cases filed in the described in section 2302(b) (8) or (9) (A)(i), ment required under paragraph (1) may not regional and field offices, the number of peti- (B), (C), or (D) for which the associated per- be implemented or enforced to the extent tions for review filed in such cases, and the sonnel action is an action covered under sec- such policy, form, or agreement is incon- outcomes of such cases. tion 7512 or 7542; sistent with that statement. (2) FIRST REPORT.—The first report de- ‘‘(B)(i) within 30 days after the date on (B) NONDISCLOSURE POLICY, FORM, OR scribed under paragraph (1) submitted after which the request for corrective action or AGREEMENT IN EFFECT BEFORE THE DATE OF the date of enactment of this Act shall in- appeal was duly submitted, such employee, ENACTMENT.—A nondisclosure policy, form, clude an addendum required under that sub- former employee, or applicant for employ- or agreement that was in effect before the paragraph that covers the period beginning ment files a motion requesting a certifi- date of enactment of this Act, but that does on January 1, 2009 through the end of the fis- cation consistent with subparagraph (C) to not contain the statement required under cal year 2009. the Board, any administrative law judge ap- paragraph (1)— SEC. 117. ALTERNATIVE REVIEW. pointed by the Board under section 3105 of (i) may be enforced with regard to a cur- (a) IN GENERAL.—Section 1221 of title 5, this title and assigned to the case, or any rent employee if the agency gives such em- United States Code, is amended by adding at employee of the Board designated by the ployee notice of the statement; and the end the following: Board and assigned to the case; and

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(3) in subsection (d)— ‘‘(i) under standard applicable to the re- ‘‘(8) An appeal from a final decision of a (A) in paragraph (1), by striking ‘‘either or view of motions to dismiss under rule 12(b)(6) district court in an action under this sub- both of the intelligence committees’’ and in- of the Federal Rules of Civil Procedure, in- section shall be taken to the Court of Ap- serting ‘‘any of the appropriate commit- cluding rule 12(d), the request for corrective peals for the Federal Circuit or any court of tees’’; and action (including any allegations made with appeals of competent jurisdiction. (B) in paragraphs (2) and (3), by striking the motion under subparagraph (B)) would ‘‘(9) This subsection applies with respect to ‘‘intelligence committees’’ each place that not be subject to dismissal; and any appeal, petition, or other request for term appears and inserting ‘‘appropriate ‘‘(ii)(I) the Board is not likely to dispose of corrective action duly submitted to the committees’’; the case within 270 days after the date on Board, whether under section 1214(b)(2), the (4) in subsection (h)— which a request for that corrective action preceding provisions of this section, section (A) in paragraph (1)— has been duly submitted; or 7513(d), section 7701, or any otherwise appli- (i) in subparagraph (A), by striking ‘‘intel- ‘‘(II) the case— cable provisions of law, rule, or regulation.’’. ligence’’; and ‘‘(aa) consists of multiple claims; (b) SUNSET.— (ii) in subparagraph (B), by inserting ‘‘or ‘‘(bb) requires complex or extensive dis- (1) IN GENERAL.—Except as provided under an activity involving classified information’’ covery; paragraph (2), the amendments made by this after ‘‘an intelligence activity’’; and ‘‘(cc) arises out of the same set of opera- section shall cease to have effect 5 years (B) by striking paragraph (2), and inserting tive facts as any civil action against the after the effective date of this Act. the following: Government filed by the employee, former (2) PENDING CLAIMS.—The amendments ‘‘(2) The term ‘appropriate committees’ employee, or applicant pending in a Federal made by this section shall continue to apply means the Permanent Select Committee on court; or with respect to any claim pending before the Intelligence of the House of Representatives ‘‘(dd) involves a novel question of law. Board on the last day of the 5-year period de- and the Select Committee on Intelligence of ‘‘(5) The Board shall grant or deny any mo- scribed under paragraph (1). the Senate, except that with respect to dis- tion requesting a certification described SEC. 118. MERIT SYSTEMS PROTECTION BOARD closures made by employees described in under paragraph (4)(ii) within 90 days after SUMMARY JUDGMENT. subsection (a)(1)(D), the term ‘appropriate the submission of such motion and the Board (a) IN GENERAL.—Section 1204(b) of title 5, committees’ means the committees of appro- may not issue a decision on the merits of a United States Code, is amended— priate jurisdiction.’’. request for corrective action within 15 days (1) by redesignating paragraph (3) as para- SEC. 120. WHISTLEBLOWER PROTECTION OM- after granting or denying a motion request- graph (4); BUDSMAN. ing certification. (a) IN GENERAL.—Section 3 of the Inspector ‘‘(6)(A) Any decision of the Board, any ad- (2) by inserting after paragraph (2) the following: General Act of 1978 (5 U.S.C. App.) is amend- ministrative law judge appointed by the ed by striking subsection (d) and inserting Board under section 3105 of this title and as- ‘‘(3) With respect to a request for corrective action based on an alleged prohibited the following: signed to the case, or any employee of the ‘‘(d)(1) Each Inspector General shall, in ac- Board designated by the Board and assigned personnel practice described in section 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for cordance with applicable laws and regula- to the case to grant or deny a certification tions governing the civil service— described under paragraph (4)(ii) shall be re- which the associated personnel action is an action covered under section 7512 or 7542, the ‘‘(A) appoint an Assistant Inspector Gen- viewed on appeal of a final order or decision eral for Auditing who shall have the respon- of the Board under section 7703 only if— Board, any administrative law judge appointed by the Board under section 3105 of sibility for supervising the performance of ‘‘(i) a motion requesting a certification auditing activities relating to programs and was denied; and this title, or any employee of the Board designated by the Board may, with respect to operations of the establishment; ‘‘(ii) the reviewing court vacates the deci- ‘‘(B) appoint an Assistant Inspector Gen- sion of the Board on the merits of the claim any party, grant a motion for summary judgment when the Board or the administrative eral for Investigations who shall have the re- under the standards set forth in section sponsibility for supervising the performance 7703(c). law judge determines that there is no genuine issue as to any material fact and that of investigative activities relating to such ‘‘(B) The decision to deny the certification programs and operations; and shall be overturned by the reviewing court, the moving party is entitled to a judgment as a matter of law.’’. ‘‘(C) designate a Whistleblower Protection and an order granting certification shall be Ombudsman who shall educate agency em- (b) SUNSET.— issued by the reviewing court, if such deci- ployees— sion is found to be arbitrary, capricious, or (1) IN GENERAL.—Except as provided under paragraph (2), the amendments made by this ‘‘(i) about prohibitions on retaliation for an abuse of discretion. protected disclosures; and ‘‘(C) The reviewing court’s decision shall section shall cease to have effect 5 years after the effective date of this Act. ‘‘(ii) who have made or are contemplating not be considered evidence of any determina- making a protected disclosure about the (2) PENDING CLAIMS.—The amendments tion by the Board, any administrative law rights and remedies against retaliation for judge appointed by the Board under section made by this section shall continue to apply with respect to any claim pending before the protected disclosures. 3105 of this title, or any employee of the ‘‘(2) The Whistleblower Protection Om- Board on the last day of the 5-year period de- Board designated by the Board on the merits budsman shall not act as a legal representa- scribed under paragraph (1). of the underlying allegations during the tive, agent, or advocate of the employee or course of any action at law or equity for de SEC. 119. DISCLOSURES OF CLASSIFIED INFOR- former employee. novo review in the appropriate United States MATION. ‘‘(3) For the purposes of this section, the district court in accordance with this sub- (a) PROHIBITED PERSONNEL PRACTICES.— requirement of the designation of a Whistle- section. Section 2302(b)(8) of title 5, United States blower Protection Ombudsman under para- ‘‘(7) In any action filed under this sub- Code, is amended— graph (1)(C) shall not apply to— section— (1) in subparagraph (A), by striking ‘‘or’’ ‘‘(A) any agency that is an element of the ‘‘(A) the district court shall have jurisdic- after the semicolon; intelligence community (as defined in section without regard to the amount in con- (2) in subparagraph (B), by adding ‘‘or’’ tion 3(4) of the National Security Act of 1947 troversy; after the semicolon; and (50 U.S.C. 401a(4))); or ‘‘(B) at the request of either party, such (3) by adding at the end the following: ‘‘(B) as determined by the President, any action shall be tried by the court with a ‘‘(C) any communication that complies executive agency or unit thereof the prin- jury; with subsection (a)(1), (d), or (h) of section cipal function of which is the conduct of for- ‘‘(C) the court— 8H of the Inspector General Act of 1978 (5 eign intelligence or counter intelligence ac- ‘‘(i) subject to clause (iii), shall apply the U.S.C. App);’’. tivities.’’. standards set forth in subsection (e); and (b) INSPECTOR GENERAL ACT OF 1978.—Sec- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) may award any relief which the court tion 8H of the Inspector General Act of 1978 MENT.—Section 8D(j) of the Inspector Gen- considers appropriate under subsection (g), (5 U.S.C. App) is amended— eral Act of 1978 (5 U.S.C. App.) is amended— except— (1) in subsection (a)(1), by adding at the (1) by striking ‘‘section 3(d)(1)’’ and insert- ‘‘(I) relief for compensatory damages may end the following: ing ‘‘section 3(d)(1)(A)’’; and not exceed $300,000; and ‘‘(D) An employee of any agency, as that (2) by striking ‘‘section 3(d)(2)’’ and insert- ‘‘(II) relief may not include punitive dam- term is defined under section 2302(a)(2)(C) of ing ‘‘section 3(d)(1)(B)’’. ages; and title 5, United States Code, who intends to (c) SUNSET.—

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(1) IN GENERAL.—The amendments made by regulations related to section 2303, codified ‘‘(F) for the use of information specifically this section shall cease to have effect on the in part 27 of the Code of Federal Regula- required by Executive order to be kept clas- date that is 5 years after the date of enact- tions.’’. sified in the interest of national defense or ment of this Act. (b) TECHNICAL AND CONFORMING AMEND- the conduct of foreign affairs in a manner (2) RETURN TO PRIOR AUTHORITY.—Upon the MENT.—The table of sections for chapter 23 of consistent with the interests of national se- date described in paragraph (1), section 3(d) title 5, United States Code, is amended by in- curity, including ex parte submissions if the and section 8D(j) of the Inspector General serting after the item relating to section 2303 agency determines that the interests of na- Act of 1978 (5 U.S.C. App.) shall read as such the following: tional security so warrant; and sections read on the day before the date of ‘‘2303A. Prohibited personnel practices in the ‘‘(G) that the employee or former employee enactment of this Act. intelligence community.’’. shall have no right to compel the production TITLE II—INTELLIGENCE COMMUNITY SEC. 202. REVIEW OF SECURITY CLEARANCE OR of information specifically required by Exec- WHISTLEBLOWER PROTECTIONS ACCESS DETERMINATIONS. utive order to be kept classified in the inter- SEC. 201. PROTECTION OF INTELLIGENCE COM- (a) IN GENERAL.—Section 3001(b) of the In- est of national defense or the conduct of for- MUNITY WHISTLEBLOWERS. telligence Reform and Terrorism Prevention eign affairs, except evidence necessary to es- (a) IN GENERAL.—Chapter 23 of title 5, Act of 2004 (50 U.S.C. 435b(b)) is amended— tablish that the employee made the disclo- United States Code, is amended by inserting (1) in the matter preceding paragraph (1), sure or communication such employee al- after section 2303 the following: by striking ‘‘Not’’ and inserting ‘‘Except as leges was protected by subparagraphs (A), otherwise provided, not’’; ‘‘§ 2303A. Prohibited personnel practices in (B), and (C) of subsection (j)(1).’’. (2) in paragraph (5), by striking ‘‘and’’ the intelligence community (b) RETALIATORY REVOCATION OF SECURITY after the semicolon; ‘‘(a) DEFINITIONS.—In this section— CLEARANCES AND ACCESS DETERMINATIONS.— (3) in paragraph (6), by striking the period Section 3001 of the Intelligence Reform and ‘‘(1) the term ‘agency’ means an executive at the end and inserting ‘‘; and’’; and department or independent establishment, as Terrorism Prevention Act of 2004 (50 U.S.C. (4) by inserting after paragraph (6) the fol- 435b) is amended by adding at the end the defined under sections 101 and 104, that con- lowing: following: tains an intelligence community element, ‘‘(7) not later than 180 days after the date except the Federal Bureau of Investigation; of enactment of the Whistleblower Protec- ‘‘(j) RETALIATORY REVOCATION OF SECURITY ‘‘(2) the term ‘intelligence community ele- tion Enhancement Act of 2011— CLEARANCES AND ACCESS DETERMINATIONS.— ment’— ‘‘(A) developing policies and procedures ‘‘(1) IN GENERAL.—Agency personnel with ‘‘(A) means— that permit, to the extent practicable, indi- authority over personnel security clearance ‘‘(i) the Central Intelligence Agency, the viduals who challenge in good faith a deter- or access determinations shall not take or Defense Intelligence Agency, the National mination to suspend or revoke a security fail to take, or threaten to take or fail to Geospatial-Intelligence Agency, the National clearance or access to classified information take, any action with respect to any employ- Security Agency, the Office of the Director to retain their government employment sta- ee’s security clearance or access determina- of National Intelligence, and the National tus while such challenge is pending; and tion because of— Reconnaissance Office; and ‘‘(B) developing and implementing uniform ‘‘(A) any disclosure of information to the ‘‘(ii) any executive agency or unit thereof and consistent policies and procedures to en- Director of National Intelligence (or an em- determined by the President under section sure proper protections during the process ployee designated by the Director of Na- 2302(a)(2)(C)(ii) of title 5, United States Code, for denying, suspending, or revoking a secu- tional Intelligence for such purpose) or the to have as its principal function the conduct rity clearance or access to classified infor- head of the employing agency (or employee of foreign intelligence or counterintelligence mation, including the provision of a right to designated by the head of that agency for activities; and appeal such a denial, suspension, or revoca- such purpose) by an employee that the em- ‘‘(B) does not include the Federal Bureau tion, except that there shall be no appeal of ployee reasonably believes evidences— of Investigation; and an agency’s suspension of a security clear- ‘‘(i) a violation of any law, rule, or regula- ‘‘(3) the term ‘personnel action’ means any ance or access determination for purposes of tion, and occurs during the conscientious action described in clauses (i) through (x) of conducting an investigation, if that suspen- carrying out of official duties; or section 2302(a)(2)(A) with respect to an em- sion lasts no longer than 1 year or the head ‘‘(ii) gross mismanagement, a gross waste ployee in a position in an intelligence com- of the agency certifies that a longer suspen- of funds, an abuse of authority, or a substan- munity element (other than a position of a sion is needed before a final decision on de- tial and specific danger to public health or confidential, policy-determining, policy- nial or revocation to prevent imminent harm safety; making, or policy-advocating character). to the national security. ‘‘(B) any disclosure to the Inspector Gen- ‘‘(b) IN GENERAL.—Any employee of an ‘‘Any limitation period applicable to an eral of an agency or another employee des- agency who has authority to take, direct agency appeal under paragraph (7) shall be ignated by the head of the agency to receive others to take, recommend, or approve any tolled until the head of the agency (or in the such disclosures, of information which the personnel action, shall not, with respect to case of any component of the Department of employee reasonably believes evidences— such authority, take or fail to take a per- Defense, the Secretary of Defense) deter- ‘‘(i) a violation of any law, rule, or regula- sonnel action with respect to any employee mines, with the concurrence of the Director tion, and occurs during the conscientious of an intelligence community element as a of National Intelligence, that the policies carrying out of official duties; or reprisal for a disclosure of information by and procedures described in paragraph (7) ‘‘(ii) gross mismanagement, a gross waste the employee to the Director of National In- have been established for the agency or the of funds, an abuse of authority, or a substan- telligence (or an employee designated by the Director of National Intelligence for such Director of National Intelligence promul- tial and specific danger to public health or purpose), or to the head of the employing gates the policies and procedures under para- safety; agency (or an employee designated by the graph (7). The policies and procedures for ap- ‘‘(C) any communication that complies head of that agency for such purpose), which peals developed under paragraph (7) shall be with— the employee reasonably believes evi- comparable to the policies and procedures ‘‘(i) subsection (a)(1), (d), or (h) of section dences— pertaining to prohibited personnel practices 8H of the Inspector General Act of 1978 (5 ‘‘(1) a violation of any law, rule, or regula- defined under section 2302(b)(8) of title 5, U.S.C. App.); tion, except for an alleged violation that oc- United States Code, and provide— ‘‘(ii) subsection (d)(5)(A), (D), or (G) of sec- curs during the conscientious carrying out of ‘‘(A) for an independent and impartial fact- tion 17 of the Central Intelligence Agency official duties; or finder; Act of 1949 (50 U.S.C. 403q); or ‘‘(2) mismanagement, a gross waste of ‘‘(B) for notice and the opportunity to be ‘‘(iii) subsection (k)(5)(A), (D), or (G), of funds, an abuse of authority, or a substantial heard, including the opportunity to present section 103H of the National Security Act of and specific danger to public health or safe- relevant evidence, including witness testi- 1947 (50 U.S.C. 403–3h); ty. mony; ‘‘(D) the exercise of any appeal, complaint, ‘‘(c) ENFORCEMENT.—The President shall ‘‘(C) that the employee or former employee or grievance right granted by any law, rule, provide for the enforcement of this section in may be represented by counsel; or regulation; a manner consistent with applicable provi- ‘‘(D) that the employee or former employee ‘‘(E) testifying for or otherwise lawfully sions of sections 1214 and 1221. has a right to a decision based on the record assisting any individual in the exercise of ‘‘(d) EXISTING RIGHTS PRESERVED.—Noth- developed during the appeal; any right referred to in subparagraph (D); or ing in this section shall be construed to— ‘‘(E) that not more than 180 days shall pass ‘‘(F) cooperating with or disclosing infor- ‘‘(1) preempt or preclude any employee, or from the filing of the appeal to the report of mation to the Inspector General of an agen- applicant for employment, at the Federal the impartial fact-finder to the agency head cy, in accordance with applicable provisions Bureau of Investigation from exercising or the designee of the agency head, unless— of law in connection with an audit, inspec- rights currently provided under any other ‘‘(i) the employee and the agency con- tion, or investigation conducted by the In- law, rule, or regulation, including section cerned agree to an extension; or spector General, 2303; ‘‘(ii) the impartial fact-finder determines if the actions described under subparagraphs ‘‘(2) repeal section 2303; or in writing that a greater period of time is re- (D) through (F) do not result in the employee ‘‘(3) provide the President or Director of quired in the interest of fairness or national or applicant unlawfully disclosing informa- National Intelligence the authority to revise security; tion specifically required by Executive order

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to be kept classified in the interest of na- ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR- Board may recommend, but may not order, tional defense or the conduct of foreign af- ANCE ACCESS DETERMINATIONS BY DIRECTOR OF reinstatement or hiring of a former em- fairs. NATIONAL INTELLIGENCE.— ployee. The Board may order that the former ‘‘(2) RULE OF CONSTRUCTION.—Consistent ‘‘(A) DEFINITION.—In this paragraph, the employee be treated as though the employee with the protection of sources and methods, term ‘Board’ means the appellate review were transferring from the most recent posi- nothing in paragraph (1) shall be construed board established under section 204 of the tion held when seeking other positions with- to authorize the withholding of information Whistleblower Protection Enhancement Act in the executive branch. Any corrective ac- from the Congress or the taking of any per- of 2011. tion shall not include the reinstating of any sonnel action against an employee who dis- ‘‘(B) APPEAL.—Within 60 days after receiv- security clearance or access determination. closes information to the Congress. ing notice of an adverse final agency deter- The agency head shall take the actions so or- ‘‘(3) DISCLOSURES.— mination under a proceeding under para- dered within 90 days, unless the Director of ‘‘(A) IN GENERAL.—A disclosure shall not be graph (4), an employee or former employee National Intelligence, the Secretary of En- excluded from paragraph (1) because— may appeal that determination to the Board. ergy, or the Secretary of Defense, in the case ‘‘(i) the disclosure was made to a person, ‘‘(C) POLICIES AND PROCEDURES.—The of any component of the Department of De- including a supervisor, who participated in Board, in consultation with the Attorney fense, determines that doing so would endan- an activity that the employee reasonably be- General, Director of National Intelligence, ger national security. lieved to be covered by paragraph (1)(A)(ii); and the Secretary of Defense, shall develop ‘‘(ii) RECOMMENDED ACTION.—If the Board ‘‘(ii) the disclosure revealed information and implement policies and procedures for finds that reinstating the employee or that had been previously disclosed; adjudicating the appeals authorized by sub- former employee’s security clearance or ac- ‘‘(iii) of the employee’s motive for making paragraph (B). The Director of National In- cess determination is clearly consistent with the disclosure; telligence and Secretary of Defense shall the interests of national security, it shall ‘‘(iv) the disclosure was not made in writ- jointly approve any rules, regulations, or recommend such action to the head of the ing; guidance issued by the Board concerning the entity selected under subsection (b) and the ‘‘(v) the disclosure was made while the em- procedures for the use or handling of classi- head of the affected agency. ployee was off duty; or fied information. ‘‘(I) CONGRESSIONAL NOTIFICATION.— ‘‘(vi) of the amount of time which has ‘‘(D) REVIEW.—The Board’s review shall be ‘‘(i) ORDERS.—Consistent with the protec- passed since the occurrence of the events deon the complete agency record, which shall tion of sources and methods, at the time the scribed in the disclosure. be made available to the Board. The Board Board issues an order, the Chairperson of the ‘‘(B) REPRISALS.—If a disclosure is made may not hear witnesses or admit additional Board shall notify— during the normal course of duties of an em- evidence. Any portions of the record that ‘‘(I) the Committee on Homeland Security ployee, the disclosure shall not be excluded were submitted ex parte during the agency and Government Affairs of the Senate; from paragraph (1) if any employee who has proceedings shall be submitted ex parte to ‘‘(II) the Select Committee on Intelligence authority to take, direct others to take, rec- the Board. of the Senate; ommend, or approve any personnel action ‘‘(E) FURTHER FACT-FINDING OR IMPROPER ‘‘(III) the Committee on Oversight and with respect to the employee making the dis- DENIAL.—If the Board concludes that further Government Reform of the House of Rep- closure, took, failed to take, or threatened fact-finding is necessary or finds that the resentatives; to take or fail to take a personnel action agency improperly denied the employee or ‘‘(IV) the Permanent Select Committee on with respect to that employee in reprisal for former employee the opportunity to present Intelligence of the House of Representatives; the disclosure. evidence that, if admitted, would have a sub- and ‘‘(4) AGENCY ADJUDICATION.— stantial likelihood of altering the outcome, ‘‘(V) the committees of the Senate and the ‘‘(A) REMEDIAL PROCEDURE.—An employee the Board shall remand the matter to the House of Representatives that have jurisdic- or former employee who believes that he or agency from which it originated for addition over the employing agency, including in she has been subjected to a reprisal prohib- tional proceedings in accordance with the the case of a final order or decision of the ited by paragraph (1) of this subsection may, rules of procedure issued by the Board. Defense Intelligence Agency, the National within 90 days after the issuance of notice of ‘‘(F) DE NOVO DETERMINATION.—The Board such decision, appeal that decision within shall make a de novo determination, based Geospatial-Intelligence Agency, the National the agency of that employee or former em- on the entire record and under the standards Security Agency, or the National Reconnais- ployee through proceedings authorized by specified in paragraph (4), of whether the em- sance Office, the Committee on Armed Serv- paragraph (7) of subsection (a), except that ployee or former employee received an ad- ices of the Senate and the Committee on there shall be no appeal of an agency’s sus- verse security clearance or access deter- Armed Services of the House of Representa- pension of a security clearance or access de- mination in violation of paragraph (1). In tives. termination for purposes of conducting an considering the record, the Board may weigh ‘‘(ii) RECOMMENDATIONS.—If the agency investigation, if that suspension lasts not the evidence, judge the credibility of wit- head and the head of the entity selected longer than 1 year (or a longer period in ac- nesses, and determine controverted ques- under subsection (b) do not follow the cordance with a certification made under tions of fact. In doing so, the Board may con- Board’s recommendation to reinstate a subsection (b)(7)). sider the prior fact-finder’s opportunity to clearance, the head of the entity selected ‘‘(B) CORRECTIVE ACTION.—If, in the course see and hear the witnesses. under subsection (b) shall notify the com- of proceedings authorized under subpara- ‘‘(G) ADVERSE SECURITY CLEARANCE OR AC- mittees described in subclauses (I) through graph (A), it is determined that the adverse CESS DETERMINATION.—If the Board finds that (V) of clause (i). security clearance or access determination the adverse security clearance or access de- ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec- violated paragraph (1) of this subsection, the termination violated paragraph (1), it shall tion shall be construed to permit or require agency shall take specific corrective action then separately determine whether rein- judicial review of any— to return the employee or former employee, stating the security clearance or access de- ‘‘(A) agency action under this section; or as nearly as practicable and reasonable, to termination is clearly consistent with the ‘‘(B) action of the appellate review board the position such employee or former em- interests of national security, with any established under section 204 of the Whistle- ployee would have held had the violation not doubt resolved in favor of national security, blower Protection Enhancement Act of 2011. occurred. Such corrective action shall in- under Executive Order 12968 (60 Fed. Reg. ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in clude reasonable attorney’s fees and any 40245; relating to access to classified infor- this section shall be construed to permit, au- other reasonable costs incurred, and may in- mation) or any successor thereto (including thorize, or require a private cause of action clude back pay and related benefits, travel any adjudicative guidelines promulgated to challenge the merits of a security clear- expenses, and compensatory damages not to under such orders) or any subsequent Execu- ance determination.’’. exceed $300,000. tive order, regulation, or policy concerning (c) ACCESS DETERMINATION DEFINED.—Sec- ‘‘(C) CONTRIBUTING FACTOR.—In deter- access to classified information. tion 3001(a) of the Intelligence Reform and mining whether the adverse security clear- ‘‘(H) REMEDIES.— Terrorism Prevention Act of 2004 (50 U.S.C. ance or access determination violated para- ‘‘(i) CORRECTIVE ACTION.—If the Board finds 435b(a)) is amended by adding at the end the graph (1) of this subsection, the agency shall that the adverse security clearance or access following: find that paragraph (1) of this subsection was determination violated paragraph (1), it ‘‘(9) The term ‘access determination’ violated if a disclosure described in para- shall order the agency head to take specific means the process for determining whether graph (1) was a contributing factor in the ad- corrective action to return the employee or an employee— verse security clearance or access deter- former employee, as nearly as practicable ‘‘(A) is eligible for access to classified in- mination taken against the individual, un- and reasonable, to the position such em- formation in accordance with Executive less the agency demonstrates by a prepon- ployee or former employee would have held Order 12968 (60 Fed. Reg. 40245; relating to ac- derance of the evidence that it would have had the violation not occurred. Such correc- cess to classified information), or any suc- taken the same action in the absence of such tive action shall include reasonable attor- cessor thereto, and Executive Order 10865 (25 disclosure, giving the utmost deference to ney’s fees and any other reasonable costs in- Fed. Reg. 1583; relating to safeguarding clas- the agency’s assessment of the particular curred, and may include back pay and re- sified information with industry); and threat to the national security interests of lated benefits, travel expenses, and compen- ‘‘(B) possesses a need to know under that the United States in the instant matter. satory damages not to exceed $300,000. The Order.’’.

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(d) RULE OF CONSTRUCTION.—Nothing in (B) the Select Committee on Intelligence (ii) determines that the procedures pre- section 3001 of the Intelligence Reform and of the Senate; scribed in other provisions of law that au- Terrorism Prevention Act of 2004 (50 U.S.C. (C) the Committee on Oversight and Gov- thorize the termination of the employment 435b), as amended by this Act, shall be con- ernment Reform of the House of Representa- of such employee cannot be invoked in a strued to require the repeal or replacement tives; and manner consistent with the national secu- of agency appeal procedures implementing (D) the Permanent Select Committee on rity; and Executive Order 12968 (60 Fed. Reg. 40245; re- Intelligence of the House of Representatives; (iii) not later than 5 days after such termi- lating to classified national security infor- and nation, notifies the congressional oversight mation), or any successor thereto, and Exec- (2) the term ‘‘intelligence community ele- committees of the termination; utive Order 10865 (25 Fed. Reg. 1583; relating ment’’— (3) the authority of the Director of the to safeguarding classified information with (A) means— Central Intelligence Agency under section industry), or any successor thereto, that (i) the Central Intelligence Agency, the De- 104A(e) of the National Security Act of 1947 meet the requirements of section 3001(b)(7) of fense Intelligence Agency, the National (50 U.S.C. 403–4a(e)), if— such Act, as so amended. Geospatial-Intelligence Agency, the National (A) the Director personally summarily ter- SEC. 203. REVISIONS RELATING TO THE INTEL- Security Agency, the Office of the Director minates the individual; and LIGENCE COMMUNITY WHISTLE- of National Intelligence, and the National (B) the Director— BLOWER PROTECTION ACT. Reconnaissance Office; and (i) determines the termination to be in the (a) IN GENERAL.—Section 8H of the Inspec- (ii) any executive agency or unit thereof interest of the United States; tor General Act of 1978 (5 U.S.C. App.) is determined by the President under section (ii) determines that the procedures pre- amended— 2302(a)(2)(C)(ii) of title 5, United States Code, scribed in other provisions of law that au- (1) in subsection (b)— to have as its principal function the conduct thorize the termination of the employment (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and of foreign intelligence or counterintelligence of such employee cannot be invoked in a (B) by adding at the end the following: ‘‘(2) If the head of an establishment deter- activities; and manner consistent with the national secu- mines that a complaint or information (B) does not include the Federal Bureau of rity; and transmitted under paragraph (1) would cre- Investigation. (iii) not later than 5 days after such termi- ate a conflict of interest for the head of the (b) REGULATIONS.— nation, notifies the congressional oversight establishment, the head of the establishment (1) IN GENERAL.—The Director of National committees of the termination; or shall return the complaint or information to Intelligence shall prescribe regulations to (4) section 7532 of title 5, United States the Inspector General with that determina- ensure that a personnel action shall not be Code, if— tion and the Inspector General shall make taken against an employee of an intelligence (A) the agency head personally terminates the transmission to the Director of National community element as a reprisal for any dis- the individual; and Intelligence. In such a case, the require- closure of information described in section (B) the agency head— ments of this section for the head of the es- 2303A(b) of title 5, United States Code, as (i) determines the termination to be in the tablishment apply to the recipient of the In- added by this Act. interest of the United States; spector General’s transmission. The Director (2) APPELLATE REVIEW BOARD.—Not later (ii) determines that the procedures pre- of National Intelligence shall consult with than 180 days after the date of enactment of scribed in other provisions of law that au- the members of the appellate review board this Act, the Director of National Intel- thorize the termination of the employment established under section 204 of the Whistle- ligence, in consultation with the Secretary of such employee cannot be invoked in a blower Protection Enhancement Review Act of Defense, the Attorney General, and the manner consistent with the national secu- of 2011 regarding all transmissions under this heads of appropriate agencies, shall establish rity; and paragraph.’’; an appellate review board that is broadly (iii) not later than 5 days after such termi- (2) by designating subsection (h) as sub- representative of affected Departments and nation, notifies the congressional oversight section (i); and agencies and is made up of individuals with committees of the termination. (3) by inserting after subsection (g), the expertise in merit systems principles and na- TITLE III—SAVINGS CLAUSE; EFFECTIVE following: tional security issues— DATE ‘‘(h) An individual who has submitted a (A) to hear whistleblower appeals related SEC. 301. SAVINGS CLAUSE. complaint or information to an Inspector to security clearance access determinations Nothing in this Act shall be construed to General under this section may notify any described in section 3001(j) of the Intel- imply any limitation on any protections af- member of Congress or congressional staff ligence Reform and Terrorism Prevention forded by any other provision of law to em- member of the fact that such individual has Act of 2004 (50 U.S.C. 435b), as added by this ployees and applicants. made a submission to that particular Inspec- Act; and tor General, and of the date on which such (B) that shall include a subpanel that re- SEC. 302. EFFECTIVE DATE. submission was made.’’. flects the composition of the intelligence This Act shall take effect 30 days after the (b) CENTRAL INTELLIGENCE AGENCY.—Sec- committee, which shall be composed of intel- date of enactment of this Act. tion 17(d)(5) of the Central Intelligence Agen- ligence community elements and inspectors cy Act of 1949 (50 U.S.C. 403q) is amended— general from intelligence community ele- By Mr. CARDIN (for himself, Mrs. (1) in subparagraph (B)— ments, for the purpose of hearing cases that FEINSTEIN, Mr. LIEBERMAN, and (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and arise in elements of the intelligence commu- Mr. KERRY): (B) by adding at the end the following: nity. S. 744. A bill to authorize certain De- ‘‘(ii) If the Director determines that a com- (c) REPORT ON THE STATUS OF IMPLEMENTA- partment of State personnel, who are plaint or information transmitted under TION OF REGULATIONS.—Not later than 2 paragraph (1) would create a conflict of in- responsible for examining and proc- years after the date of enactment of this essing United States passport applica- terest for the Director, the Director shall re- Act, the Director of National Intelligence turn the complaint or information to the In- tions, to access relevant information in shall submit a report on the status of the im- spector General with that determination and plementation of the regulations promulgated Federal, State, and other records and the Inspector General shall make the trans- under subsection (b) to the congressional databases, for the purpose of verifying mission to the Director of National Intel- oversight committees. the identity of a passport applicant and ligence. In such a case the requirements of detecting passport fraud, and for other this subsection for the Director apply to the (d) NONAPPLICABILITY TO CERTAIN TERMI- recipient of the Inspector General’s submis- NATIONS.—Section 2303A of title 5, United purposes; to the Committee on the Ju- sion; and’’; and States Code, as added by this Act, and sec- diciary. (2) by adding at the end the following: tion 3001 of the Intelligence Reform and Ter- Mr. CARDIN. Mr. President, this ‘‘(H) An individual who has submitted a rorism Prevention Act of 2004 (50 U.S.C. weekend I know that Marylanders will complaint or information to the Inspector 435b), as amended by this Act, shall not be taking advantage of Passport Day General under this section may notify any apply to adverse security clearance or access determinations if the affected employee is this Saturday, April 9. During these member of Congress or congressional staff weekend hours at our passport accept- member of the fact that such individual has concurrently terminated under— made a submission to the Inspector General, (1) section 1609 of title 10, United States ance facilities in Maryland, my con- and of the date on which such submission Code; stituents will have the ability to renew was made.’’. (2) the authority of the Director of Na- their passports or apply for a new pass- SEC. 204. REGULATIONS; REPORTING REQUIRE- tional Intelligence under section 102A(m) of port, as we get ready for the summer MENTS; NONAPPLICABILITY TO CER- the National Security Act of 1947 (50 U.S.C. travel season. TAIN TERMINATIONS. 403–1(m)), if— When Marylanders apply for and ulti- (a) DEFINITIONS.—In this section— (A) the Director personally summarily ter- (1) the term ‘‘congressional oversight com- minates the individual; and mately receive their passports, I want mittees’’ means the— (B) the Director— them to continue to have confidence (A) the Committee on Homeland Security (i) determines the termination to be in the that the U.S. passport is the gold and Government Affairs of the Senate; interest of the United States; standard for identification. It certifies

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2202 CONGRESSIONAL RECORD — SENATE April 6, 2011 an individual’s identity and U.S. citi- formation, and to ensure that per- ‘‘SEC. 4501. IMPOSITION OF TAX. zenship, and allows the passport holder sonnel involved in the passport ‘‘(a) TAX IMPOSED.—There is hereby im- to travel in and out of the United issuance process only access this infor- posed on any payment made to a qualified States and to foreign countries. It al- mation for authorized purposes. These person pursuant to a contract with the Gov- ernment of the United States a tax equal to lows the passport holder to obtain fur- are very important privacy and secu- 0.50 percent of the amount paid. ther identification documents, and to rity protections in this legislation. ‘‘(b) LIMITATION.—The aggregate amount of set up bank accounts. The legislation also requires the Sec- tax imposed under subsection (a) for any cal- The U.S. Government simply cannot retary of State to conduct a formal endar year shall not exceed $500,000. allow U.S. passports to be issued in study examining whether biometric in- ‘‘(c) QUALIFIED PERSON.—For purposes of this country on the basis of fraudulent formation and technology can be used this section, the term ‘qualified person’ documents. There is too much at stake. to enhance the ability to verify the means any person which— Unfortunately, hearings that I have ‘‘(1) is not a State or local government, a identity of a passport applicant and to foreign nation, or an organization described chaired in the last Congress have con- detect passport fraud. in section 501(c)(3) which is exempt from tax- vinced me that we have serious vulner- I understand that the American peo- ation under section 501(a), and abilities in our passport issuance proc- ple can become concerned when their ‘‘(2) has contracts with the Government of ess that need to be closed quickly. travel plans, whether for leisure or the United States with a value in excess of Nearly two years ago, on May 5, 2009, business, are linked to their ability to $10,000,000. I chaired a Judiciary Terrorism Sub- obtain a passport in a timely fashion. ‘‘(d) PAYMENT OF TAX.—The tax imposed by committee hearing entitled ‘‘The Pass- My legislation would not lengthen the this section shall be paid by the person receiving such payment. port Issuance Process: Closing the Door average amount of time it takes U.S. to Fraud.’’ During the hearing last ‘‘(e) USE OF REVENUE GENERATED BY TAX.— citizens to obtain passports. We have It is the sense of the Senate that amounts year, we learned about a Government got to get this right, and it is not sim- equivalent to the revenue generated by the Accountability Office, GAO, under- ply a question of process, techniques, tax imposed under this chapter should be ap- cover investigation that had been re- and training. We need to make sure propriated for the financing of a Fair Elec- quested by Senators KYL and FEINSTEIN that the agencies that are responsible tions Fund and used for the public financing to test the effectiveness of the passport for processing passport application of Senate elections.’’. issuance process, and to determine documents are concerned about na- (b) CONFORMING AMENDMENT.—The table of chapter of the Internal Revenue Code of 1986 whether malicious individuals such as tional security as well as customer terrorists, spies, or other criminals is amended by inserting after the item relat- service, and we need to make sure they ing to chapter 36 the following: could use counterfeit documents to ob- have the legal authorities, the retain a genuine U.S. passport. What we ‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT sources, and the technology they need TO CERTAIN GOVERNMENT CONTRACTS’’. learned from GAO was that ‘‘terrorists to verify the identity of a passport ap- or criminals could steal an American (c) EFFECTIVE DATE.—The amendments plicant and to detect passport fraud. made by this section shall apply to contracts citizen’s identity, use basic counter- We already have much of the tech- entered into after the date of the enactment feiting skills to create fraudulent docu- nology and the information to prevent of this Act. ments for that identity, and obtain a such issuance of genuine U.S. passports genuine U.S. passport.’’ But that 2009 based on fraudulent documents or in- By Mr. DURBIN (for himself, GAO report was not the first time that formation. The Passport Identity Veri- Mrs. BOXER, Mr. CARDIN, Mr. problems with the passport issuance fication Act will dramatically improve FRANKEN, Mr. HARKIN, Mr. process were identified. In 2005 and the State Department’s ability to de- KERRY, Ms. KLOBUCHAR, Mr. 2007, GAO also brought these issues to tect passport fraud, and strengthen the LEAHY, Mr. MERKLEY, Ms. MI- light. integrity of every American’s passport. KULSKI, Mr. SANDERS, Mrs. Vulnerabilities in the passport SHAHEEN, and Mr. TESTER): issuance process are very serious be- By Mr. DURBIN (for himself, S. 750. A bill to reform the financing cause it can have a profound impact on Mrs. BOXER, Mr. CARDIN, Mr. of Senate elections, and for other pur- the national security of the United FRANKEN, Mr. HARKIN, Mr. poses; to the Committee on Rules and States. KERRY, Ms. KLOBUCHAR, Mr. Administration. A new GAO undercover investigation LEAHY, Mr. MERKLEY, Ms. MI- Mr. DURBIN. Mr. President, I ask that I requested, along with Senators KULSKI, Mr. SANDERS, Mrs. unanimous consent that the text of the KYL, FEINSTEIN, LIEBERMAN and COL- SHAHEEN, and Mr. TESTER): bill be printed in the RECORD. LINS, also revealed that while some im- S. 749. A bill to establish a revenue There being no objection, the text of provements have been made by the source for fair elections financing of the bill was ordered to be printed in State Department, the passport Senate campaigns by providing an ex- the RECORD, as follows: issuance process is still susceptible to cise tax on amounts paid pursuant to S. 750 fraud. A Judiciary Terrorism Sub- contracts with the United States Gov- Be it enacted by the Senate and House of Rep- committee hearing that I chaired in ernment; to the Committee on Fi- resentatives of the United States of America in July of 2010 revealed that the State De- nance. Congress assembled, partment issued five additional pass- Mr. DURBIN. Mr. President, I ask SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ports on the basis of fraudulent iden- unanimous consent that the text of the (a) SHORT TITLE.—This Act may be cited as tity documents that had been sub- bill by printed in the RECORD. the ‘‘Fair Elections Now Act’’. mitted by undercover GAO agents. There being no objection, the text of (b) TABLE OF CONTENTS.—The table of con- As a result, today I am reintroducing the bill was ordered to be printed in tents of this Act is as follows: Sec. 1. Short title; table of contents. the Passport Identity Verification Act, the RECORD, as follows: or PIVA. This legislation is co-spon- TITLE I—FAIR ELECTIONS FINANCING OF S. 749 sored by Senators FEINSTEIN, SENATE ELECTION CAMPAIGNS Be it enacted by the Senate and House of Rep- LIEBERMAN, and KERRY. It is a com- Subtitle A—Fair Elections Financing resentatives of the United States of America in Program mon-sense solution that will give the Congress assembled, State Department the legal authorities SECTION 1. SHORT TITLE. Sec. 101. Findings and declarations. Sec. 102. Eligibility requirements and bene- that it needs to access relevant infor- This Act may be cited as the ‘‘Fair Elec- fits of Fair Elections financing mation contained in federal, state, and tions Revenue Act of 2011’’. of Senate election campaigns. other databases that can be used to SEC. 2. FAIR ELECTIONS FUND REVENUE. ‘‘TITLE V—FAIR ELECTIONS FINANCING verify the identity of every passport (a) IN GENERAL.—The Internal Revenue OF SENATE ELECTION CAMPAIGNS applicant, and to detect passport fraud, Code of 1986 is amended by inserting after without extending the time that the chapter 36 the following new chapter: ‘‘Subtitle A—General Provisions State Department takes to approve ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU- ‘‘Sec. 501. Definitions. passports. The legislation also requires ANT TO CERTAIN GOVERNMENT CON- ‘‘Sec. 502. Fair Elections Fund. the State Department to promulgate TRACTS ‘‘Subtitle B—Eligibility and Certification regulations to limit access to this in- ‘‘Sec. 4501. Imposition of tax. ‘‘Sec. 511. Eligibility.

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‘‘Sec. 512. Qualifying contribution re- TIONS FUND.—The Senate finds and declares ‘‘(A) the date of the primary election; or quirement. that providing the option of the replacement ‘‘(B) in the case of a State that does not ‘‘Sec. 513. Contribution and expenditure of large private campaign contributions with hold a primary election, the date prescribed requirements. allocations from the Fair Elections Fund for by State law as the last day to qualify for a ‘‘Sec. 514. Debate requirement. all primary, runoff, and general elections to position on the general election ballot. ‘‘Sec. 515. Certification. the Senate would enhance American democ- ‘‘(5) FUND.—The term ‘Fund’ means the ‘‘Subtitle C—Benefits racy by— Fair Elections Fund established by section (1) reducing the actual or perceived con- ‘‘Sec. 521. Benefits for participating can- 502. flicts of interest created by fully private fi- didates. ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme- nancing of the election campaigns of public ‘‘Sec. 522. Allocations from the Fund. diate family’ means, with respect to any can- ‘‘Sec. 523. Matching payments for quali- officials and restoring public confidence in didate— the integrity and fairness of the electoral fied small dollar contributions. ‘‘(A) the candidate’s spouse; ‘‘Sec. 524. Political advertising vouch- and legislative processes through a program ‘‘(B) a child, stepchild, parent, grand- ers. which allows participating candidates to ad- parent, brother, half-brother, sister, or half- here to substantially lower contribution lim- sister of the candidate or the candidate’s ‘‘Subtitle D—Administrative Provisions its for contributors with an assurance that spouse; and ‘‘Sec. 531. Fair Elections Oversight there will be sufficient funds for such can- ‘‘(C) the spouse of any person described in Board. didates to run viable electoral campaigns; subparagraph (B). ‘‘Sec. 532. Administration provisions. (2) increasing the public’s confidence in the ‘‘(7) MATCHING CONTRIBUTION.—The term ‘‘Sec. 533. Violations and penalties. accountability of Senators to the constitu- ‘matching contribution’ means a matching Sec. 103. Prohibition on joint fundraising ents who elect them, which derives from the payment provided to a participating can- committees. program’s qualifying criteria to participate didate for qualified small dollar contribu- Sec. 104. Exception to limitation on coordi- in the voluntary program and the conclu- tions, as provided under section 523. nated expenditures by political sions that constituents may draw regarding ‘‘(8) NONPARTICIPATING CANDIDATE.—The party committees with partici- candidates who qualify and participate in term ‘nonparticipating candidate’ means a pating candidates. the program; candidate for Senator who is not a partici- TITLE II—IMPROVING VOTER (3) helping to reduce the ability to make pating candidate. INFORMATION large campaign contributions as a deter- ‘‘(9) PARTICIPATING CANDIDATE.—The term Sec. 201. Broadcasts relating to all Senate minant of a citizen’s influence within the po- ‘participating candidate’ means a candidate candidates. litical process by facilitating the expression for Senator who is certified under section 515 Sec. 202. Broadcast rates for participating of support by voters at every level of wealth, as being eligible to receive an allocation candidates. encouraging political participation, and from the Fund. Sec. 203. FCC to prescribe standardized form incentivizing participation on the part of ‘‘(10) QUALIFYING CONTRIBUTION.—The term for reporting candidate cam- Senators through the matching of small dol- ‘qualifying contribution’ means, with respect paign ads. lar contributions; to a candidate, a contribution that— (4) potentially saving taxpayers billions of ‘‘(A) is in an amount that is— TITLE III—RESPONSIBILITIES OF THE dollars that may be (or that are perceived to ‘‘(i) not less than the greater of $5 or the FEDERAL ELECTION COMMISSION be) currently allocated based upon legisla- amount determined by the Commission Sec. 301. Petition for certiorari. tive and regulatory agendas skewed by the under section 531; and Sec. 302. Filing by Senate candidates with influence of campaign contributions; ‘‘(ii) not more than the greater of $100 or Commission. (5) creating genuine opportunities for all the amount determined by the Commission Sec. 303. Electronic filing of FEC reports. Americans to run for the Senate and encour- under section 531; TITLE IV—MISCELLANEOUS PROVISIONS aging more competitive elections; ‘‘(B) is made by an individual— Sec. 401. Severability. (6) encouraging participation in the elec- ‘‘(i) who is a resident of the State in which Sec. 402. Effective date. toral process by citizens of every level of such Candidate is seeking election; and wealth; and TITLE I—FAIR ELECTIONS FINANCING OF ‘‘(ii) who is not otherwise prohibited from (7) freeing Senators from the incessant pre- SENATE ELECTION CAMPAIGNS making a contribution under this Act; occupation with raising money, and allowing ‘‘(C) is made during the Fair Elections Subtitle A—Fair Elections Financing them more time to carry out their public re- qualifying period; and Program sponsibilities. ‘‘(D) meets the requirements of section SEC. 101. FINDINGS AND DECLARATIONS. SEC. 102. ELIGIBILITY REQUIREMENTS AND BEN- 512(b). (a) UNDERMINING OF DEMOCRACY BY CAM- EFITS OF FAIR ELECTIONS FINANC- ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU- PAIGN CONTRIBUTIONS FROM PRIVATE ING OF SENATE ELECTION CAM- TION.—The term ‘qualified small dollar con- SOURCES.—The Senate finds and declares PAIGNS. tribution’ means, with respect to a can- that the current system of privately fi- The Federal Election Campaign Act of 1971 didate, any contribution (or series of con- (2 U.S.C. 431 et seq.) is amended by adding at nanced campaigns for election to the United tributions)— the end the following: States Senate has the capacity, and is often ‘‘(A) which is not a qualifying contribution perceived by the public, to undermine de- ‘‘TITLE V—FAIR ELECTIONS FINANCING (or does not include a qualifying contribu- mocracy in the United States by— OF SENATE ELECTION CAMPAIGNS tion); (1) creating a culture that fosters actual or ‘‘Subtitle A—General Provisions ‘‘(B) which is made by an individual who is perceived conflicts of interest by encour- ‘‘SEC. 501. DEFINITIONS. not prohibited from making a contribution aging Senators to accept large campaign ‘‘In this title: under this Act; and contributions from private interests that are ‘‘(1) ALLOCATION FROM THE FUND.—The term ‘‘(C) the aggregate amount of which does directly affected by Federal legislation; ‘allocation from the Fund’ means an alloca- not exceed the greater of— (2) diminishing or appearing to diminish tion of money from the Fair Elections Fund ‘‘(i) $100 per election; or Senators’ accountability to constituents by to a participating candidate pursuant to sec- ‘‘(ii) the amount per election determined compelling legislators to be accountable to tion 522. by the Commission under section 531. the major contributors who finance their ‘‘(2) BOARD.—The term ‘Board’ means the ‘‘SEC. 502. FAIR ELECTIONS FUND. election campaigns; Fair Elections Oversight Board established ‘‘(a) ESTABLISHMENT.—There is established (3) undermining the meaning of the right under section 531. in the Treasury a fund to be known as the to vote by allowing monied interests to have ‘‘(3) FAIR ELECTIONS QUALIFYING PERIOD.— ‘Fair Elections Fund’. a disproportionate and unfair influence with- The term ‘Fair Elections qualifying period’ ‘‘(b) AMOUNTS HELD BY FUND.—The Fund in the political process; means, with respect to any candidate for shall consist of the following amounts: (4) imposing large, unwarranted costs on Senator, the period— ‘‘(1) APPROPRIATED AMOUNTS.— taxpayers through legislative and regulatory ‘‘(A) beginning on the date on which the ‘‘(A) IN GENERAL.—Amounts appropriated distortions caused by unequal access to law- candidate files a statement of intent under to the Fund. makers for campaign contributors; section 511(a)(1); and ‘‘(B) SENSE OF THE SENATE REGARDING AP- (5) making it difficult for some qualified ‘‘(B) ending on the date that is 30 days be- PROPRIATIONS.—It is the sense of the Senate candidates to mount competitive Senate fore— that— election campaigns; ‘‘(i) the date of the primary election; or ‘‘(i) there should be imposed on any pay- (6) disadvantaging challengers and discour- ‘‘(ii) in the case of a State that does not ment made to any person (other than a State aging competitive elections; and hold a primary election, the date prescribed or local government or a foreign nation) who (7) burdening incumbents with a pre- by State law as the last day to qualify for a has contracts with the Government of the occupation with fundraising and thus de- position on the general election ballot. United States in excess of $10,000,000 a tax creasing the time available to carry out ‘‘(4) FAIR ELECTIONS START DATE.—The equal to 0.50 percent of amount paid pursu- their public responsibilities. term ‘Fair Elections start date’ means, with ant to such contracts, except that the aggre- (b) ENHANCEMENT OF DEMOCRACY BY PRO- respect to any candidate, the date that is 180 gate tax for any person for any taxable year VIDING ALLOCATIONS FROM THE FAIR ELEC- days before— shall not exceed $500,000; and

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2204 CONGRESSIONAL RECORD — SENATE April 6, 2011 ‘‘(ii) the revenue from such tax should be ‘‘(2) a total dollar amount of qualifying scribed in subsection (a)(1) from any person appropriated to the Fund. contributions equal to the greater of— if— ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Vol- ‘‘(A) 10 percent of the amount of the allo- ‘‘(1) the aggregate contributions from such untary contributions to the Fund. cation such candidate would be entitled to person for any calendar year do not exceed ‘‘(3) OTHER DEPOSITS.—Amounts deposited receive for the primary election under sec- $100; and into the Fund under— tion 522(c)(1) (determined without regard to ‘‘(2) no portion of such contributions is dis- ‘‘(A) section 513(c) (relating to exceptions paragraph (5) thereof) if such candidate were bursed in connection with the campaign of to contribution requirements); a participating candidate; or the participating candidate. ‘‘(B) section 521(c) (relating to remittance ‘‘(B) the amount determined by the Com- ‘‘(c) EXCEPTION.—Notwithstanding sub- of allocations from the Fund); mission under section 531. section (a), a candidate shall not be treated ‘‘(C) section 533 (relating to violations); ‘‘(b) REQUIREMENTS RELATING TO RECEIPT as having failed to meet the requirements of and OF QUALIFYING CONTRIBUTION.—Each quali- this section if any contributions that are not ‘‘(D) any other section of this Act. fying contribution— qualified small dollar contributions, quali- ‘‘(4) INVESTMENT RETURNS.—Interest on, ‘‘(1) may be made by means of a personal fying contributions, or contributions that and the proceeds from, the sale or redemp- check, money order, debit card, credit card, meet the requirements of subsection (b) and tion of, any obligations held by the Fund or electronic payment account; that are accepted before the date the can- under subsection (c). ‘‘(2) shall be accompanied by a signed didate files a statement of intent under sec- ‘‘(c) INVESTMENT.—The Commission shall statement containing— tion 511(a)(1) are— invest portions of the Fund in obligations of ‘‘(A) the contributor’s name and the con- ‘‘(1) returned to the contributor; or the United States in the same manner as tributor’s address in the State in which the ‘‘(2) submitted to the Commission for de- provided under section 9602(b) of the Internal contributor is registered to vote; and posit in the Fund. Revenue Code of 1986. ‘‘(B) an oath declaring that the contrib- ‘‘SEC. 514. DEBATE REQUIREMENT. ‘‘(d) USE OF FUND.— utor— ‘‘A candidate for Senator meets the re- ‘‘(1) IN GENERAL.—The sums in the Fund ‘‘(i) understands that the purpose of the quirements of this section if the candidate shall be used to provide benefits to partici- qualifying contribution is to show support participates in at least— pating candidates as provided in subtitle C. for the candidate so that the candidate may ‘‘(1) 1 public debate before the primary ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula- qualify for Fair Elections financing; election with other participating candidates tions established by the Commission, rules ‘‘(ii) is making the contribution in his or and other willing candidates from the same similar to the rules of section 9006(c) of the her own name and from his or her own funds; party and seeking the same nomination as Internal Revenue Code shall apply. ‘‘(iii) has made the contribution willingly; such candidate; and ‘‘(2) 2 public debates before the general ‘‘Subtitle B—Eligibility and Certification and ‘‘(iv) has not received any thing of value in election with other participating candidates ‘‘SEC. 511. ELIGIBILITY. and other willing candidates seeking the ‘‘(a) IN GENERAL.—A candidate for Senator return for the contribution; and ‘‘(3) shall be acknowledged by a receipt same office as such candidate. is eligible to receive an allocation from the ‘‘SEC. 515. CERTIFICATION. Fund for any election if the candidate meets that is sent to the contributor with a copy kept by the candidate for the Commission ‘‘(a) IN GENERAL.—Not later than 5 days the following requirements: after a candidate for Senator files an affi- ‘‘(1) The candidate files with the Commis- and a copy kept by the candidate for the election authorities in the State with re- davit under section 511(a)(3), the Commission sion a statement of intent to seek certifi- shall— cation as a participating candidate under spect to which the candidate is seeking election. ‘‘(1) certify whether or not the candidate is this title during the period beginning on the a participating candidate; and ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU- Fair Elections start date and ending on the ‘‘(2) notify the candidate of the Commis- last day of the Fair Elections qualifying pe- TIONS.—The Commission shall establish procedures for the auditing and verification of sion’s determination. riod. ‘‘(b) REVOCATION OF CERTIFICATION.— qualifying contributions to ensure that such ‘‘(2) The candidate meets the qualifying ‘‘(1) IN GENERAL.—The Commission may re- contributions meet the requirements of this contribution requirements of section 512. voke a certification under subsection (a) if— section. ‘‘(3) Not later than the last day of the Fair ‘‘(A) a candidate fails to qualify to appear Elections qualifying period, the candidate ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE on the ballot at any time after the date of REQUIREMENTS. files with the Commission an affidavit signed certification; or ‘‘(a) GENERAL RULE.—A candidate for Sen- by the candidate and the treasurer of the ‘‘(B) a candidate otherwise fails to comply ator meets the requirements of this section candidate’s principal campaign committee with the requirements of this title, including if, during the election cycle of the candidate, declaring that the candidate— any regulatory requirements prescribed by the candidate— ‘‘(A) has complied and, if certified, will the Commission. ‘‘(1) except as provided in subsection (b), comply with the contribution and expendi- ‘‘(2) REPAYMENT OF BENEFITS.—If certifi- accepts no contributions other than— ture requirements of section 513; cation is revoked under paragraph (1), the ‘‘(A) qualifying contributions; ‘‘(B) if certified, will comply with the de- candidate shall repay to the Fund an amount ‘‘(B) qualified small dollar contributions; bate requirements of section 514; equal to the value of benefits received under ‘‘(C) allocations from the Fund under sec- ‘‘(C) if certified, will not run as a non- this title plus interest (at a rate determined tion 522; participating candidate during such year in by the Commission) on any such amount re- ‘‘(D) matching contributions under section any election for the office that such can- ceived. 523; and didate is seeking; and ‘‘Subtitle C—Benefits ‘‘(D) has either qualified or will take steps ‘‘(E) vouchers provided to the candidate under section 524; ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CAN- to qualify under State law to be on the bal- DIDATES. lot. ‘‘(2) makes no expenditures from any amounts other than from— ‘‘(a) IN GENERAL.—For each election with ‘‘(b) GENERAL ELECTION.—Notwithstanding respect to which a candidate is certified as a subsection (a), a candidate shall not be eligi- ‘‘(A) qualifying contributions; ‘‘(B) qualified small dollar contributions; participating candidate, such candidate shall ble to receive an allocation from the Fund be entitled to— for a general election or a general runoff ‘‘(C) allocations from the Fund under section 522; ‘‘(1) an allocation from the Fund to make election unless the candidate’s party nomi- or obligate to make expenditures with re- nated the candidate to be placed on the bal- ‘‘(D) matching contributions under section 523; and spect to such election, as provided in section lot for the general election or the candidate 522; otherwise qualified to be on the ballot under ‘‘(E) vouchers provided to the candidate under section 524; and ‘‘(2) matching contributions, as provided in State law. section 523; and ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIRE- ‘‘(3) makes no expenditures from personal funds or the funds of any immediate family ‘‘(3) for the general election, vouchers for MENT. broadcasts of political advertisements, as ‘‘(a) IN GENERAL.—A candidate for Senator member (other than funds received through qualified small dollar contributions and provided in section 524. meets the requirement of this section if, dur- ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS qualifying contributions). ing the Fair Elections qualifying period, the FROM THE FUND.—Allocations from the Fund candidate obtains— For purposes of this subsection, a payment received by a participating candidate under ‘‘(1) a number of qualifying contributions made by a political party in coordination sections 522 and matching contributions equal to the greater of— with a participating candidate shall not be under section 523 may only be used for cam- ‘‘(A) the sum of— treated as a contribution to or as an expendi- paign-related costs. ‘‘(i) 2,000; plus ture made by the participating candidate. ‘‘(c) REMITTING ALLOCATIONS FROM THE ‘‘(ii) 500 for each congressional district in ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, FUND.— the State with respect to which the can- ETC.—A political committee of a partici- ‘‘(1) IN GENERAL.—Not later than the date didate is seeking election; or pating candidate which is not an authorized that is 45 days after an election in which the ‘‘(B) the amount determined by the Com- committee of such candidate may accept participating candidate appeared on the bal- mission under section 531; and contributions other than contributions de- lot, such participating candidate shall remit

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to the Commission for deposit in the Fund pating candidate would be entitled to receive ‘‘(4) LIMITATION ON REGULATIONS.—The an amount equal to the lesser of— under this section for such election if this Commission may not prescribe any regula- ‘‘(A) the amount of money in the can- paragraph did not apply. tions with respect to reporting under this didate’s campaign account; or ‘‘(d) BASE AMOUNT.— subsection with respect to any election after ‘‘(B) the sum of the allocations from the ‘‘(1) IN GENERAL.—Except as otherwise pro- the date that is 180 days before the date of Fund received by the candidate under sec- vided in this subsection, the base amount for such election. tion 522 and the matching contributions re- any candidate is an amount equal to the ‘‘(e) APPEALS.—The Commission shall pro- ceived by the candidate under section 523. greater of— vide a written explanation with respect to ‘‘(2) EXCEPTION.—In the case of a candidate ‘‘(A) the sum of— any denial of any payment under this section who qualifies to be on the ballot for a pri- ‘‘(i) $750,000; plus and shall provide the opportunity for review mary runoff election, a general election, or a ‘‘(ii) $150,000 for each congressional district and reconsideration within 5 business days of general runoff election, the amounts de- in the State with respect to which the can- such denial. scribed in paragraph (1) may be retained by didate is seeking election; or ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. the candidate and used in such subsequent ‘‘(B) the amount determined by the Com- ‘‘(a) IN GENERAL.—The Commission shall election. mission under section 531. establish and administer a voucher program ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. ‘‘(2) INDEXING.—In each even-numbered for the purchase of airtime on broadcasting stations for political advertisements in ac- ‘‘(a) IN GENERAL.—The Commission shall year after 2013— cordance with the provisions of this section. make allocations from the Fund under sec- ‘‘(A) each dollar amount under paragraph ‘‘(b) CANDIDATES.—The Commission shall tion 521(a)(1) to a participating candidate— (1)(A) shall be increased by the percent difference between the price index (as defined only disburse vouchers under the program ‘‘(1) in the case of amounts provided under established under subsection (a) to partici- in section 315(c)(2)(A)) for the 12 months pre- subsection (c)(1), not later than 48 hours pants certified pursuant to section 515 who ceding the beginning of such calendar year after the date on which such candidate is have agreed in writing to keep and furnish to and the price index for calendar year 2012; certified as a participating candidate under the Commission such records, books, and ‘‘(B) each dollar amount so increased shall section 515; other information as it may require. ‘‘(2) in the case of a general election, not remain in effect for the 2-year period begin- ‘‘(c) AMOUNTS.—The Commission shall dis- later than 48 hours after— ning on the first day following the date of burse vouchers to each candidate certified ‘‘(A) the date of the certification of the re- the last general election in the year pre- under subsection (b) in an aggregate amount sults of the primary election or the primary ceding the year in which the amount is in- equal to the greater of— runoff election; or creased and ending on the date of the next ‘‘(1) $100,000 multiplied by the number of ‘‘(B) in any case in which there is no pri- general election; and congressional districts in the State with re- mary election, the date the candidate quali- ‘‘(C) if any amount after adjustment under spect to which such candidate is running for fies to be placed on the ballot; and subparagraph (A) is not a multiple of $100, office; or ‘‘(3) in the case of a primary runoff elec- such amount shall be rounded to the nearest ‘‘(2) the amount determined by the Com- tion or a general runoff election, not later multiple of $100. mission under section 531. than 48 hours after the certification of the ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED ‘‘(d) USE.— results of the primary election or the general SMALL DOLLAR CONTRIBUTIONS. ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed election, as the case may be. ‘‘(a) IN GENERAL.—The Commission shall by the Commission under this section may ‘‘(b) METHOD OF PAYMENT.—The Commis- pay to each participating candidate an be used only for the purchase of broadcast sion shall distribute funds available to par- amount equal to 500 percent of the amount of airtime for political advertisements relating ticipating candidates under this section qualified small dollar contributions received to a general election for the office of Senate through the use of an electronic funds ex- by the candidate from individuals who are by the participating candidate to which the change or a debit card. residents of the State in which such partici- vouchers were disbursed, except that— ‘‘(c) AMOUNTS.— pating candidate is seeking election after ‘‘(A) a candidate may exchange vouchers ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL the date on which such candidate is certified with a political party under paragraph (2); ALLOCATION.—Except as provided in para- under section 515. and graph (5), the Commission shall make an al- ‘‘(b) LIMITATION.—The aggregate payments ‘‘(B) a political party may use vouchers location from the Fund for a primary elec- under subsection (a) with respect to any can- only to purchase broadcast airtime for polit- tion to a participating candidate in an didate shall not exceed the greater of— ical advertisements for generic party adver- amount equal to 67 percent of the base ‘‘(1) 300 percent of the allocation such can- tising (as defined by the Commission in regu- amount with respect to such participating didate is entitled to receive for such election lations), to support candidates for State or candidate. under section 522 (determined without regard local office in a general election, or to sup- ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA- to subsection (c)(5) thereof); or port participating candidates of the party in TION.—The Commission shall make an allo- ‘‘(2) the percentage of such allocation de- a general election for Federal office, but cation from the Fund for a primary runoff termined by the Commission under section only if it discloses the value of the voucher election to a participating candidate in an 531. used as an expenditure under section 315(d). amount equal to 25 percent of the amount ‘‘(c) TIME OF PAYMENT.—The Commission ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM- the participating candidate was eligible to shall make payments under this section not MITTEE.— receive under this section for the primary later than 2 business days after the receipt of ‘‘(A) IN GENERAL.—A participating can- election. a report made under subsection (d). didate who receives a voucher under this sec- ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex- ‘‘(d) REPORTS.— tion may transfer the right to use all or a cept as provided in paragraph (5), the Com- ‘‘(1) IN GENERAL.—Each participating can- portion of the value of the voucher to a commission shall make an allocation from the didate shall file reports of receipts of quali- mittee of the political party of which the in- Fund for a general election to a partici- fied small dollar contributions at such times dividual is a candidate (or, in the case of a pating candidate in an amount equal to the and in such manner as the Commission may participating candidate who is not a member base amount with respect to such candidate. by regulations prescribe. of any political party, to a committee of the ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA- ‘‘(2) CONTENTS OF REPORTS.—Each report political party of that candidate’s choice) in TION.—The Commission shall make an allo- under this subsection shall disclose— exchange for money in an amount equal to cation from the Fund for a general runoff ‘‘(A) the amount of each qualified small the cash value of the voucher or portion ex- election to a participating candidate in an dollar contribution received by the can- changed. amount equal to 25 percent of the base didate; ‘‘(B) CONTINUATION OF CANDIDATE OBLIGA- amount with respect to such candidate. ‘‘(B) the amount of each qualified small TIONS.—The transfer of a voucher, in whole ‘‘(5) UNCONTESTED ELECTIONS.— dollar contribution received by the can- or in part, to a political party committee ‘‘(A) IN GENERAL.—In the case of a primary didate from a resident of the State in which under this paragraph does not release the or general election that is an uncontested the candidate is seeking election; and candidate from any obligation under the election, the Commission shall make an allo- ‘‘(C) the name, address, and occupation of agreement made under subsection (b) or oth- cation from the Fund to a participating can- each individual who made a qualified small erwise modify that agreement or its applica- didate for such election in an amount equal dollar contribution to the candidate. tion to that candidate. to 25 percent of the allocation which such ‘‘(3) FREQUENCY OF REPORTS.—Reports ‘‘(C) PARTY COMMITTEE OBLIGATIONS.—Any candidate would be entitled to under this under this subsection shall be made no more political party committee to which a vouch- section for such election if this paragraph frequently than— er or portion thereof is transferred under did not apply. ‘‘(A) once every month until the date that subparagraph (A)— ‘‘(B) UNCONTESTED ELECTION DEFINED.—For is 90 days before the date of the election; ‘‘(i) shall account fully, in accordance with purposes of this subparagraph, an election is ‘‘(B) once every week after the period de- such requirements as the Commission may uncontested if not more than 1 candidate has scribed in subparagraph (A) and until the establish, for the receipt of the voucher; and campaign funds (including payments from date that is 21 days before the election; and ‘‘(ii) may not use the transferred voucher the Fund) in an amount equal to or greater ‘‘(C) once every day after the period de- or portion thereof for any purpose other than than 10 percent of the allocation a partici- scribed in subparagraph (B). a purpose described in paragraph (1)(B).

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‘‘(D) VOUCHER AS A CONTRIBUTION UNDER ‘‘(2) QUALIFICATIONS.— participating candidates (including through FECA.—If a candidate transfers a voucher or ‘‘(A) IN GENERAL.—The members shall be qualifying contributions and small dollar any portion thereof to a political party com- individuals who are nonpartisan and, by rea- contributions), allocations from the Fund mittee under subparagraph (A)— son of their education, experience, and at- under sections 522, matching contributions ‘‘(i) the value of the voucher or portion tainments, exceptionally qualified to per- under section 523, and vouchers under sec- thereof transferred shall be treated as a conform the duties of members of the Board. tion 524 are sufficient for voters in each tribution from the candidate to the com- ‘‘(B) PROHIBITION.—No member of the State to learn about the candidates to cast mittee, and from the committee to the can- Board may be— an informed vote, taking into account the didate, for purposes of sections 302 and 304; ‘‘(i) an employee of the Federal Govern- historic amount of spending by winning can- ‘‘(ii) the committee may, in exchange, pro- ment; didates, media costs, primary election dates, vide to the candidate only funds subject to ‘‘(ii) a registered lobbyist; or and any other information the Board deter- the prohibitions, limitations, and reporting ‘‘(iii) an officer or employee of a political mines is appropriate. requirements of title III of this Act; and party or political campaign. ‘‘(C) ADJUSTMENT OF AMOUNTS.— ‘‘(iii) the amount, if identified as a ‘vouch- ‘‘(3) DATE.—Members of the Board shall be ‘‘(i) IN GENERAL.—Based on the review con- er exchange’, shall not be considered a con- appointed not later than 60 days after the ducted under subparagraph (A), the Board tribution for the purposes of sections 315 and date of the enactment of this Act. shall provide for the adjustments of the fol- 513. ‘‘(4) TERMS.—A member of the Board shall ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— be appointed for a term of 5 years. lowing amounts: ‘‘(1) VOUCHER.—Each voucher disbursed by ‘‘(5) VACANCIES.—A vacancy on the Board ‘‘(I) the maximum dollar amount of quali- the Commission under this section shall shall be filled not later than 30 calendar days fied small dollar contributions under section have a value in dollars, redeemable upon after the date on which the Board is given 501(11)(C); presentation to the Commission, together notice of the vacancy, in the same manner as ‘‘(II) the maximum and minimum dollar with such documentation and other informa- the original appointment. The individual ap- amounts for qualifying contributions under tion as the Commission may require, for the pointed to fill the vacancy shall serve only section 501(10)(A); purchase of broadcast airtime for political for the unexpired portion of the term for ‘‘(III) the number and value of qualifying advertisements in accordance with this sec- which the individual’s predecessor was ap- contributions a candidate is required to ob- tion. pointed. tain under section 512(a)(1); ‘‘(2) ACCEPTANCE.—A broadcasting station ‘‘(6) CHAIRPERSON.—The Board shall des- ‘‘(IV) the base amount for candidates under shall accept vouchers in payment for the ignate a Chairperson from among the mem- section 522(d); purchase of broadcast airtime for political bers of the Board. ‘‘(V) the maximum amount of matching advertisements in accordance with this sec- ‘‘(c) DUTIES AND POWERS.— contributions a candidate may receive under tion. ‘‘(1) ADMINISTRATION.— section 523(b); and ‘‘(3) REDEMPTION.—The Commission shall ‘‘(A) IN GENERAL.—The Board shall have ‘‘(VI) the dollar amount for vouchers under redeem vouchers accepted by broadcasting such duties and powers as the Commission section 524(c). stations under paragraph (2) upon presen- may prescribe, including the power to ad- ‘‘(ii) REGULATIONS.—The Commission shall tation, subject to such documentation, minister the provisions of this title. promulgate regulations providing for the ad- verification, accounting, and application re- ‘‘(2) REVIEW OF FAIR ELECTIONS FINANCING.— justments made by the Board under clause quirements as the Commission may impose ‘‘(A) IN GENERAL.—After each general elec- (i). to ensure the accuracy and integrity of the tion for Federal office, the Board shall con- ‘‘(D) REPORT.—Not later than March 30 fol- voucher redemption system. duct a comprehensive review of the Fair lowing any general election for Federal of- ‘‘(4) EXPIRATION.— Elections financing program under this title, fice, the Board shall submit a report to Con- ‘‘(A) CANDIDATES.—A voucher may only be including— gress on the review conducted under para- used to pay for broadcast airtime for polit- ‘‘(i) the maximum dollar amount of quali- ical advertisements to be broadcast before fied small dollar contributions under section graph (1). Such report shall contain a de- midnight on the day before the date of the 501(11); tailed statement of the findings, conclusions, Federal election in connection with which it ‘‘(ii) the maximum and minimum dollar and recommendations of the Board based on was issued and shall be null and void for any amounts for qualifying contributions under such review. other use or purpose. section 501(10); ‘‘(d) MEETINGS AND HEARINGS.— ‘‘(B) EXCEPTION FOR POLITICAL PARTY COM- ‘‘(iii) the number and value of qualifying ‘‘(1) MEETINGS.—The Board may hold such MITTEES.—A voucher held by a political contributions a candidate is required to ob- hearings, sit and act at such times and party committee may be used to pay for tain under section 512 to qualify for alloca- places, take such testimony, and receive broadcast airtime for political advertise- tions from the Fund; such evidence as the Board considers advis- ments to be broadcast before midnight on ‘‘(iv) the amount of allocations from the able to carry out the purposes of this Act. December 31st of the odd-numbered year fol- Fund that candidates may receive under sec- ‘‘(2) QUORUM.—Three members of the Board lowing the year in which the voucher was tion 522; shall constitute a quorum for purposes of issued by the Commission. ‘‘(v) the maximum amount of matching voting, but a quorum is not required for ‘‘(5) VOUCHER AS EXPENDITURE UNDER contributions a candidate may receive under members to meet and hold hearings. FECA.—The use of a voucher to purchase section 523; broadcast airtime constitutes an expenditure ‘‘(vi) the amount and usage of vouchers ‘‘(e) REPORTS.—Not later than March 30, as defined in section 301(9)(A). under section 524; 2012, and every 2 years thereafter, the Board ‘‘(f) DEFINITIONS.—In this section: ‘‘(vii) the overall satisfaction of partici- shall submit to the Senate Committee on ‘‘(1) BROADCASTING STATION.—The term pating candidates and the American public Rules and Administration a report docu- ‘broadcasting station’ has the meaning given with the program; and menting, evaluating, and making rec- that term by section 315(f)(1) of the Commu- ‘‘(viii) such other matters relating to fi- ommendations relating to the administra- nications Act of 1934. nancing of Senate campaigns as the Board tive implementation and enforcement of the ‘‘(2) POLITICAL PARTY.—The term ‘political determines are appropriate. provisions of this title. party’ means a major party or a minor party ‘‘(B) CRITERIA FOR REVIEW.—In conducting as defined in section 9002(3) or (4) of the In- the review under subparagraph (A), the ‘‘(f) ADMINISTRATION.— ternal Revenue Code of 1986 (26 U.S.C. 9002 (3) Board shall consider the following: ‘‘(1) COMPENSATION OF MEMBERS.— or (4)). ‘‘(i) QUALIFYING CONTRIBUTIONS AND QUALI- ‘‘(A) IN GENERAL.—Each member, other ‘‘Subtitle D—Administrative Provisions FIED SMALL DOLLAR CONTRIBUTIONS.—The than the Chairperson, shall be paid at a rate ‘‘SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD. Board shall consider whether the number equal to the daily equivalent of the min- ‘‘(a) ESTABLISHMENT.—There is established and dollar amount of qualifying contribu- imum annual rate of basic pay prescribed for within the Federal Election Commission an tions required and maximum dollar amount level IV of the Executive Schedule under sec- entity to be known as the ‘Fair Elections for such qualifying contributions and quali- tion 5315 of title 5, United States Code. Oversight Board’. fied small dollar contributions strikes a bal- ‘‘(B) CHAIRPERSON.—The Chairperson shall ‘‘(b) STRUCTURE AND MEMBERSHIP.— ance regarding the importance of voter in- be paid at a rate equal to the daily equiva- ‘‘(1) IN GENERAL.—The Board shall be com- volvement, the need to assure adequate in- lent of the minimum annual rate of basic posed of 5 members appointed by the Presi- centives for participating, and fiscal respon- pay prescribed for level III of the Executive dent by and with the advice and consent of sibility, taking into consideration the num- Schedule under section 5314 of title 5, United the Senate, of whom— ber of primary and general election partici- States Code. ‘‘(A) 2 shall be appointed after consultation pating candidates, the electoral performance ‘‘(2) PERSONNEL.— with the majority leader of the Senate; of those candidates, program cost, and any ‘‘(A) DIRECTOR.—The Board shall have a ‘‘(B) 2 shall be appointed after consultation other information the Board determines is staff headed by an Executive Director. The with the minority leader of the Senate; and appropriate. Executive Director shall be paid at a rate ‘‘(C) 1 shall be appointed upon the rec- ‘‘(ii) REVIEW OF PROGRAM BENEFITS.—The equivalent to a rate established for the Sen- ommendation of the members appointed Board shall consider whether the totality of ior Executive Service under section 5382 of under subparagraphs (A) and (B). the amount of funds allowed to be raised by title 5, United States Code.

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‘‘(B) STAFF APPOINTMENT.—With the ap- forcement proceedings by the Commission in quirements of subsection (b)(1)(A), a licensee proval of the Chairperson, the Executive Di- accordance with section 309(a), including a shall not preempt the use of a broadcasting rector may appoint such personnel as the Ex- referral by the Commission to the Attorney station by a legally qualified candidate for ecutive Director and the Board determines General in the case of an apparent knowing Senate who has purchased and paid for such to be appropriate. and willful violation of this title.’’. use. ‘‘(C) ACTUARIAL EXPERTS AND CONSULT- SEC. 103. PROHIBITION ON JOINT FUNDRAISING ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- ANTS.—With the approval of the Chairperson, COMMITTEES. CENSEE.—If a program to be broadcast by a the Executive Director may procure tem- Section 302(e) of the Federal Election Cam- broadcasting station is preempted because of porary and intermittent services under sec- paign Act of 1971 (2 U.S.C. 432(e)) is amended circumstances beyond the control of the station 3109(b) of title 5, United States Code. by adding at the end the following new para- tion, any candidate or party advertising spot ‘‘(D) DETAIL OF GOVERNMENT EMPLOYEES.— graph: scheduled to be broadcast during that pro- Upon the request of the Chairperson, the ‘‘(6) No authorized committee of a partici- gram shall be treated in the same fashion as head of any Federal agency may detail, with- pating candidate (as defined in section 501) a comparable commercial advertising spot. out reimbursement, any of the personnel of may establish a joint fundraising committee ‘‘(e) AUDITS.—During the 30-day period pre- such agency to the Board to assist in car- with a political committee other than an au- ceding a primary election and the 60-day pe- rying out the duties of the Board. Any such thorized committee of a candidate.’’. riod preceding a general election, the Com- detail shall not interrupt or otherwise affect SEC. 104. EXCEPTION TO LIMITATION ON CO- mission shall conduct such audits as it the civil service status or privileges of the ORDINATED EXPENDITURES BY PO- deems necessary to ensure that each broad- Federal employee. LITICAL PARTY COMMITTEES WITH caster to which this section applies is allo- ‘‘(E) OTHER RESOURCES.—The Board shall PARTICIPATING CANDIDATES. cating television broadcast advertising time have reasonable access to materials, re- Section 315(d) of the Federal Election Cam- in accordance with this section and section sources, statistical data, and other informa- paign Act of 1971 (2 U.S.C. 441a(d)) is amend- 312.’’. tion from the Library of Congress and other ed— (c) REVOCATION OF LICENSE FOR FAILURE TO agencies of the executive and legislative (1) in paragraph (3)(A), by striking ‘‘in the PERMIT ACCESS.—Section 312(a)(7) of the branches of the Federal Government. The case of’’ and inserting ‘‘except as provided in Communications Act of 1934 (47 U.S.C. Chairperson of the Board shall make re- paragraph (5), in the case of’’ and 312(a)(7)) is amended— quests for such access in writing when nec- (2) by adding at the end the following new (1) by striking ‘‘or repeated’’; essary. paragraph: (2) by inserting ‘‘or cable system’’ after ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5)(A) The limitation under paragraph ‘‘broadcasting station’’; and There are authorized to be appropriated such (3)(A) shall not apply with respect to any ex- (3) by striking ‘‘his candidacy’’ and insert- sums as are necessary to carry out the pur- penditure from a qualified political party- ing ‘‘the candidacy of the candidate, under poses of this subtitle. participating candidate coordinated expendi- the same terms, conditions, and business ‘‘SEC. 532. ADMINISTRATION PROVISIONS. ture fund. practices as apply to the most favored adver- ‘‘The Commission shall prescribe regula- ‘‘(B) In this paragraph, the term ‘qualified tiser of the licensee’’. tions to carry out the purposes of this title, political party-participating candidate co- (d) STYLISTIC AMENDMENTS.—Section 315 of including regulations— ordinated expenditure fund’ means a fund es- such Act (47 U.S.C. 315) is amended— ‘‘(1) to establish procedures for— tablished by the national committee of a po- (1) by striking ‘‘the’’ in subsection (e)(1), as ‘‘(A) verifying the amount of valid quali- litical party, or a State committee of a po- redesignated by subsection (b)(1), and insert- fying contributions with respect to a can- litical party, including any subordinate coming ‘‘BROADCASTING STATION.—’’; didate; mittee of a State committee, for purposes of (2) by striking ‘‘the’’ in subsection (e)(2), as ‘‘(B) effectively and efficiently monitoring making expenditures in connection with the redesignated by subsection (b)(1), and insert- and enforcing the limits on the raising of general election campaign of a candidate for ing ‘‘LICENSEE; STATION LICENSEE.—’’; and qualified small dollar contributions; election to the office of Senator who is a par- (3) by inserting ‘‘REGULATIONS.—’’ in sub- ‘‘(C) effectively and efficiently monitoring ticipating candidate (as defined in section section (f), as redesignated by subsection and enforcing the limits on the use of per- 501), that only accepts qualified coordinated (b)(1), before ‘‘The Commission’’. expenditure contributions. sonal funds by participating candidates; SEC. 202. BROADCAST RATES FOR PARTICI- ‘‘(D) monitoring the use of allocations ‘‘(C) In this paragraph, the term ‘qualified PATING CANDIDATES. from the Fund and matching contributions coordinated expenditure contribution’ Section 315(b) of the Communications Act under this title through audits or other means, with respect to the general election of 1934 (47 U.S.C. 315(b)), as amended by sub- mechanisms; and campaign of a candidate for election to the section (a), is amended— ‘‘(E) the administration of the voucher pro- office of Senator who is a participating can- (1) in paragraph (1)(A), by striking ‘‘para- gram under section 524; and didate (as defined in section 501), any con- graph (2)’’ and inserting ‘‘paragraphs (2) and ‘‘(2) regarding the conduct of debates in a tribution (or series of contributions)— (3)’’; and manner consistent with the best practices of ‘‘(i) which is made by an individual who is (2) by adding at the end the following: not prohibited from making a contribution States that provide public financing for elec- ‘‘(3) PARTICIPATING CANDIDATES.—In the tions. under this Act; and case of a participating candidate (as defined ‘‘(ii) the aggregate amount of which does ‘‘SEC. 533. VIOLATIONS AND PENALTIES. under section 501(9) of the Federal Election not exceed $500 per election.’’. ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CON- Campaign Act of 1971), the charges made for TRIBUTION AND EXPENDITURE REQUIRE- TITLE II—IMPROVING VOTER the use of any broadcasting station for a tel- MENTS.—If a candidate who has been cer- INFORMATION evision broadcast shall not exceed 80 percent tified as a participating candidate under sec- SEC. 201. BROADCASTS RELATING TO ALL SEN- of the lowest charge described in paragraph tion 515(a) accepts a contribution or makes ATE CANDIDATES. (1)(A) during— an expenditure that is prohibited under sec- (a) LOWEST UNIT CHARGE; NATIONAL COM- ‘‘(A) the 45 days preceding the date of a tion 513, the Commission shall assess a civil MITTEES.—Section 315(b) of the Communica- primary or primary runoff election in which penalty against the candidate in an amount tions Act of 1934 (47 U.S.C. 315(b)) is amend- the candidate is opposed; and that is not more than 3 times the amount of ed— ‘‘(B) the 60 days preceding the date of a the contribution or expenditure. Any (1) by striking ‘‘to such office’’ in para- general or special election in which the can- amounts collected under this subsection graph (1) and inserting ‘‘to such office, or by didate is opposed. shall be deposited into the Fund. a national committee of a political party on ‘‘(4) RATE CARDS.—A licensee shall provide ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR behalf of such candidate in connection with to a candidate for Senate a rate card that ELECTIONS FUND.— such campaign,’’; and discloses— ‘‘(1) IN GENERAL.—If the Commission deter- (2) by inserting ‘‘for pre-emptible use ‘‘(A) the rate charged under this sub- mines that any benefit made available to a thereof’’ after ‘‘station’’ in subparagraph (A) section; and participating candidate under this title was of paragraph (1). ‘‘(B) the method that the licensee uses to not used as provided for in this title or that (b) PREEMPTION; AUDITS.—Section 315 of determine the rate charged under this sub- a participating candidate has violated any of such Act (47 U.S.C. 315) is amended— section.’’. the dates for remission of funds contained in (1) by redesignating subsections (c) and (d) SEC. 203. FCC TO PRESCRIBE STANDARDIZED this title, the Commission shall so notify the as subsections (e) and (f), respectively and FORM FOR REPORTING CANDIDATE candidate and the candidate shall pay to the moving them to follow the existing sub- CAMPAIGN ADS. Fund an amount equal to— section (e); (a) IN GENERAL.—Within 90 days after the ‘‘(A) the amount of benefits so used or not (2) by redesignating the existing subsection date of enactment of this Act, the Federal remitted, as appropriate; and (e) as subsection (c); and Communications Commission shall initiate a ‘‘(B) interest on any such amounts (at a (3) by inserting after subsection (c) (as re- rulemaking proceeding to establish a stand- rate determined by the Commission). designated by paragraph (2)) the following: ardized form to be used by broadcasting sta- ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any ‘‘(d) PREEMPTION.— tions, as defined in section 315(f)(1) of the action by the Commission in accordance ‘‘(1) IN GENERAL.—Except as provided in Communications Act of 1934 (47 U.S.C. with this subsection shall not preclude en- paragraph (2), and notwithstanding the re- 315(f)(1)), to record and report the purchase

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2208 CONGRESSIONAL RECORD — SENATE April 6, 2011 of advertising time by or on behalf of a can- S. 752. A bill to establish a com- technology, to find the cancer when it didate for nomination for election, or for prehensive interagency response to re- was most treatable. Now, however, pre- election, to Federal elective office. duce lung cancer mortality in a timely liminary results show a screening (b) CONTENTS.—The form prescribed by the Commission under subsection (a) shall re- manner; to the Committee on Health, method with a demonstrated reduction quire, broadcasting stations to report to the Education, Labor, and Pensions. in mortality for lung cancer. Commission and to the Federal Election Mrs. FEINSTEIN. Mr. President, I In 2010, the National Cancer Institute Commission, at a minimum— rise to call for a new effort to combat released initial results from the Na- (1) the station call letters and mailing ad- an often deadly form of cancer—by re- tional Lung Screening Trial, a large- dress; introducing the Lung Cancer Mortality scale study of screening methods to de- (2) the name and telephone number of the Reduction Act. I am pleased to be tect lung cancers at earlier stages. station’s sales manager (or individual with joined by my cosponsors, Senator The National Lung Screening Trial responsibility for advertising sales); (3) the name of the candidate who pur- ISAKSON and Senator KERRY on this found a 20 percent reduction in lung chased the advertising time, or on whose be- very important bill. cancer mortality among participants half the advertising time was purchased, and This bill will renew and improve Fed- screened with the computed tomog- the Federal elective office for which he or eral government’s efforts to combat raphy screening versus a traditional X- she is a candidate; lung cancer. It will: set a goal to re- ray. (4) the name, mailing address, and tele- duce lung cancer mortality by 50 per- This is the first time that research- phone number of the person responsible for cent by 2020; establish a Lung Cancer ers have seen evidence of a significant purchasing broadcast political advertising Mortality Reduction Program, with reduction in lung cancer mortality for the candidate; (5) notation as to whether the purchase comprehensive interagency coordina- with a screening test. agreement for which the information is tion, to develop and implement a plan This is why this legislation also in- being reported is a draft or final version; and to meet this goal; improve disparity cludes the creation of a computed to- (6) the following information about the ad- programs to ensure that the burdens of mography screening demonstration vertisement: lung cancer on minority populations project, to assess public health needs of (A) The date and time of the broadcast. are addressed; create a computed to- screening for lung cancer, and develop (B) The program in which the advertise- mography screening demonstration the most effective, safe, equitable, and ment was broadcast. project based on recent science; and es- efficient process to maximize the ben- (C) The length of the broadcast airtime. (c) INTERNET ACCESS.—In its rulemaking tablish a Lung Cancer Advisory Board, efit of screening. under subsection (a), the Commission shall which will provide an annual report to Efforts to fight lung cancer lag be- require any broadcasting station required to Congress on the progress of the Mor- hind other cancers, in part, due to stig- file a report under this section that main- tality Reduction Program. ma from smoking. Make no mistake, tains an Internet website to make available We have made great strides against tobacco use causes the majority of lung a link to such reports on that website. many types of cancer in the last sev- cancer cases. TITLE III—RESPONSIBILITIES OF THE eral decades. However, these gains are Tobacco cessation is a critical com- FEDERAL ELECTION COMMISSION uneven. ponent of reducing lung cancer mor- SEC. 301. PETITION FOR CERTIORARI. When the National Cancer Act was tality. Less smoking means less lung Section 307(a)(6) of the Federal Election passed in 1971, lung cancer had a 5-year cancer. Period. Campaign Act of 1971 (2 U.S.C. 437d(a)(6)) is But tobacco use does not fully ex- amended by inserting ‘‘(including a pro- survival rate of only 12 percent. After ceeding before the Supreme Court on certio- decades of research efforts and sci- plain lung cancer. Approximately 20 rari)’’ after ‘‘appeal’’. entific advances, this survival rate re- percent of lung cancer patients never SEC. 302. FILING BY SENATE CANDIDATES WITH mains only 15 percent. smoked. COMMISSION. In contrast, the 5 year survival rates Two-thirds of individuals diagnosed Section 302(g) of the Federal Election Cam- of breast, prostate, and colon cancer with lung cancer who have never paign Act of 1971 (2 U.S.C. 432(g)) is amended have risen to 89, 99 and 65 percent re- smoked are women. to read as follows: spectively. 60 percent of lung cancer patients are ‘‘(g) FILING WITH THE COMMISSION.—All des- ignations, statements, and reports required Lung cancer is the leading cause of former smokers who quit, often dec- to be filed under this Act shall be filed with cancer death for both men and women, ades ago. the Commission.’’. accounting for 28 percent of all cancer These patients may have been ex- SEC. 303. ELECTRONIC FILING OF FEC REPORTS. deaths. posed to second hand smoke, or they Section 304(a)(11) of the Federal Election Lung cancer causes more deaths an- may have been exposed to radon, asbes- Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is nually than: colon cancer, breast can- tos, chromium, or other chemicals. amended— cer, prostate cancer, and pancreatic There could be other causes and asso- (1) in subparagraph (A), by striking ‘‘under cancer combined. ciations that have not yet been discov- this Act—’’ and all that follows and inserting ered, genetic predispositions or other ‘‘under this Act shall be required to main- A National Cancer Institute study in tain and file such designation, statement, or 2009 indicated that the value of life lost environmental exposures. report in electronic form accessible by com- to lung cancer will exceed $433 billion The President’s National Cancer Ad- puters.’’; annually by 2020. visory Board Report of 2010 identified (2) in subparagraph (B), by striking ‘‘48 A four percent annual decline in mor- radon as the second leading cause of hours’’ and all that follows through ‘‘filed tality would reduce this amount by lung cancer after smoking and listed 15 electronically)’’ and inserting ‘‘24 hours’’; more than half. other environmental contaminants and A lung cancer diagnosis can be dev- strongly associated with lung cancer. (3) by striking subparagraph (D). astating. The average life expectancy I believe that we have the expertise TITLE IV—MISCELLANEOUS PROVISIONS following a lung cancer diagnosis is and technology to make serious SEC. 401. SEVERABILITY. only 9 months. progress against this deadly cancer, If any provision of this Act or amendment This is because far too many patients and to reach the goal of halving lung made by this Act, or the application of a provision or amendment to any person or cir- are not diagnosed with lung cancer cancer mortality by 2020. cumstance, is held to be unconstitutional, until it has progressed to the later We need this legislation to ensure the remainder of this Act and amendments stages. Lung cancer can be hard to di- that our government’s resources are fo- made by this Act, and the application of the agnose, and symptoms may at first ap- cused on this mission in the most effi- provisions and amendment to any person or pear to be other illnesses, such as bron- cient way possible. circumstance, shall not be affected by the chitis, chronic obstructive pulmonary Agency efforts must be coordinated, holding. disease, or asthma. and all sectors of the federal govern- SEC. 402. EFFECTIVE DATE. As a result, only 16 percent of lung ment that may have some ideas to lend Except as otherwise provided for in this Act, this Act and the amendments made by cancer patients are diagnosed when should be participating. That is what this Act shall take effect on January 1, 2012. their cancer is still localized, and is the the Lung Cancer Mortality Reduction most treatable. Program will accomplish. By Mrs. FEINSTEIN (for herself, When I introduced this legislation in In this bill the Secretary of Health Mr. ISAKSON, and Mr. KERRY): 2009, lung cancer lacked early detection and Human Services is tasked to work

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2209 in consultation with Secretaries and cancer death. Of individuals diagnosed with ‘‘(1) With respect to the National Insti- Directors from the Department of De- lung cancer who have never smoked, 2⁄3 of are tutes of Health— fense, Veterans Affairs, the National women. ‘‘(A) a strategic review and prioritization Institutes of Health, the Centers for (11) Lung cancer is the leading cause of by the National Cancer Institute of research Disease Control and Prevention, and cancer death in the overall population and in grants to achieve the goal of the lung cancer every major ethnic grouping, including Food and Drug Administration, the mortality reduction program in reducing white, African American, Hispanic, Asian lung cancer mortality; Centers for Medicare and Medicaid, and and Pacific Islander, American Indian, and ‘‘(B) the provision of funds to enable the the National Center on Minority Alaskan Native, with an even disproportion- Airway Biology and Disease Branch of the Health and Health Disparities. ately higher impact on African American National Heart, Lung, and Blood Institute to This means that each agency with an males that has not been addressed. expand its research programs to include pre- expertise on lungs, imaging, and cancer (12) Military personnel, veterans, and mu- dispositions to lung cancer, the inter- will be included in this long overdue nitions workers exposed to carcinogens such relationship between lung cancer and other process. as Agent Orange, crystalline forms of silica, pulmonary and cardiac disease, and the diag- We can do better for Americans diag- arsenic, uranium, beryllium, and battlefield nosis and treatment of these interrelation- nosed with lung cancer. I ask my col- fuel emissions have increased risk for lung ships; leagues to support this legislation. cancer. ‘‘(C) the provision of funds to enable the Mr. President, I ask unanimous con- (13) Only 16 percent of lung cancer is being National Institute of Biomedical Imaging diagnosed at an early stage and there were and Bioengineering to expedite the develop- sent that the text of the bill be printed no targets for the early detection or treat- in the RECORD. ment of screening, diagnostic, surgical, ment of lung cancer included in the Depart- treatment, and drug testing innovations to There being no objection, the text of ment of Health and Human Services’s facilitate the potential of imaging as a bio- the bill was ordered to be printed in ‘‘Healthy People 2010’’ or ‘‘Healthy People marker and reduce lung cancer mortality, the RECORD, as follows: 2020’’. such as through expansion of the Quantum (14) An actuarial analysis carried out by S. 752 Grant Program and Image-Guided Interven- Milliman Inc. and published in Population Be it enacted by the Senate and House of Rep- tions programs of the National Institute of Health Management Journal in 2009 indi- resentatives of the United States of America in Biomedical Imaging and Bioengineering; cated that early detection of lung cancer Congress assembled, ‘‘(D) the provision of funds to enable the could save more than 70,000 lives a year in SECTION 1. SHORT TITLE. National Institute of Environmental Health the United States. This Act may be cited as the ‘‘Lung Cancer Sciences to implement research programs (15) A National Cancer Institute study in Mortality Reduction Act of 2011’’. relative to lung cancer incidence; and; SEC. 2. FINDINGS. 2009 indicated that while the value of life lost to lung cancer will exceed $433,000,000,000 ‘‘(E) the provision of funds to enable the Congress makes the following findings: National Institute on Minority Health and (1) Lung cancer is the leading cause of can- a year by 2020, a 4 percent annual decline in lung cancer mortality would reduce that Health Disparities to collaborate on preven- cer death for both men and women, account- tion, early detection, and disease manage- ing for 28 percent of all cancer deaths. amount by more than half. (16) In 2010, the National Cancer Institute ment research, and to conduct outreach pro- (2) The National Cancer Institute esti- grams in order to address the impact of lung mates that in 2010, there were 222,520 new di- released initial results from the National Lung Screening Trial, a large-scale random- cancer on minority populations. agnosis of lung cancer and 157,300 deaths at- ‘‘(2) With respect to the Food and Drug Ad- tributed to the disease. ized national trial that compared the effect of low-dose helical computed tomography ministration, the provision of funds to en- (3) According to projections published in able the Center for Devices and Radiologic the Journal of Clinical Oncology in 2009, be- (‘‘CT’’) and a standard chest x-ray on lung Health to— tween 2010 and 2030, the incidence of lung cancer mortality. The study found 20 percent ‘‘(A) establish quality standards and guide- cancer will increase by 46 percent for women fewer lung cancer deaths among study par- lines for hospitals, outpatient departments, and by 58 percent for men. The increase in ticipants screened with the CT scan. clinics, radiology practices, mobile units, the incidence of lung cancer among minority SEC. 3. SENSE OF THE SENATE CONCERNING IN- physician offices, or other facilities that communities during that time period will VESTMENT IN LUNG CANCER RE- conduct computed tomography screening for range from 74 percent to 191 percent. SEARCH. lung cancer; (4) Lung cancer causes more deaths annu- It is the sense of the Senate that— ‘‘(B) provide for the expedited revision of ally than the next 4 leading causes of cancer (1) lung cancer mortality reduction should standards and guidelines, as required to ac- deaths, colon cancer, breast cancer, prostate be made a national public health priority; commodate technological advances in imag- cancer, and pancreatic cancer, combined. and (5) The 5-year survival rate for lung cancer (2) a comprehensive mortality reduction ing; and is only 15 percent, while the 5-year survival program coordinated by the Secretary of ‘‘(C) conduct an annual random sample rate for breast cancer is 89 percent, for pros- Health and Human Services is justified and survey to review compliance and evaluate tate cancer 99 percent, and for colon cancer necessary to adequately address all aspects dose and accuracy performance. 65 percent. Yet in research dollars per death, of lung cancer and reduce lung cancer mor- ‘‘(3) With respect to the Centers for Disease lung cancer is the least funded of the major tality among current smokers, former smok- Control and Prevention— cancers. ers, and non-smokers. ‘‘(A) the provision of funds to establish a (6) In 2001, the Lung Cancer Progress Re- SEC. 4. LUNG CANCER MORTALITY REDUCTION Lung Cancer Early Detection Program that view Group of the National Cancer Institute PROGRAM. provides low-income, uninsured, and under- stated that funding for lung cancer research Part P of title III of the Public Health served populations that are at high risk for was ‘‘far below the levels characterized for Service Act (42 U.S.C. 280g et seq.) is amend- lung cancer access to early detection serv- other common malignancies and far out of ed by adding at the end the following: ices; proportion to its massive health impact’’ and ‘‘SEC. 399V–6. LUNG CANCER MORTALITY REDUC- ‘‘(B) the provision of funds to enable the it gave the ‘‘highest priority’’ to the cre- TION PROGRAM. National Institute for Occupational Safety ation of an integrated multidisciplinary, ‘‘(a) IN GENERAL.—Not later than 180 days and Health to conduct research on environ- multi-institutional research program. No after the date of enactment of the Lung Can- mental contaminants strongly associated comprehensive plan has been developed. cer Mortality Reduction Act of 2011, the Sec- with lung cancer in the workplace and imple- (7) While smoking is the leading risk factor retary, in consultation with the Secretary of ment measures to reduce lung cancer risk for lung cancer, the President’s National Defense, the Secretary of Veterans Affairs, and provide for an early detection program; Cancer Advisory Board Report of 2010 identi- the Director of the National Institutes of and fied radon as the second leading cause of Health, the Director of the Centers for Dis- ‘‘(C) a requirement that State, tribal, and lung cancer and listed 15 other environ- ease Control and Prevention, the Commis- territorial plans developed under the Na- mental contaminants strongly association sioner of Food and Drugs, the Administrator tional Comprehensive Cancer Control Pro- with lung cancer, and there is accumulating of the Centers for Medicare & Medicaid Serv- gram include lung cancer mortality reduc- evidence that hormonal and genetic factors ices, the Director of the National Center on tion measures commensurate with the public may influence the onset. Minority Health and Health Disparities, and health impact of lung cancer. (8) Lung cancer is the most stigmatized of other members of the Lung Cancer Advisory ‘‘(4) With respect to the Agency for all the cancers and the only cancer blamed Board established under section 7 of the Healthcare Research and Quality, the annual on patients, whether they smoked or not. Lung Cancer Mortality Reduction Act of review of lung cancer early detection meth- (9) Nearly 20 percent of lung cancer pa- 2011, shall implement a comprehensive pro- ods, diagnostic and treatment protocols, and tients have never smoked. Sixty percent of gram to achieve a 50 percent reduction in the the issuance of updated guidelines. individuals diagnosed with lung cancer are mortality rate of lung cancer by 2020. ‘‘(5) The cooperation and coordination of former smokers who quit, often decades ago. ‘‘(b) REQUIREMENTS.—The program imple- all programs for women, minorities, and (10) Lung cancer in men and women who mented under subsection (a) shall include at health disparities within the Department of never smoked is the sixth leading cause of least the following: Health and Human Services to ensure that

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2210 CONGRESSIONAL RECORD — SENATE April 6, 2011 all aspects of the Lung Cancer Mortality Re- appropriate, as sites to carry out the dem- Aquariums support more than 142,000 jobs duction Program adequately address the bur- onstration project described under this sec- nationwide, making such zoos and aquariums den of lung cancer on women and minority, tion. a valuable part of local and national econo- rural, and underserved populations. (e) QUALITY STANDARDS AND GUIDELINES mies; ‘‘(6) The cooperation and coordination of FOR LICENSING OF TOMOGRAPHY SCREENING Whereas according to the Association of all tobacco control and cessation programs FACILITIES.—The Secretary shall establish Zoos and Aquariums, accredited zoos and within agencies of the Department of Health quality standards and guidelines for the li- aquariums generate more than $15,000,000,000 and Human Services to achieve the goals of censing of hospitals, outpatient depart- in economic activity in the United States the Lung Cancer Mortality Reduction Pro- ments, clinics, radiology practices, mobile annually; gram with particular emphasis on the co- units, physician offices, or other facilities Whereas according to the Association of ordination of drug and other cessation treat- that conduct computed tomography screen- Zoos and Aquariums, accredited zoos and ments with early detection protocols.’’. ing for lung cancer through the demonstra- aquariums attract more than 165,000,000 visi- SEC. 5. DEPARTMENT OF DEFENSE AND THE DE- tion project, that will require the establish- tors each year and are a valuable part of re- PARTMENT OF VETERANS AFFAIRS. ment and maintenance of a quality assur- gional, State, and local tourist economies; The Secretary of Defense and the Sec- ance and quality control program at each Whereas according to the Association of retary of Veterans Affairs shall coordinate such facility that is adequate and appro- Zoos and Aquariums, accredited zoos and with the Secretary of Health and Human priate to ensure the reliability, clarity, and aquariums have formally trained more than Services— accuracy of the equipment and interpreta- 400,000 teachers, and such zoos and aquar- (1) in developing the Lung Cancer Mor- tion of the screening scan and set appro- iums support science curricula with effective tality Reduction Program under section priate standards to control the levels of radi- teaching materials and hands-on opportuni- 399V–6 of the Public Health Service Act, as ation dose. ties and host more than 12,000,000 students added by section 4; (f) TIMEFRAME.—The Secretary shall con- annually on school field trips; (2) in implementing the demonstration duct the demonstration project under this Whereas according to the Association of project under section 6 within the Depart- section for a 5-year period. Zoos and Aquariums, accredited zoos and ment of Defense and the Department of Vet- (g) REPORT.—Not later than 180 days after aquariums provide a unique opportunity for erans Affairs with respect to military per- the date of enactment of this Act, the Sec- the public to engage in conservation and sonnel and veterans whose smoking history retary shall submit a report to Congress on education efforts, and more than 60,000 peo- and exposure to carcinogens during active the projected cost of the demonstration ple invest more than 3,000,000 hours per year duty service has increased their risk for lung project, and shall submit annual reports to as volunteers at such zoos and aquariums; cancer; and Congress thereafter on the progress of the Whereas public investment in accredited (3) in implementing coordinated care pro- demonstration project and preliminary find- zoos and aquariums has dual benefits, includ- grams for military personnel and veterans ings. ing immediate job creation and environ- diagnosed with lung cancer. SEC. 7. LUNG CANCER ADVISORY BOARD. mental education for children in the United SEC. 6. LUNG CANCER SCREENING DEMONSTRA- (a) IN GENERAL.—The Secretary of Health States; TION PROJECT. and Human Services shall establish a Lung Whereas accredited zoos and aquariums (a) SENSE OF THE SENATE.—It is the sense Cancer Advisory Board (referred to in this focus on connecting people and animals, and of the Senate that a national computed to- section as the ‘‘Board’’) to monitor the pro- such zoos and aquariums provide a critical mography lung cancer screening demonstra- grams established under this Act (and the link to helping animals in their native habi- tion project should be carried out expedi- amendments made by this Act), and provide tats; tiously in order to assess the public health annual reports to Congress concerning Whereas according to the Association of infrastructure needs and to develop the most benchmarks, expenditures, lung cancer sta- Zoos and Aquariums, accredited zoos and effective, safe, equitable, and efficient proc- tistics, and the public health impact of such aquariums have provided more than ess that will maximize the public health ben- programs. $90,000,000 per year over the past 5 years to efits of screening. (b) COMPOSITION.—The Board shall be com- support more than 4,000 field conservation (b) DEMONSTRATION PROJECT IN GENERAL.— posed of— and research projects in more than 100 coun- Not later than 1 year after the date of enact- (1) the Secretary of Health and Human tries; and ment of this Act, the Secretary of Health Services; Whereas many Federal agencies have rec- and Human Services (referred to in this Act (2) the Secretary of Defense; ognized accredited zoos and aquariums as as the ‘‘Secretary’’), in consultation with the (3) the Secretary of Veterans Affairs; critical partners in rescue, rehabilitation, Secretary of Defense, the Secretary of Vet- (4) the Director of the Occupational Safety confiscation, and reintroduction efforts for erans Affairs, the Director of the National and Health Administration; distressed, threatened, and endangered spe- Institutes of Health, the Director of the Cen- (5) the Director of the National Institute of cies: Now, therefore, be it ters for Disease Control and Prevention, the Standards and Technology; and Resolved, That the Senate— Commissioner of Food and Drugs, the Ad- (6) one representative each from the fields (1) recognizes and honors the zoos and ministrator of the Centers for Medicare & of clinical medicine focused on lung cancer, aquariums of the United States; Medicaid Services, and the other members of lung cancer research, radiology, imaging re- (2) commends the employees and volun- the Lung Cancer Advisory Board established search, drug development, minority health teers at each zoo and aquarium for their under section 7 of the Lung Cancer Mortality advocacy, veterans service organizations, hard work and dedication; Reduction Act of 2011, shall establish a dem- lung cancer advocacy, and occupational med- (3) recommends that people in the United onstration project, to be known as the Lung icine to be appointed by the Secretary of States visit their local accredited zoo and Cancer Computed Tomography Screening Health and Human Services. aquarium and take advantage of the edu- and Treatment Demonstration Project (re- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. cational opportunities that such zoos and ferred to in this section as the ‘‘demonstra- To carry out this Act (and the amend- aquariums offer; and tion project’’). ments made by this Act), there are author- (4) urges continued support for accredited (c) PROGRAM REQUIREMENTS.—The Sec- ized to be appropriated such sums as may be zoos and aquariums and the important con- retary shall ensure that the demonstration necessary for each of fiscal years 2012 servation, education, and recreation pro- project— through 2016. grams of such zoos and aquariums. (1) identifies the optimal risk populations f f that would benefit from screening; (2) develops the most effective, safe, equi- SUBMITTED RESOLUTIONS SENATE RESOLUTION 133—TO RE- table and cost-efficient process for screening QUIRE THAT NEW WAR FUNDING and early disease management; BE OFFSET (3) allows for continuous improvements in SENATE RESOLUTION 132—RECOG- quality controls for the process; and NIZING AND HONORING THE Mr. FRANKEN submitted the fol- (4) serves as a model for the integration of ZOOS AND AQUARIUMS OF THE lowing resolution; which was referred health information technology and the con- UNITED STATES to the Committee on the Budget: cept of a rapid learning into the health care S. RES. 133 system. Mr. NELSON of Nebraska (for him- Resolved, (d) PARTICIPATION.—The Secretary shall se- self, Mr. DURBIN, Ms. CANTWELL, and SECTION 1. SHORT TITLE. lect not less than 5 National Cancer Insti- Mrs. MURRAY) submitted the following tute Centers, 5 Department of Defense Med- resolution; which was referred to the This resolution may be cited as the ‘‘Pay for War Resolution’’. ical Treatment Centers, 5 sites within the Committee on Environment and Public SEC. 2. DEFICIT-NEUTRAL WAR SPENDING. Veterans Affairs Healthcare Network, 5 Works: International Early Lung Cancer Action Pro- (a) IN GENERAL.—For purposes of budget gram sites, 10 community health centers for S. RES. 132 enforcement and except as provided in this minority and underserved populations, and Whereas the 223 zoos and aquariums ac- section, it shall not be in order for the Sen- additional sites as the Secretary determines credited by the Association of Zoos and ate to consider budget authority for overseas

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2211 contingency operations if it increases the on- the military and their families, while simply says that if there is a new over- budget deficit over the period of the budget the rest is passed on to future genera- seas contingency operation requiring year and the ensuing 9 fiscal years following tions in the form of debt. new funding beyond the Defense base the budget year. Over the last 10 years, our wars have budget, that funding must be offset. It (b) OFFSETS.—Budget authority provided for overseas contingency operations in a bill, been paid for by borrowing, mostly does not specify how that offset is to be resolution, amendment, motion, or con- from China and other countries willing found, leaving it up to Congress to deference report shall be considered deficit to finance our debt, and by giant emer- cide. Different people have different neutral for the purpose of this section if such gency spending bills. That is unusual ideas. Some may propose spending authority— in American history and, frankly, my cuts, others may propose revenue in- (1) is considered subsequent to an Act of resolution is aimed at making sure it creases or a combination of the two. Congress that raises revenue for the des- stays unusual. Iraq and Afghanistan But the bottom line is, Congress must ignated purpose of paying for such overseas have cost us well over $1 trillion. In find a way to pay for the cost of new contingency operations; or wars we decide to undertake. (2) includes new reductions in spending au- fact, the Congressional Research Serv- ice’s most recent estimate is that, in- More specifically, this pay-for-war thority. resolution creates a point of order so (c) IRAQ AND AFGHANISTAN.—For purposes cluding this fiscal year, Congress will any Senator can object to a legislative of this section, the following amounts are have approved $1 1⁄4 trillion for Iraq and not required to be offset with respect to the Afghanistan—$806 billion for Iraq and proposal that allows for spending on overseas contingency operations in Iraq and $444 billion for Afghanistan. new overseas contingency operations Afghanistan: That is a staggering sum of money, that is not deficit neutral. But it has (1) For fiscal year 2012, $118,000,000,000. and it has been financed through debt, some flexibilities. First, it allows the (2) For fiscal years 2013 through 2016, an through borrowing from other coun- cost for war in a given year to be offset amount equal to the President’s budget re- over 10 years. Because of how the budg- quest for that fiscal year for overseas contin- tries, and emergency supplemental spending bills which go on our debt. eting process works now, spending cuts gency operations funds for Iraq and Afghani- must be found in the same year of stan. What is more, the Iraq war was accom- funding as the war spending. But if (d) BUDGET DETERMINATIONS.—Compliance panied by a massive tax cut. That there is any offset on the revenue side, with this section shall be determined on the failed fiscal experiment created the im- basis of estimates provided by the Com- it can be spread out over 10 years. pression that going to war requires no My resolution also allows the offset mittee on the Budget of the Senate. financial sacrifice. We know that is not (e) WAIVER AND APPEAL.— requirement to be overridden by a vote (1) WAIVER.—The provisions of this section true. of 60 Senators. So if three-fifths of us may be waived or suspended in the Senate The question is, Who will bear the fi- deem it important enough to spend on only by the affirmative vote of three-fifths nancial sacrifice, the generation that an overseas contingency operation of the Members, duly chosen and sworn. has decided to go to war or its children without paying for it ourselves, that (2) APPEALS.—Appeals in the Senate from and grandchildren? The Iraq and Af- can happen. I believe this fully address- the decisions of the Chair relating to any ghanistan wars drove up our deficit. provision of this section shall be limited to 1 es any concern people might have They didn’t single-handedly create our about unduly tying the hands of the hour, to be equally divided between, and con- deficit problem, but they made it much trolled by, the appellant and the manager of President or of the Congress, for that the bill or joint resolution, as the case may worse. If we are going to fix our deficit matter. If there were a genuine emer- be. An affirmative vote of three-fifths of the problem, rejecting how we finance gency that required immediate mili- Members of the Senate, duly chosen and those wars must be part of the solu- tary response in the short term, and sworn, shall be required to sustain an appeal tion. that could not be covered by the base of the ruling of the Chair on a point of order We have to ensure that the manner of raised under this section. defense budget, my resolution would funding—by borrowing—the Iraq and not tie our hands. Any true emergency Mr. FRANKEN. Mr. President, I rise Afghanistan wars remains an anomaly would certainly motivate enough of us to speak on my pay-for-war resolution, in American history. That is exactly to vote to waive the point of order. which I am submitting today. This res- what my resolution seeks to do. It will Similarly, if at a particular time our olution would change the way we pay ensure that future wars don’t make our economic circumstances make it espe- for war spending, and it would change deficit and debt problem worse. It will cially ill-advised to offset the spending the way we deliberate about going to ensure that Congress and the American on a war, we would be able to waive or war. people face the financial sacrifice of override the offset requirement with 60 This is not a symbolic resolution. It going to war, and it will force us to de- votes here in the Senate. would return us to the traditional cide whether a war is worth that sac- Let me talk briefly about how this American way of paying for wars, rifice. resolution handles Iraq and Afghani- where the Congress and the Nation A huge gap has grown between the stan. Unfortunately, we are where we confront head-on the financial cost, majority of the American people and are on Iraq and Afghanistan. This reso- commitment, and sacrifice of going to the small proportion who serve in the lution is not meant to drive policy on war. This is something I believe in military. So much sacrifice has been those wars. It is forward looking. Ear- strongly. It is an issue I have been asked of them and their families, yet lier I mentioned the Obama adminis- working on for months. This did not so little of the rest of us. My resolution tration’s praiseworthy effort to reduce start with Libya, though Libya cer- will reconnect those who serve and our reliance on emergency supplemental tainly gives it a new urgency. larger society. spending bills. My resolution would A number of my friends on both sides The Obama administration is taking strengthen that effort by exempting of the aisle have expressed concerns an important step in seeking to reduce the spending on those wars from this about the potential costs of the war in reliance on emergency spending bills offset requirement but only up to the Libya, but this resolution is broader and, instead, budget for war through amount of the President’s regular than Libya. It is about how we are the regular budget process. They have budget request. Anything above that going to pay for any wars in the future. included an overseas contingency oper- cap would be subject to the offset re- The resolution seeks to reestablish a ations account over and above the quirement. For example, for fiscal year fiscally responsible way of paying for budget for the day-to-day operations of 2012 the President requested $118 bil- our wars. the Defense Department. That account lion for Iraq and Afghanistan. Any It is fiscally responsible because it is where we now find our war funding. costs over and above that request would require that war spending be But the improvements the Obama ad- would need to be offset. That number paid for or offset, as we say in the Sen- ministration has made are not enough. should go down as we draw down from ate. It is also morally and politically The momentous decision to go to war Iraq and Afghanistan. This idea is de- responsible because it would reestab- deserves a way of paying for those wars rived, by the way, from a recommenda- lish the connection between the citi- that matches the seriousness of that tion of the President’s fiscal commis- zenry of the United States and the cost decision. sion. of going to war—a burden that is now Overseas contingency operations The idea that we should pay for our shared solely by the men and women of should be paid for. Thus, my resolution wars is not a Democratic idea. It is not

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2212 CONGRESSIONAL RECORD — SENATE April 6, 2011 a Republican idea. It is not left or JOHANNS, and Mrs. HUTCHISON) sub- dent Obama and Attorney General Eric Hold- right, it is not antiwar, it is not pro- mitted the following resolution; which er concluded the law is unconstitutional; war—it is common sense. That is why was considered and agreed to: Whereas President Obama himself has said that marriage is something sanctified be- my resolution has garnered expressions S. RES. 134 tween a man and a woman; of support from a diverse range of orga- Whereas Parkinson’s disease is the second Whereas, passed by significant majorities nizations and defense and budget ex- most common neurodegenerative disease in in both chambers of Congress and signed into perts. It is supported by the Center for the United States, second only to Alz- law by President Bill Clinton, the Defense of American Progress Action Fund, by heimer’s disease; Marriage Act has never been overturned in the Bipartisan Policy Center, and by Whereas even though there is inadequate any Federal lawsuit challenging that Act’s the Committee for a Responsible Fed- comprehensive data on the incidence and constitutionality by a Federal court, yet the eral Budget. Noted fiscal hawk David prevalence of Parkinson’s disease, as of 2011, Department of Justice has decided not to de- it is estimated that the disease affects over fend that Act in Federal court; Walker, the former Comptroller Gen- 1,000,000 people in the United States; Whereas, on the contrary, the Department eral of the United States, has expressed Whereas although research suggests the of Justice is vigorously defending in numer- his support. So has Maya MacGuineas cause of Parkinson’s disease is a combina- ous Federal courts across the country Presi- of the Committee for a Responsible tion of genetic and environmental factors, dent Obama’s signature health care reform Federal Budget. the exact cause and progression of the dis- law, the Patient Protection and Affordable A number of experts have stated the ease is still unknown; Care Act (Public Law 111–148), and the re- rationale for the bill very powerfully. Whereas there is no objective test for Par- lated Health Care and Education Reconcili- Here is what Michael O’Hanlon of the kinson’s disease, and the rate of misdiag- ation Act of 2010 (Public Law 111–152), after nosis can be high; the bills involved barely passed both cham- Brookings Institution said: Whereas symptoms of Parkinson’s disease bers of Congress on party line votes, and Senator Franken’s proposal is serious and vary from person to person and include trem- whose critical individual mandate provision smart. It seeks to remedy a major problem of ors, slowness, difficulty with balance, swal- has been declared unconstitutional by sepa- the last decade—fighting wars while not ask- lowing, chewing, and speaking, rigidity, cog- rate Federal district courts in the cases of ing the broader nation for sacrifice and com- nitive problems, dementia, mood disorders, Florida v. United States Department of mitment and meanwhile racking up Federal such as depression and anxiety, constipation, Health and Human Services, Case No.: 3:10– debt in a way that endangers the economic skin problems, and sleep disruptions; cv–91–RV/EMT (N.D. Fla., Jan. 31, 2011), and progress of future generations. Whereas medications mask some symp- Virginia ex rel. Cuccinelli v. Sebelius, 728 F. Here is what William Niskanen and toms of Parkinson’s disease for a limited Supp. 2d 768 (E.D. Va. 2010); and Ben Friedman of the Cato Institute amount of time each day, often with dose- Whereas the vast majority of Americans said: limiting side effects; believe that marriage should continue to be Whereas ultimately the medications and what it always has been—the legal and spir- Democracies cannot accurately evaluate treatments lose their effectiveness, gen- itual union between one man and one policies with hidden costs. Deficit financing erally after 4 to 8 years, leaving the person woman: Now, therefore, be it sends war bills to future taxpayers. That unable to move, speak, or swallow; Resolved by the Senate (the House of Rep- limits the extent to which voters and their Whereas there is no cure, therapy, or drug resentatives concurring), That Congress— Representatives weigh the wars’ costs to slow or halt the progression of Parkin- (1) condemns the Obama administration’s against other priorities. The effect is to son’s disease; and direction that the Department of Justice make war feel cheaper than it is. Whereas increased education and research should discontinue defending the Defense of Here is what Dean Baker of the Cen- are needed to help find more effective treat- Marriage Act; and ter for Economic and Policy Research ments with fewer side effects and, ulti- (2) demands that the Department of Jus- said: mately, an effective treatment or cure for tice continue to defend the Defense of Mar- Parkinson’s disease; riage Act in all instances. The vast majority of people in the country Now, therefore, be it have no direct connection to the people serv- f Resolved, That the Senate— ing in the military. If we think that a situa- (1) supports the designation of April as AUTHORITY FOR COMMITTEES TO tion requires the men and women in our Parkinson’s Awareness Month; MEET military to risk their own lives, then the (2) supports the goals and ideals of Parkin- rest of us should at least be willing to pay COMMITTEE ON AGRICULTURE, NUTRITION, AND son’s Awareness Month; for the costs of this adventure with our tax FORESTRY (3) continues to support research to find dollars. Mr. BAUCUS. Mr. President, I ask better treatments, and eventually, a cure for unanimous consent that the Com- My resolution makes budgetary sense Parkinson’s disease; and it makes moral and political sense. (4) recognizes the people living with Par- mittee on Agriculture, Nutrition, and That is why I am confident my resolu- kinson’s who participate in vital clinical Forestry be authorized to meet during tion will garner the support of my col- trials to advance knowledge of this disease; the session of the Senate on April 6, leagues and of the American people. I and 2011. The PRESIDING OFFICER. Without think Americans understand that the (5) commends the dedication of local and regional organizations, volunteers, and mil- objection, it is so ordered. way we have gone about paying for the lions of Americans across the country work- wars in Iraq and Afghanistan—by bor- COMMITTEE ON BANKING, HOUSING, AND URBAN ing to improve the quality of life of persons AFFAIRS rowing and putting the financial bur- living with Parkinson’s disease and their Mr. BAUCUS. Mr. President, I ask den on later generations instead of tak- families. unanimous consent that the Com- ing it on ourselves—is not good budg- f mittee on Banking, Housing, and eting and, frankly, it is not good deci- Urban Affairs be authorized to meet sionmaking about war. Right now we SENATE CONCURRENT RESOLU- during the session of the Senate on are hiding the costs of war by shifting TION 11—EXPRESSING THE April 6, 2011, at 9:30 a.m., to conduct a their financial burden to future genera- SENSE OF CONGRESS WITH RE- hearing entitled ‘‘The Role of the Ac- tions and we are refusing to consider SPECT TO THE OBAMA ADMINIS- counting Profession in Preventing An- the real sacrifices that war requires of TRATION’S DISCONTINUING TO other Financial Crisis.’’ a nation—not just the members of the DEFEND THE DEFENSE OF MAR- The PRESIDING OFFICER. Without military. That has to change. We need RIAGE ACT objection, it is so ordered. to start paying for war and it needs to Mr. INHOFE submitted the following COMMITTEE ON ENVIRONMENT AND PUBLIC be part of the larger conversation concurrent resolution; which was re- WORKS about how we address our Nation’s def- ferred to the Committee on the Judici- Mr. BAUCUS. Mr. President, I ask icit and debt. ary: unanimous consent that the Com- f S. CON. RES. 11 mittee on Environment and Public Works be authorized to meet during SENATE RESOLUTION 134—SUP- Whereas on February 23, 2011, President the session of the Senate on April 6, PORTING THE DESIGNATION OF Barack Obama ordered the Department of Justice to drop its defense of a central part 2011, at 9:15 a.m. in Dirksen 406 to hold APRIL AS PARKINSON’S AWARE- a hearing entitled, ‘‘State and Local NESS MONTH of the 1996 law that bars the Federal Govern- ment from recognizing same-sex unions, the Perspectives on Transportation.’’ Ms. STABENOW (for herself, Mr. Defense of Marriage Act (adding section 7 of The PRESIDING OFFICER. Without ISAKSON, Mr. UDALL of Colorado, Mr. title 1, United States Code), and both Presi- objection, it is so ordered.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S06AP1.REC S06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — SENATE S2213 COMMITTEE ON FOREIGN RELATIONS nancial Institutions and Consumer search and has received more than $2.7 Mr. BAUCUS. Mr. President, I ask Protection be authorized to meet dur- million in Federal funds. These dollars unanimous consent that the Com- ing the session of the Senate on April are being put to use at some of our top mittee on Foreign Relations be author- 6, 2011, at 3 p.m., to conduct a hearing university and medical research facili- ized to meet during the session of the entitled ‘‘The State of Community ties across the State, including: the Senate on April 6, 2011, at 10 a.m., to Banking: Opportunities and Chal- University of Texas, Baylor College of hold a hearing entitled, ‘‘Perspectives lenges.’’ Medicine, Texas Tech University on the Crisis in Libya.’’ The PRESIDING OFFICER. Without Health Science Center, and the Audie The PRESIDING OFFICER. Without objection, it is so ordered. L. Murphy VA Medical Center in San objection, it is so ordered. SUBCOMMITTEE ON STRATEGIC FORCES Antonio. COMMITTEE ON FOREIGN RELATIONS Mr. BAUCUS. Mr. President, I ask Today, I am proud to recognize April Mr. BAUCUS. Mr. President, I ask unanimous consent that the Sub- as Parkinson’s Awareness Month, and I unanimous consent that the Com- committee on Strategic Forces of the hope that this will not only raise awareness of this devastating disease, mittee on Foreign Relations be author- Committee on Armed Services be au- but will also renew focus and vigor to ized to meet during the session of the thorized to meet during the session of the fight to treat and ultimately elimi- Senate on April 6, 2011, at 2:30 p.m. the Senate on April 6, 2011, at 2:30 p.m. The PRESIDING OFFICER. Without nate Parkinson’s disease. The PRESIDING OFFICER. Without Mr. DURBIN. I ask unanimous con- objection, it is so ordered. objection, it is so ordered. sent the resolution be agreed to, the COMMITTEE ON HOMELAND SECURITY AND f preamble be agreed to, the motions to GOVERNMENTAL AFFAIRS PRIVILEGES OF THE FLOOR reconsider be laid on the table with no Mr. BAUCUS. Mr. President, I ask intervening action or debate, and any unanimous consent that the Com- Mr. MERKLEY. Mr. President, I ask statements be printed in the RECORD. mittee on Homeland Security and Gov- unanimous consent that my intern, The PRESIDING OFFICER. Without ernmental Affairs be authorized to Robyn Varner, have floor privileges for objection, it is so ordered. meet during the session of the Senate the remainder of the day. The resolution (S. Res. 134) was on April 6, 2011, at 10 a.m. The ACTING PRESIDENT pro tem- agreed to. The PRESIDING OFFICER. Without pore. Without objection, it is so or- The preamble was agreed to. objection, it is so ordered. dered. The resolution, with its preamble, COMMITTEE ON THE JUDICIARY f reads as follows: Mr. BAUCUS. Mr. President, I ask S. RES. 134 unanimous consent that the Com- PARKINSON’S AWARENESS MONTH Whereas Parkinson’s disease is the second mittee on the Judiciary be authorized Mr. DURBIN. Mr. President, I ask most common neurodegenerative disease in to meet during the session of the Sen- unanimous consent the Senate proceed the United States, second only to Alz- ate, on April 6, 2011, at 10 a.m., in room to the immediate consideration of S. heimer’s disease; SD–226 of the Dirksen Senate Office Res. 134, introduced earlier today. Whereas even though there is inadequate comprehensive data on the incidence and Building, to conduct a hearing entitled The PRESIDING OFFICER. The prevalence of Parkinson’s disease, as of 2011, ‘‘The Electronic Communications Pri- clerk will report the resolution by it is estimated that the disease affects over vacy Act: Government Perspectives on title. 1,000,000 people in the United States; Protecting Privacy in the Digital The assistant legislative clerk read Whereas although research suggests the Age.’’ as follows: cause of Parkinson’s disease is a combina- The PRESIDING OFFICER. Without A resolution (S. Res. 134) supporting the tion of genetic and environmental factors, objection, it is so ordered. designation of April as Parkinson’s Aware- the exact cause and progression of the dis- ness Month. ease is still unknown; COMMITTEE ON VETERANS’ AFFAIRS Whereas there is no objective test for Par- Mr. BAUCUS. Mr. President, I ask There being no objection, the Senate kinson’s disease, and the rate of misdiag- unanimous consent that the Com- proceeded to consider the resolution. nosis can be high; mittee on Veterans’ Affairs be author- Mrs. HUTCHISON. Mr. President, Dr. Whereas symptoms of Parkinson’s disease ized to meet during the session of the James Parkinson first identified the vary from person to person and include trem- Senate on April 6, 2011. The Committee symptoms of this debilitating disease ors, slowness, difficulty with balance, swal- will meet in room 418 of the Russell in 1817, and now an estimated 1.5 mil- lowing, chewing, and speaking, rigidity, cog- lion Americans are currently living nitive problems, dementia, mood disorders, Senate Office Building beginning at 10 such as depression and anxiety, constipation, a.m. with Parkinson’s. Despite major ad- skin problems, and sleep disruptions; The PRESIDING OFFICER. Without vances in modern technology and the Whereas medications mask some symp- objection, it is so ordered. establishment of the Parkinson’s Dis- toms of Parkinson’s disease for a limited SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ease Research Agenda more than 10 amount of time each day, often with dose- AGEMENT, GOVERNMENT INFORMATION, FED- years ago, we regrettably still do not limiting side effects; ERAL SERVICES, AND INTERNATIONAL SECU- know the cause, and we are still look- Whereas ultimately the medications and RITY ing for a cure. treatments lose their effectiveness, gen- Mr. BAUCUS. Mr. President, I ask Parkinson’s disease is a degenerative erally after 4 to 8 years, leaving the person unable to move, speak, or swallow; unanimous consent that the Com- brain disorder with major symptoms Whereas there is no cure, therapy, or drug mittee on Homeland Security and Gov- such as tremors, trouble walking, and to slow or halt the progression of Parkin- ernmental Affairs’ Subcommittee on speech difficulties. The number of peo- son’s disease; and Federal Financial Management, Gov- ple being diagnosed with Parkinson’s Whereas increased education and research ernment Information, Federal Serv- continues to rise. The newest treat- are needed to help find more effective treat- ices, and International Security be au- ments are coming from cutting edge ments with fewer side effects and, ulti- thorized to meet during the session of medical innovations, like deep brain mately, an effective treatment or cure for the Senate on April 6, 2011, at 1:30 p.m. stimulation. However, we can and must Parkinson’s disease; Now, therefore, be it to conduct a hearing entitled ‘‘Census: do more to keep pushing the bound- Resolved, That the Senate— Learning Lessons from 2010, Planning aries to find better therapies and hope- (1) supports the designation of April as for 2020.’’ fully, very soon, a cure. This requires a Parkinson’s Awareness Month; The PRESIDING OFFICER. Without continued national commitment to (2) supports the goals and ideals of Parkin- objection, it is so ordered. biomedical research. son’s Awareness Month; (3) continues to support research to find SUBCOMMITTEE ON FINANCIAL INSTITUTIONS The National Institutes of Health is better treatments, and eventually, a cure for AND CONSUMER PROTECTION the largest contributor to Parkinson’s Parkinson’s disease; Mr. BAUCUS. Mr. President, I ask research, along with the Department of (4) recognizes the people living with Par- unanimous consent that the Com- Veteran Affairs and the Department of kinson’s who participate in vital clinical mittee on Banking, Housing, and Defense. Texas has committed to lead- trials to advance knowledge of this disease; Urban Affairs’ Subcommittee on Fi- ing the way in Parkinson’s disease re- and

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DIONANDREA FRANCINE SHORTS, OF COLORADO SUSAN OWENS HICKEY, OF ARKANSAS, TO BE UNITED HYUN BO SIM, OF TENNESSEE f STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT SARAH ANNEMARIE SIMONS, OF CALIFORNIA OF ARKANSAS, VICE HARRY F. BARNES, RETIRED. MICHELLE BERNADETTE TAYLOR, OF CALIFORNIA ORDERS FOR THURSDAY, APRIL 7, JAMI JELENA THOMPSON, OF INDIANA DEPARTMENT OF DEFENSE DALEYA S. UDDIN, OF TEXAS 2011 ANNY HONG AN TRINH VU, OF CALIFORNIA ALAN F. ESTEVEZ, OF THE DISTRICT OF COLUMBIA, TO Mr. DURBIN. Mr. President, I ask BE AN ASSISTANT SECRETARY OF DEFENSE. (NEW POSI- THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN TION) SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES unanimous consent when the Senate IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF completes its business today, it recess IN THE AIR FORCE AMERICA: until 10 a.m. on Thursday, April 7; that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF COMMERCE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- following the prayer and pledge, the CATED UNDER TITLE 10, U.S.C., SECTION 624: BRIDGETTE CLARK, OF ALABAMA Journal of proceedings be approved to To be brigadier general DEPARTMENT OF STATE date, the time for the two leaders be COL. TIMOTHY J. LEAHY JONATHAN DANIEL ADAMS, OF NEW YORK BRANDON BARON, OF FLORIDA reserved for their use later in the day, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TANYA R. BROTHEN, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- and the Senate proceed to a period of ELIZABETH S. CHAN, OF CALIFORNIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE GEOFFREY CHANIN, OF PENNSYLVANIA morning business with Senators per- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION HOWARD H. CHYUNG, OF NEW YORK 601: mitted to speak therein for up to 10 D. BRENT CORBY, OF VIRGINIA minutes each, with the first hour To be lieutenant general SANDRA PATRICIA CORTINA, OF THE DISTRICT OF CO- LUMBIA equally divided and controlled between MAJ. GEN. DAVID S. FADOK ROBERT J. CROTTY, OF VIRGINIA the two leaders or their designees, with IN THE ARMY EDWARD E. DAIZOVI, OF INDIANA the Republicans controlling the first 30 CHRISTOPHER J. DOSTAL, OF PENNSYLVANIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BENJAMIN J. GIBSON, OF MICHIGAN minutes and the majority controlling AS THE CHIEF OF ENGINEERS/COMMANDING GENERAL, ARIEL MICHAEL GORE, OF ILLINOIS the second 30 minutes; further, that UNITED STATES ARMY CORPS OF ENGINEERS, AND AP- TRAVIS J. HALL, OF COLORADO POINTMENT TO THE GRADE INDICATED IN THE UNITED KRISTIN KARIN HAWKINS, OF VIRGINIA Senator HOEVEN be recognized at noon STATES ARMY WHILE ASSIGNED TO A POSITION OF IM- HEIDI HERSCHEDE, OF WISCONSIN for up to 25 minutes to deliver his PORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., JONATHAN P. HERZOG, OF OREGON SECTIONS 601 AND 3036: SHARLINA HUSSAIN, OF NEW YORK maiden speech to the Senate. MEGAN R. IHRIE, OF NORTH CAROLINA To be lieutenant general RYAN SCOTT INGRASSIA, OF CALIFORNIA The PRESIDING OFFICER. Without ANDREW WINDSOR JENKINS, OF TEXAS LT. GEN. THOMAS P. BOSTICK objection, it is so ordered. LISA SCHUYLER JEWELL, OF ILLINOIS IN THE NAVY HEATHER LYNNE JOHNSTON, OF WASHINGTON f E. CAMERON JONES, OF MASSACHUSETTS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SALMAN KHAN, OF MISSOURI PROGRAM IN THE UNITED STATES NAVY TO THE GRADE INDICATED SPENCER ADAM MAGUIRE, OF THE DISTRICT OF COLUM- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BIA Mr. DURBIN. Mr. President, we con- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FLORENCE MADALYN MAHER, OF NEVADA To be admiral REBECCA E. MARQUEZ, OF MINNESOTA tinue to work to complete action on JACQUELINE DENISE MOUROT, OF TEXAS the small business bill. We also hope to VICE ADM. WILLIAM H. MCRAVEN VINCENT M. MUT-TRACY, OF MASSACHUSETTS MARK L. NEIGHBORS, OF VIRGINIA deal with the continuing resolution by FOREIGN SERVICE DANIEL WESLEY NEWMAN, OF NEW YORK JAMES P. NUSSBAUMER, OF OREGON the end of the week. Senators will be THE FOLLOWING-NAMED PERSONS OF THE AGENCIES LAWRENCE DAVID PIXA, OF WASHINGTON INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- notified when votes are scheduled. CHRISTINE ANANDA PRINCE, OF VIRGINIA FICERS OF THE CLASSES STATED. AJAY SHASHIKANT RAO, OF NEW MEXICO FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF f CAROLYN JOY RATZLAFF, OF MICHIGAN CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ABIGAIL ELIZABETH RICHEY-ALLEN, OF MINNESOTA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF RECESS UNTIL 10 A.M. TOMORROW ANNA ELIZABETH RICHEY-ALLEN, OF MINNESOTA AMERICA, INNA ROTENBERG, OF MARYLAND Mr. DURBIN. If there is no further DEPARTMENT OF STATE SARAH SAPERSTEIN, OF VIRGINIA business to come before the Senate, I MARK JOSEPH SCHLINK, OF THE DISTRICT OF COLUMBIA PATRICIA M. AGUILO, OF NEW HAMPSHIRE SCOTT EVAN SCHLOSSBERG, OF CALIFORNIA ask unanimous consent the Senate re- CHRISTINA PAULA ALMEIDA, OF RHODE ISLAND HILLEARY CARTER SMITH, OF MASSACHUSETTS cess until 10 a.m. tomorrow. MARIA C. ALVARADO, OF NEW MEXICO MATTHEW STEPHENSON, OF THE DISTRICT OF COLUMBIA RYAN DAVID BALLOW, OF ALASKA KATHERINE LINDSAY SUPLICK, OF MINNESOTA There being no objection, the Senate, JOELLE-ELIZABETH BEATRICE BASTIEN, OF MARYLAND MARY G. SWARTZ, OF MARYLAND at 7:10 p.m., recessed until Thursday, CANDACE L. BATES, OF ALABAMA SARAH J. TALALAY, OF FLORIDA OSBORNE DAVIS BURKS III, OF TENNESSEE EDWARD CORNELIOUS THOMPSON, OF ILLINOIS April 7, 2011, at 10 a.m. G. WARREN CHANE, JR., OF ARIZONA MAUREEN PATRICIA VAHEY, OF DELAWARE PIERCE MICHAEL DAVIS, OF FLORIDA HELEN HOUSTON VAN WAGONER, OF VIRGINIA f KIMBERLY A. DURAND-PROUD, OF MASSACHUSETTS ANNA WANG, OF VIRGINIA ALICE H. EASTER, OF NEW YORK HERMEN Y. YEE, OF MASSACHUSETTS NOMINATIONS RAMON JAMES ESCOBAR, OF WISCONSIN MICHELLE ZJHRA, OF WASHINGTON CANDACE LYNN FABER, OF WASHINGTON Executive nominations received by ELLIOT C. FERTIK, OF VIRGINIA MICHAEL RODNEY FRASER, OF NEW YORK f the Senate: ANGELA SAGER GIRARD, OF TEXAS DEPARTMENT OF STATE RACHEL C. GRACIANO, OF WASHINGTON WITHDRAWAL BREANNA LENORE GREEN, OF MINNESOTA D. BRENT HARDT, OF FLORIDA, A CAREER MEMBER OF ALAMANDA LAVERNE GRIBBIN, OF FLORIDA Executive message transmitted by THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, RUBEN HARUTUNIAN, OF MARYLAND TO BE AMBASSADOR EXTRAORDINARY AND PLENI- EMILY JEANETTE HICKS, OF TEXAS the President to the Senate on April 6, POTENTIARY OF THE UNITED STATES OF AMERICA TO AJANI BARCLAY HUSBANDS, OF TEXAS 2011 withdrawing from further Senate THE CO-OPERATIVE REPUBLIC OF GUYANA. TIM HUSON, OF CALIFORNIA DONALD W. KORAN, OF CALIFORNIA, A CAREER MEM- STEVEN J. JACOB, OF VIRGINIA consideration the following nomina- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ANTHONY M. JONES, OF VIRGINIA tion: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND KELLY CHRISTINE LANDRY, OF GEORGIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DAVID ANTOINE LEWIS, OF NEW MEXICO ALAN F. ESTEVEZ, OF THE DISTRICT OF COLUMBIA, TO TO THE REPUBLIC OF RWANDA. PHILLIP L. LOOSLI, OF CALIFORNIA BE ASSISTANT SECRETARY OF DEFENSE FOR LOGISTICS GEETA PASI, OF NEW YORK, A CAREER MEMBER OF CHRISTEN CLAIRE MACHAK, OF OHIO AND MATERIEL READINESS. (NEW POSITION), WHICH WAS THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, JONATHAN JAMES NELLIS, OF MARYLAND SENT TO THE SENATE ON MARCH 14, 2011.

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RECOGNIZING THE 2010–2011 CON- vised math oriented games. Another place I capital is not available. The bill sets-up a De- GRESSIONAL YOUTH ADVISORY earned service hours was at Mustang Creek fense Logistics Agency rare earth domestic in- COUNCIL FOR 500 HOURS OF OUT- Nursing Home, where I played bingo and ventory to generate a domestic market and fa- STANDING SERVICE TO THE talked with the residents. I have sincerely enjoyed the time I have spent at Mustang cilitate the domestic sourcing of rare earth al- COMMUNITY—SAMANTHA TODD Creek and I plan on continuing to visit the loys and magnets. It establishes a rare earth residents there. One of the longest events I program at the U.S. Geological Survey, and it HON. SAM JOHNSON have volunteered in was at my church’s aide require the various cabinet Secretaries appoint OF TEXAS station in Dallas’s Whiterock marathon. I Executive Agents for rare earths. spent six and a half hours helping set up and IN THE HOUSE OF REPRESENTATIVES Our Nation must act to protect our security run the station. These volunteering experi- interests with regard to rare earth elements. Wednesday, April 6, 2011 ences have changed my perspective and made China is neither an ally of the United States me feel like a greater part of my commu- Mr. SAM JOHNSON of Texas. Mr. Speaker, nity. In the future I plan on continuing to nor is it a reliable trade partner when it comes it is my pleasure and privilege to inform the volunteer in my community and help other to these strategic metals. Members of the United States House of Rep- people. My legislation has the support of the Coali- resentatives that the students of the 2010– —Samantha Todd tion for a Prosperous America, CPA, the 2011 Congressional Youth Advisory Council, f United States Magnet Materials Association, CYAC, from the Third District of Texas have USMMA, and their members who are most af- completed a total of 500 community service THE RESTART ACT fected by the disruption in the rare earth met- hours, fulfilling and far-surpassing the require- als market. ments of their assigned CYAC in the Commu- HON. MIKE COFFMAN f nity service project. OF COLORADO HONORING STAFF SERGEANT This year 46 students from public, private, IN THE HOUSE OF REPRESENTATIVES and home schools in grades 10 through 12 JOSHUA S. GIRE Wednesday, April 6, 2011 made their voices heard by joining CYAC. As the Third District’s young ambassadors to Mr. COFFMAN of Colorado. Mr. Speaker, HON. STEVE AUSTRIA Congress, these bright high school students today I am introducing a bipartisan bill to avert OF OHIO met with me on a quarterly basis to discuss a U.S. rare earth supply crisis by restoring our IN THE HOUSE OF REPRESENTATIVES current events and public policy. These im- nation’s production of rare earth metals. This Wednesday, April 6, 2011 pressive young people recognize an important bill, the Rare Earths Supply-Chain Technology truth: the heart of public service is found when and Resources Transformation Act of 2011 Mr. AUSTRIA. Mr. Speaker, while we can giving back to the community. CYAC students (RESTART Act), would achieve this by rees- never fully express the depth of our apprecia- volunteered their time and talents with over 30 tablishing a domestic rare earth industry in the tion for those who give their lives to protect organizations including Adopt-A-Highway, United States. us, I rise today on behalf of the constituents Habitat for Humanity, Meals on Wheels, Teen Currently, the world is nearly 100 percent of Ohio’s seventh congressional district to rec- Court, and the USO, to name a few. As one reliant on Chinese exports for these critical ognize and honor the life of Army Staff Ser- student shared, ‘‘CYAC in the Community has materials and China’s trade policies of restrict- geant Joshua S. Gire. allowed me to realize my calling to serve ing rare earth exports pose a serious threat to Gire, 28, lived a purposeful life. He served those in the U.S. Armed Forces.’’ I am beyond both the economic and national security of the the United States with honor. Regrettably, it thrilled that CYAC has helped students un- United States. China supplies about 95 per- was Staff Sergeant Gire’s duty as a soldier leash their full potential and chase their cent of the world’s rare earth metals, used in defending the interests of this great country of dreams. everything from wind turbines, electric car bat- ours that lead to his death. He was killed in President George H.W. Bush once said, ‘‘A teries, television sets, smart phones, and ad- combat in Afghanistan on March 22, 2011. volunteer is a person who can see what oth- vanced weapons systems. Chinese officials Staff Sgt. Gire showed exceptional courage ers cannot see; who can feel what most do have announced a decision to cut exports of and bravery while defending the United not feel. Often, such gifted persons do not rare earth metals by 35 percent in the first half States. think of themselves as volunteers, but as citi- of 2011. The Chinese government-ordered re- Joshua S. Gire graduated from Huntington zens—citizens in the fullest sense: partners in duction in rare earth metals exports dem- High School in 2000 and enlisted in the Army civilization.’’ onstrates the urgent need for us to act to cor- in 2001, just prior to the terrorist attacks of With this statement as a benchmark, I am rect our rare earth supply chain vulnerability. September 11th. This was Gire’s second de- proud to congratulate the members of the I became alarmed early in 2009 when I ployment to Afghanistan. He also served time 2010–2011 Congressional Youth Advisory learned that many U.S. defense contractors in Iraq and Kosovo. Staff Sergeant Gire Council for showing themselves to be out- rely heavily on Chinese exports of rare earth comes from a family dedicated to military serv- standing young citizens of this nation. It is my metals to make everything from night vision ice. He followed his grandfather, a World War privilege to submit summaries of their work to goggles, tanks, and fighter aircraft, to preci- II veteran, and father, a Vietnam veteran, into the CONGRESSIONAL RECORD to be preserved sion guided munitions. This reliance on China the Army. for posterity and antiquity. To these young poses a key vulnerability. He had recently been promoted to Staff Ser- public servants, thank you, and keep up the My comprehensive, bipartisan legislation will geant. Gire was based in Germany before his great work! I salute you! put in place mechanisms to assist U.S. com- deployment to Afghanistan, where he lived A copy of each submitted student summary panies with meeting their needs for rare earth with his immediate family. Staff Sergeant Gire follows: metals and ensure our national security needs is survived by his wife Jackie, as well as their Volunteering in my community has been are met in the near term. 5-year-old son Nicolas and their daughter one of the most rewarding experiences of my The legislation does not waive environ- Riley, who just turned 3. life. Each event provided me with a unique mental laws, but it directs appropriate federal Those who know Staff Sergeant Gire speak life experience and has added to my sense of agencies to expedite the permitting process in highly of him, saying he is a role model to community. One of the events I volunteered order to increase the exploration and develop- young children, and that he did his job and he at was Matthews Elementary School’s Fall Carnival. Seeing the interactions between ment of domestic rare earth elements, and the did it right. My heart goes out to his widow the families and friends was amazing and legislation establishes a multi-agency Task and their children. Joshua S.Gire is a true brought back memories from when I was Force to carry out this process. The legislation hero who will never be forgotten. that age. I also volunteered at Huffman Ele- makes federally-backed loans available to Thus, today I ask my colleagues to join me mentary School’s Math Night where I super- start rare earth production only when private and the constituents of the Ohio’s seventh

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

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.001 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E646 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 congressional district in honoring the life and Members of the United States House of Rep- United States Congress and the people of memory of Staff Sergeant Joshua S. Gire. resentatives that the students of the 2010– Brooklyn and Queens with honor and distinc- f 2011 Congressional Youth Advisory Council, tion. CYAC, from the Third District of Texas have Max is a native New Yorker who brought A TRIBUTE TO MR. BILL completed a total of 500 community service the characteristics associated with being a SAMUELS, JR. hours, fulfilling and far-surpassing the require- New Yorker to work with him every day: hard- ments of their assigned CYAC in the Commu- nosed determination, a keen sense of justice HON. BRETT GUTHRIE nity service project. and fairness, and a strong willed refusal to OF KENTUCKY This year 46 students from public, private, allow any of my constituents to get anything IN THE HOUSE OF REPRESENTATIVES and home schools in grades 10 through 12 less than fierce advocacy and unyielding as- made their voices heard by joining CYAC. As Wednesday, April 6, 2011 sistance from my office. the Third District’s young ambassadors to Over his many years of service, Mr. Mr. GUTHRIE. Mr. Speaker, I rise today to Congress, these bright high school students Pomeranc helped secure millions of dollars for honor a great Kentuckian, Mr. Bill Samuels Jr. met with me on a quarterly basis to discuss the communities I represent. He worked with On April 15, Mr. Samuels will retire as Presi- current events and public policy. These im- all levels of government to get the 9th district dent of Maker’s Mark Distillery in Loretto, Ky., pressive young people recognize an important in New York as much funding as possible. leaving a legacy of old fashioned integrity and truth: the heart of public service is found when Max oversaw the operations in my office that quality craftsmanship. giving back to the community. CYAC students protected the elderly and disabled, give a Our Commonwealth produces many incred- volunteered their time and talents with over 30 voice in government to the disenfranchised, ible products. Along with Kentucky grown organizations including Adopt-A-Highway, and honored the sense among citizens that horses and tobacco, we are also known for Habitat for Humanity, Meals on Wheels, Teen elected officials are here to help people, first our fine bourbon. Court, and the USO, to name a few. As one and foremost. Samuels has dedicated his career to Ken- student shared, ‘‘CYAC in the Community has Max steered my district ship through many tucky’s signature industry, helping to make allowed me to realize my calling to serve battles. There was an historic presidential Kentucky bourbon world renowned and con- those in the U.S. Armed Forces.’’ I am beyond election, budget battles with an all-time fever- tributing so much to such a vital part of the thrilled that CYAC has helped students un- ish pitch, and the passing of the most sweep- Commonwealth’s heritage that provides thou- leash their full potential and chase their ing health care reform legislation since the sands of jobs. dreams. creation of Medicare. A seventh-generation distiller, Samuels took President George H.W. Bush once said, ‘‘A This chapter of Max’s storied career gives over the family business from his father, Bill volunteer is a person who can see what oth- way to his next adventure, and I rise to give Samuels, Sr., who invented the Maker’s Mark ers cannot see; who can feel what most do him due recognition. He will be missed by his recipe. not feel. Often, such gifted persons do not colleagues, my constituents, and by me. Samuels followed his father’s lead in think of themselves as volunteers, but as citi- f crafting a superior product by continuing the zens—citizens in the fullest sense: partners in tradition of small, closely supervised produc- civilization.’’ PERSONAL EXPLANATION tion—keeping the bottling to about 600,000 With this statement as a benchmark, I am cases per year, a fraction of most distilleries. proud to congratulate the members of the HON. RON KIND Though Samuels grew up around the bour- 2010–2011 Congressional Youth Advisory OF WISCONSIN bon industry, playing Lincoln Logs with an Council for showing themselves to be out- IN THE HOUSE OF REPRESENTATIVES aged Col. Jim Beam, he had other ideas for standing young citizens of this nation. It is my Wednesday, April 6, 2011 his future. Samuels played basketball in high privilege to submit summaries of their work to school; however, he realized he was not very the CONGRESSIONAL RECORD to be preserved Mr. KIND. Mr. Speaker, I was unable to good. for posterity and antiquity. To these young record my vote on the House floor during the He then went to college at Case Western public servants, thank you, and keep up the vote on H.R. 1246 on Monday, April 4, 2011 Reserve University where he studied rocket great work! I salute you! because of family commitments in Wisconsin. science and solid propellants. When solid pro- A copy of each submitted student summary Had I been present, I would have voted in pellants became obsolete, Samuels decided to follows: favor of H.R. 1246 (Roll no. 225). attend law school at Vanderbilt University. I assisted with an Eagle Scout project at f When he finished law school, he returned to the Heritage Farmstead in Plano, Texas. The Kentucky to work temporarily for his father, but project consisted of planting eight trees RECOGNIZING THE 2010–2011 CON- 13 years later he was still with the company, along a fence. This required digging holes GRESSIONAL YOUTH ADVISORY and his father, Samuels, Sr., passed him the about four feet deep and four feet wide. After COUNCIL FOR 500 HOURS OF OUT- mantle of Maker’s Mark. placing the trees in the holes, we had to fill STANDING SERVICE TO THE Of the Nation’s bourbon distilleries, Maker’s the holes back up with soil, then place mulch COMMUNITY—TINA SHARMA around each tree, and finally water the trees. Mark is the oldest distillery, continuously oper- I also played in the orchestra for the Christ- ating on its own site. I am proud to represent mas performance at the Custer Road Meth- HON. SAM JOHNSON them here in Washington and look forward to odist Church. This allowed me to work with OF TEXAS their continued success. some of the professionals in our community. IN THE HOUSE OF REPRESENTATIVES I ask my colleagues to join me in honoring This opportunity allowed me to gain more Wednesday, April 6, 2011 Mr. Bill Samuels, Jr., for his dedication and experience as a musician, as well as contrib- contributions to the Commonwealth of Ken- uting as a member of the orchestra for my Mr. SAM JOHNSON of Texas. Mr. Speaker, tucky. church. I played in the King’s Players for the it is my pleasure and privilege to inform the Church on two different occasions. This gave Members of the United States House of Rep- f me an opportunity to give back to my resentatives that the students of the 2010– RECOGNIZING THE 2010-2011 CON- church. —Zachary Stubblefield 2011 Congressional Youth Advisory Council, GRESSIONAL YOUTH ADVISORY CYAC, from the Third District of Texas have f COUNCIL FOR 500 HOURS OF OUT- completed a total of 500 community service STANDING SERVICE TO THE HONORING MAX POMERANC hours, fulfilling and far-surpassing the require- COMMUNITY—ZACHARY ments of their assigned CYAC in the Commu- STUBBLEFIELD HON. ANTHONY D. WEINER nity service project. OF NEW YORK This year 46 students from public, private, HON. SAM JOHNSON IN THE HOUSE OF REPRESENTATIVES and home schools in grades 10 through 12 made their voices heard by joining CYAC. As OF TEXAS Wednesday, April 6, 2011 IN THE HOUSE OF REPRESENTATIVES the Third District’s young ambassadors to Mr. WEINER. Mr. Speaker, I rise today in Congress, these bright high school students Wednesday, April 6, 2011 recognition of Max Pomeranc. Mr. Pomeranc met with me on a quarterly basis to discuss Mr. SAM JOHNSON of Texas. Mr. Speaker, has been a member of my staff since 2007. current events and public policy. These im- it is my pleasure and privilege to inform the For almost four years, he has served the pressive young people recognize an important

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.003 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS April 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E647 truth: the heart of public service is found when fenders Registration Act (Megan’s Law). Steve Bob’s leadership, CVPS won the Edison Elec- giving back to the community. CYAC students identified numerous objectionable features that tric Institute’s Emergency Recovery Award volunteered their time and talents with over 30 would have discriminated against the lesbian, three times. It is the nation’s smallest utility to organizations including Adopt-A-Highway, gay, bisexual, and transgender community. win it even once. Habitat for Humanity, Meals on Wheels, Teen Thanks to his tireless efforts, the bill that was Bob focused the company on reducing envi- Court, and the USO, to name a few. As one enacted was significantly improved. For his ef- ronmental impacts, improving wildlife habitats student shared, ‘‘CYAC in the Community has fective and determined work on this law, Steve and creating the nation’s first manure-to-en- allowed me to realize my calling to serve received the Distinguished Service Award from ergy customer choice program. The Depart- those in the U.S. Armed Forces.’’ I am beyond the Gay and Lesbian Activists Alliance. ment of Energy subsequently awarded CVPS thrilled that CYAC has helped students un- Steve also played an invaluable role in the 2009 Utility Green Power Program of the leash their full potential and chase their drafting and lobbying for the First Amendment Year. dreams. Rights and Police Standards Act of 2004, Bob made CVPS a model of corporate civic President George H.W. Bush once said, ‘‘A which established a new regime for the exer- engagement, providing leadership on a host of volunteer is a person who can see what oth- cise of First Amendment rights in the District. community projects in Vermont, and orga- ers cannot see; who can feel what most do And he was integral to the passage of the nizing blood drives that have broken the New not feel. Often, such gifted persons do not statute establishing the Office of Police Com- England record three years in a row. think of themselves as volunteers, but as citi- plaints. Bob will leave a lasting legacy when he re- zens—citizens in the fullest sense: partners in ACLU Executive Director Johnny Barnes tires on May 3, 2011. Please join me today in civilization.’’ puts it well: thanking Bob Young for his leadership and in With this statement as a benchmark, I am Steve Block, in my view, cannot be re- wishing him and his wife, Vicky, the very best proud to congratulate the members of the placed. A combination of intellect, wisdom, in the next phase of their lives. 2010–2011 Congressional Youth Advisory vision, grit, gnash, and tenacity, this is one f Council for showing themselves to be out- gentle man with whom you don’t want to standing young citizens of this nation. It is my tangle. Do not be deceived by his soft eyes, PERSONAL EXPLANATION privilege to submit summaries of their work to ready smile and grandfather-like persona, this is one tough cowboy. A former Navy of- the CONGRESSIONAL RECORD to be preserved ficer and CIA and State Department em- HON. RON KIND for posterity and antiquity. To these young ployee, Steve reflects, in every respect, the OF WISCONSIN public servants, thank you, and keep up the highest honor, unblemished integrity, and IN THE HOUSE OF REPRESENTATIVES great work! I salute you! flawless principle. Yet, while he is strong, he A copy of each submitted student summary can be very sensitive. He has the capacity to Wednesday, April 6, 2011 follows: address complex matters dispassionately, Mr. KIND. Mr. Speaker, I was unable to ‘‘We make a living by what we do, but we and at the same time demonstrate appro- have my votes recorded on the House floor on make a life by what we give.’’ This quote by priate compassion. He is easy to work with, Tuesday, April 5, 2011 due to a flight delay yet unafraid to stand alone. He hears the call Winston Churchill describes me and my life. caused by mechanical difficulties. Had I been Since the seventh grade, I have dedicated my of Ghandi and respects the legacy of King. time in volunteering for various organiza- Still, Steve happily follows, and readily present, I would have voted in against the pre- tions that bring the community together. As leads. He is a brilliant thinker, a superb re- vious question motion on H. Res. 200 (Roll teenagers, there are times when we are all searcher, and a provocative and penetrating no. 226), against H. Res. 200 (Roll no. 227), busy with homework or competition, but writer. He has been the sage on our staff, one and in favor of approving the Journal (Roll no. there is always a time where we have noth- who is always able to find a way to bring 228). seemingly diametrically opposing forces to ing scheduled. It’s moments like these where f I know that instead of watching television the same end. . . He cannot be replaced, his and being a couch potato, I could actually be impact will be felt well into the future. Yet, RECOGNIZING THE 2010–2011 CON- helping my community. I have volunteered at the same time, the imprint he leaves will GRESSIONAL YOUTH ADVISORY at numerous school events, programs held by serve as a guidepost for the one who comes COUNCIL FOR 500 HOURS OF OUT- after him. the Salvation Army, as well as activities at STANDING SERVICE TO THE retirement homes. Throughout my experi- Steve will be sorely missed by the ACLU ences with volunteering for these activities, COMMUNITY—ANNA and the countless people for whom he has SHAPOVALOVA I have learned how to speak with the dif- fought so hard, but his work for the advance- ferent age groups, which has improved my communication skills greatly. I also learned ment of civil liberties will continue to benefit us HON. SAM JOHNSON how many teenagers take basic necessities all for many years. OF TEXAS for granted and that we should think of f those less fortunate. There is nothing better IN THE HOUSE OF REPRESENTATIVES than the feeling of giving back to the com- HONORING BOB YOUNG Wednesday, April 6, 2011 munity, not in one way, but in many! There is no better feeling that knowing that I HON. PETER WELCH Mr. SAM JOHNSON of Texas. Mr. Speaker, helped the community by dedicating my it is my pleasure and privilege to inform the OF VERMONT time. Members of the United States House of Rep- IN THE HOUSE OF REPRESENTATIVES —Tina Sharma resentatives that the students of the 2010– f Wednesday, April 6, 2011 2011 Congressional Youth Advisory Council, CYAC, from the Third District of Texas have HONORING STEPHEN M. BLOCK Mr. WELCH. Mr. Speaker, today I stand before you to honor Bob Young, the retiring completed a total of 500 community service president of Central Vermont Public Service. hours, fulfilling and far-surpassing the require- HON. CHRIS VAN HOLLEN In his time at CVPS, Bob led the company ments of their assigned CYAC in the Commu- OF MARYLAND through a cultural, service and environmental nity service project. IN THE HOUSE OF REPRESENTATIVES transformation to the benefit of its customers This year 46 students from public, private, Wednesday, April 6, 2011 and the Green Mountain State. He turned and home schools in grades 10 through 12 Mr. VAN HOLLEN. Mr. Speaker, I rise today CVPS into a leaner, more responsive com- made their voices heard by joining CYAC. As to honor my constituent, Stephen M. Block, pany that placed customer service, reliability the Third District’s young ambassadors to who is retiring as Legislative Director of the and corporate citizenship as its cornerstones. Congress, these bright high school students American Civil Liberties Union for the National When Bob assumed the presidency in 1995, met with me on a quarterly basis to discuss Capital Area. CVPS faced a host of challenges, from utility current events and public policy. These im- Steve has demonstrated outstanding leader- restructuring to rate pressures to low em- pressive young people recognize an important ship and integrity during his service with the ployee morale. CVPS was often perceived as truth: the heart of public service is found when ACLU. Throughout the past 17 years, Steve out of touch with Vermont values, and regu- giving back to the community. CYAC students has worked tirelessly on a broad range of civil latory conflicts were common. volunteered their time and talents with over 30 liberties matters in order to bring about a more Bob put an end, to ‘business as usual’ and organizations including Adopt-A-Highway, fair and just society. transformed CVPS into a world-class utility, Habitat for Humanity, Meals on Wheels, Teen One of Steve’s most noteworthy accom- recognized by Forbes as one of 100 most Court, and the USO, to name a few. As one plishments was his work on the Sexual Of- trustworthy companies in the U.S. Under student shared, ‘‘CYAC in the Community has

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.006 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E648 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 allowed me to realize my calling to serve a force in the American lifestyle, he began a of this year to begin work as a fulltime instruc- those in the U.S. Armed Forces.’’ I am beyond long stint at CBS in 1954, then co-founded tor with the Indiana Law Enforcement Acad- thrilled that CYAC has helped students un- Viacom International Inc. and served as Presi- emy and will continue his dedication to public leash their full potential and chase their dent and CEO from 1971 to 1983. During his service. dreams. tenure, he played a role in establishing or ac- I am proud to honor Captain Brian Ringer in President George H.W. Bush once said, ‘‘A quiring some of the most popular cable net- recognition of his accomplishments, exemplary volunteer is a person who can see what oth- works in the nation including Lifetime, MTV, leadership, and outstanding contributions to ers cannot see; who can feel what most do Nickelodeon, The Movie Channel, and VH-1. the Morgan County Sheriff’s Department. not feel. Often, such gifted persons do not Events during Ralph’s formative years were f think of themselves as volunteers, but as citi- perhaps the most poignant in history in dem- zens—citizens in the fullest sense: partners in onstrating the influence of media and the sup- RECOGNIZING THE 2010–2011 CON- civilization.’’ pression of information on society. Perhaps GRESSIONAL YOUTH ADVISORY With this statement as a benchmark, I am that is why he sought to ensure an open gov- COUNCIL FOR 500 HOURS OF OUT- proud to congratulate the members of the ernment and freedom of the press throughout STANDING SERVICE TO THE 2010–2011 Congressional Youth Advisory his career, including by co-founding C-SPAN. COMMUNITY—CAITLYN WOOLUM Council for showing themselves to be out- He believed strongly in the public’s right to a standing young citizens of this nation. It is my real-time connection to our government’s pro- HON. SAM JOHNSON privilege to submit summaries of their work to ceedings and in the responsibility of our citi- OF TEXAS the CONGRESSIONAL RECORD to be preserved zens to actively participate in our government. IN THE HOUSE OF REPRESENTATIVES for posterity and antiquity. To these young C-SPAN has grown to provide unprecedented Wednesday, April 6, 2011 public servants, thank you, and keep up the unedited coverage of government events Mr. SAM JOHNSON of Texas. Mr. Speaker, great work! I salute you! throughout the nation as well as cultural and it is my pleasure and privilege to inform the A copy of each submitted student summary educational opportunities, like literary discus- Members of the United States House of Rep- follows: sions and materials for teachers and students. resentatives that the students of the 2010— For the 2010–2011 Congressional Youth Ad- Mr. Baruch has already been honored with visory Council year I participated in the numerous awards for his leadership including 2011 Congressional Youth Advisory Council Plano Teen Court program. This program an induction into the Cable Hall of Fame in (CYAC) from the Third District of Texas have deals with underage teenagers who have 2006, cable television industry’s highest honor, completed a total of 500 community service committed class ‘‘C’’ misdemeanor, whether the Vanguard Award, their Chairman of the hours, fulfilling and far-surpassing the require- it is a traffic violation, disturbance of class, ments of their assigned CYAC in the Commu- assault, or possession of drug paraphernalia. Year Award, and the International Radio & Television Society’s Gold Medal. nity service project. To be able to participate in the role that I This year 46 students from public, private, Mr. Baruch has also donated his time to a am honored enough to have been able to and home schools in grades 10 through 12 land, that is, the role of one of the most number of important positions in his commu- made their voices heard by joining CYAC. As loved (or the most ill despised) people in the nity to support public television and to promote the Third District’s young ambassadors to court room (chiefly, rotating between the the history of broadcast media. He served as Congress, these bright high school students prosecuting and defense attorney positions), vice chairman of Carnegie Hall, a Trustee of met with me on a quarterly basis to discuss I had to undergo a training session. The the Museum of Television and Radio, and a training was aimed at making me acquainted current events and public policy. These im- member of the New York City Cultural Affairs with the more simple aspects of the judicial pressive young people recognize an important Advisory Commission under former Mayor Ru- system, with the proper way to carry myself truth: the heart of public service is found when dolph W. Giuliani. He currently serves on the in a court of law, and with oratory skills giving back to the community. CYAC students necessary for proper presentation of the cir- board of Thirteen and as a Trustee of Lenox volunteered their time and talents with over 30 cumstances. As a Teen Attorney I defended/ Hill Hospital. prosecuted the defendants, in order to give Mr. Baruch has balanced his distinguished organizations including Adopt-A-Highway, them a punishment, consisting of simple career and philanthropic work with an equally Habitat for Humanity, Meals on Wheels, Teen court fees and community service. This com- impressive family life. He and his wife Jean Court, and the USO, to name a few. As one munity service, with specialized hour ranged have four daughters, Eve Baruch, Renee Ba- student shared, ‘‘CYAC in the Community has being given for each offense. A panel of allowed me to realize my calling to serve peers, teenagers who have volunteered their ruch, Alice Baruch, M.D., and Michele Baruch Jeffery. Mr. Baruch is the author of an auto- those in the U.S. Armed Forces.’’ I am beyond time to admonish a punishment that they thrilled that CYAC has helped students un- feel is fair to the miscreants. biography, Television Tightrope—How I Es- leash their full potential and chase their —Anna Shapovalova caped Hitler, Survived CBS and Fathered Viacom, published in April 2007. dreams. f President George H.W. Bush once said, ‘‘A I urge my colleagues to join me in honoring volunteer is a person who can see what oth- HONORING RALPH M. BARUCH a national broadcast media icon, Mr. Ralph ers cannot see; who can feel what most do Baruch. HON. NITA M. LOWEY not feel. Often, such gifted persons do not f think of themselves as volunteers, but as citi- OF NEW YORK HONORING CAPTAIN BRIAN zens—citizens in the fullest sense: partners in IN THE HOUSE OF REPRESENTATIVES RINGER civilization.’’ Wednesday, April 6, 2011 With this statement as a benchmark, I am Mrs. LOWEY. Mr. Speaker, I rise to pay trib- HON. TODD ROKITA proud to congratulate the members of the 2010–2011 Congressional Youth Advisory ute to Ralph M. Baruch, who will receive the OF INDIANA Council for showing themselves to be out- WNET Distinguished Service Award, and to IN THE HOUSE OF REPRESENTATIVES honor his pivotal role in American broadcast standing young citizens of this nation. It is my media. Wednesday, April 6, 2011 privilege to submit summaries of their work to Ralph Baruch has led a truly remarkable Mr. ROKITA. Mr. Speaker, I rise today to the CONGRESSIONAL RECORD to be preserved life. Born in Frankfurt, Germany, he fled as a recognize and congratulate an important mem- for posterity and antiquity. To these young young child from Nazi Germany to Paris. He ber of Indiana’s Morgan County Sheriff’s De- public servants, thank you, and keep up the again sought exile from France during the war partment. great work! I salute you! and on a three-month journey through France Captain Brian Ringer served the Morgan A copy of each submitted student summary he heroically transported his grandmother over County Sheriff’s Department with distinction, follows: the Pyrenees Mountains. integrity, and dedication. He consistently dem- This year on CYAC we were required to From an early age, Ralph understood the onstrated the highest standards of outstanding have five hours of community service. Being vital power of the free media to ensure a just leadership and public service. a busy senior with a huge to do list, I wrote this off as yet another project and essay I and fair world. Following his immigration to the Captain Ringer has been a trusted member was required to complete. Little did I know United States in 1940, Mr. Baruch began his of the Morgan County Sheriff’s Department for that I would be so impacted by my volun- long and distinguished career in communica- over 29 years and has played a central role in teering for CYAC. It started with me helping tions in radio then joined the DuMont Tele- securing and protecting the citizens of Morgan clean up the trash and mess at my school. vision Network in 1950. As television became County. He left the Department on January 20 Gross as it was, we made a difference at

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.009 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS April 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E649 school by getting more people involved in brary and Hodge Hall, improving Internet ac- HONORING ELIZABETH cleaning up our campus and helping to pre- cessibility on campus and allowing students to OKERSTROM MURGUIA vent trash from being thrown everywhere so often. Then I decided to volunteer at Spring register for classes by computer. He success- Creek Gardens, an assisted living home and fully completed construction of the 1890 build- HON. MIKE THOMPSON memory care facility. I volunteered with the ing that had been mired in contractual dis- OF CALIFORNIA memory care patients, playing bingo, singing putes for years. songs, helping a children’s choir, reading, IN THE HOUSE OF REPRESENTATIVES doing a bible study and mostly chatting with In addition, he secured $9.5 million for a the patient’s whom did not have many visi- fine arts center, oversaw enhancements to the Wednesday, April 6, 2011 tors because of their Alzheimer’s disease. I Smith-Hammond-Middleton Monument, and Mr. THOMPSON of California. Mr. Speaker, was excited to see the growing smiles on erected an SHM historical marker for the three I rise today to honor Elizabeth Okerstrom their faces as I chatted and heard stories of students killed in the Orangeburg Massacre. Murguia of Eureka, California on the occasion their kids and their long lives. I decided to continue volunteering each Sunday and help- He also led the effort to establish the Nuclear of her retirement after more than 35 years of ing out as much as possible. Not only did Engineering program at S. C. State, the first extraordinary public service for the people of this project help me to make a difference in degree program of its kind at a historically California’s North Coast. my community, it made a difference in me black college. Born and raised in beautiful rural Mendocino as well. County, Liz’s parents, Merle and Astrid Today, Dr. Davis serves as Executive Direc- —Caitlyn Woolum Okerstrom, instilled in her a deep appreciation f tor of the Center of Excellence in Rural and for the important things in life: family, commu- Minority Health and Distinguished Professor of TRIBUTE TO DR. LEROY DAVIS nity, and civic engagement. From age 10 and Biology at Voorhees College in Denmark, on, Liz was raising ‘‘Dollars for Democrats’’ South Carolina. He is also a leading consult- and serving in student government, paving the HON. JAMES E. CLYBURN ant with the Southern Education Foundation’s way for a long career in public service. OF SOUTH CAROLINA Center to Serve HBCU Leadership Project. Early visits to the Bookmobile growing up IN THE HOUSE OF REPRESENTATIVES He is also very active with the Southern As- nurtured Liz’s lifelong passion for books and Wednesday, April 6, 2011 sociation of Colleges and Schools, SACS, and reading. Graduating from Sonoma State Uni- Mr. CLYBURN. Mr. Speaker, I rise today to has chaired many visiting committees, pre- versity with a Bachelor of Arts degree in pay tribute to one of South Carolina’s out- sented workshops and symposia, and served English Literature in 1972, Liz quickly became standing academic leaders as he is honored on special committees. In 2002 he was award- a committed and dynamic library advocate. She served on the Humboldt County Library by his alma mater. On April 28, 2011, South ed the SACS Distinguished Service Award for Construction Advisory Committee from 1979 Carolina State University is dedicating Leroy his long-term service and commitment to through 1995, playing a central role in raising Davis Sr. Hall, a science and research com- SACS. plex, in honor of the former student who re- the funds to construct a new Main Library for turned to S. C. State as a professor and went Dr. Davis holds membership in numerous the Humboldt County Public Library system. In on to serve as its eighth President. I can think professional and civic organizations, including 1991, she was appointed as a California Dele- of no one more deserving of this honor. the American Council on Education, Sigma Pi gate to the White House Conference on Li- Leroy Davis was born in Garden City, South Phi Fraternity, the New York Academy of braries in Washington, DC. As Co-Founder Carolina, and is a graduate of the old Science, and Rotary International. and President of the Humboldt Library Foun- dation since 1996, Liz was the recipient of its Wilkinson High School in Orangeburg. He at- He also sits on a number of boards and distinguished Helen Everett Award in 2006 in tended South Carolina State College (now commissions including the South Carolina University) and graduated in 1971 with a B.S. recognition of 25 years of tireless work on be- Governor’s School for Science and Mathe- half of public libraries. In 2008, Liz was also degree in Biology. The following year, he matics Board of Trustees, the Jessie Ball Du- earned a master’s degree in Microbiology from appointed to serve on the Library of California pont Fund Board of Trustees, the South- Board to ensure that all Californians have ac- Purdue University. In 1979, Dr. Davis received eastern Council of Foundations Board of his Ph.D. in Molecular Biology. cess to library resources and services for life- Trustees, the Mt. Calvary Baptist Church After earning his academic credentials, Dr. long learning and enrichment. Board of Trustees (Chairman) and the Purdue Davis returned to his roots and took a position Following her graduation from college, Liz as an assistant professor of biology at South University College of Science Advisory Board. worked for Zero Population Growth in Wash- Carolina State. He went on to become a full He previously served on the boards of the Na- ington DC., after which she returned to Cali- professor, and published numerous articles tional Collegiate Athletics Association, NCAA, fornia and began working for former State and papers in general and technical journals. the Southern Association of Colleges and Senator and Assemblyman Barry Keene in Dr. Davis continued to climb the profes- Schools, SACS, the South Carolina Aquarium, 1975, where she remained for 18 years. sional ladder at South Carolina State, succes- and the National Association for Equal Oppor- In 1993, I was honored that Liz joined my sively holding positions as Program Director tunity in Higher Education, NAFEO. State Senate staff as District Representative for Talented and Gifted Workshops; Director of Dr. Davis is the recipient of numerous hon- and then my Congressional staff in 1998, serving as my representative for Humboldt Academic Counseling and Tutorial Programs; ors and awards, including South Carolina’s and Del Norte Counties in the United States Director of the Office of Institutional Self Stud- highest civilian award—the Order of the Pal- ies; Vice Provost for Academic Administration; Congress. Throughout the past 18 years, Liz metto—and honorary degrees from Tuskegee Vice President for Student Services; and In- has proven herself to be an invaluable asset, University, Francis Marion University, South terim President. trusted adviser, and cherished friend. She is a On April 10, 1996, Dr. Davis became Presi- Carolina State University, and Purdue Univer- creative and effective problem solver with a dent of South Carolina State University by a sity. breadth of knowledge of public policy and unanimous vote of the Board of Trustees. He Dr. Davis is married to the former Christine local issues relating to health care, education, took over during a troubled time at the college, McGill of Kingstree, South Carolina and they community development, and working with Na- becoming the second president in just 3 years. have two adult children—Tonya and Leroy, tive American Tribes. Liz also has a devel- During his career at South Carolina State he Jr.—and five grandchildren. oped expertise in understanding and solving accrued a number of honors, including Out- the North Coast’s wide range of natural re- Mr. Speaker, I ask you and my colleagues standing Young Men of America 1978, 1979 source issues, including public land manage- and 1980; ‘‘Teacher of the Year’’ in 1985 and to join me in congratulating Dr. Leroy Davis on ment, timber, salmon restoration, and ocean South Carolina Business Visions Top 25 an extraordinarily distinguished career in aca- resources. Influencers for 1997. demia. It is fitting that he is being recognized Liz is a masterful writer and fundraiser, well After 6 years as President, Dr. Davis retired for his lifetime of contributions to South Caro- known and deeply respected by the commu- from South Carolina State on June 30, 2002. lina State University. I add my voice to those nity. Her impact has been far-reaching through The highlights of his tenure include securing celebrating his commitment to his Alma Mater. her service on many boards and committees $10 million in federal funds for the James E. It has been my honor to work closely with Dr. such as the Open Door Community Health Clyburn Transportation Center, renovations to Davis, and I look forward to his continued con- Clinics Board, Keep Eureka Beautiful Board, Lowman Hall, expansions of the Whittaker Li- tributions to academia and society as a whole. St. Joseph’s Hospital Advocacy Committee,

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.012 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E650 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 Humboldt County Democratic Central Com- With this statement as a benchmark, I am He also routinely takes educational materials mittee, Aligning Forces 4 Quality Care Leader- proud to congratulate the members of the to schools in the county to make presentations ship Team, and Timber Heritage Museum Ad- 2010–2011 Congressional Youth Advisory on various topics of interest in the county. visory Council. She has also previously served Council for showing themselves to be out- Roger has often provided programs for senior on the North Coast Regional Land Trust Advi- standing young citizens of this nation. It is my citizens, civil groups, and organizations such sory Council, Humboldt Child Care Council, privilege to submit summaries of their work to as the Rotary Club, Lions, churches and Women’s Resources For Work Board, and the the CONGRESSIONAL RECORD to be preserved Scouts. North Coast Pro-Choice Pac Board. In 1988, for posterity and antiquity. To these young These events have always been exceptional Liz was selected as Democrat of the Year by public servants, thank you, and keep up the and well-received by locals and the many tour- the Humboldt County Democratic Central great work! I salute you! ists who come to participate. Not only did he Committee. A copy of each submitted student summary plan these events, but he has been a part of Liz is fortunate to be surrounded by a large follows: the many re-enactments and programs. circle of loving family and lifelong friends. She For my mandatory service project, ‘‘CYAC Roger’s visits to the schools and youth or- shared 30 years with the great love of her life, in the Community,’’ I had the distinct privi- ganizations of Bedford County to educate her late husband Sef, with whom she shares lege of serving my community both phys- young people on county history are greatly ap- four children, Todd, Dana, Adam, and Michael, ically and intellectually. Specifically, I, on preciated. and nine grandchildren. Liz has a deep appre- behalf of the Frisco Blackbird Squadron of Mr. Kirwin’s enthusiasm for the history and The Civil Air Patrol, was a road guard for ciation for the arts and music, and is known heritage of Bedford County is admirable and I Frisco’s annual Gary Burns Fun Run as well commend him for his efforts. for her warm and welcoming nature as a host- as a tutor for many of my fellow peers. My ess of frequent dinner parties, as well as intellectual service presented itself in the f being a passionate gardener, how she spends form of tutoring. During what was, for many, HONORING FISHER/NIGHTINGALE much of her time. the most stressful time academically of the HOUSES Mr. Speaker, it is appropriate at this time whole year, I was repeatedly asked to help that we acknowledge Elizabeth Okerstrom the stuggling with certain tough concepts. I Murguia for her 35-plus years of dedicated gladly agreed and spent time that I could HON. STEVE AUSTRIA have used to study for my tests in order to OF OHIO service and extend our best wishes for a well- prepare them. My physical service was given IN THE HOUSE OF REPRESENTATIVES deserved retirement. She will be greatly in the name of the entire community in the Wednesday, April 6, 2011 missed. form of the City of Frisco’s 11th Annual Gary f Burns Fun Run. By setting up barriers, man- Mr. AUSTRIA. Mr. Speaker, I rise today on aging the obstruction-free race route, and behalf of the constituents of Ohio’s Seventh RECOGNIZING THE 2010–2011 CON- controlling the restless spectators, I was Congressional District to recognize and cele- GRESSIONAL YOUTH ADVISORY able to contribute to Frisco’s biggest event brate the grand opening of the new Fisher COUNCIL FOR 500 HOURS OF OUT- and one of the nation’s largest ‘‘fun runs.’’ House located on Wright-Patterson Air Force Additionally, I learned that the nature of STANDING SERVICE TO THE Base Ohio. COMMUNITY—SEAN WHITNEY servant leadership necessitates actively looking for needs in the community or in an Wright-Patterson Air Force Base is the birth- individual. place, home, and future of aerospace, but HON. SAM JOHNSON —Sean Whitney most people are not aware that it is also the OF TEXAS birthplace of compassionate care housing in f IN THE HOUSE OF REPRESENTATIVES the Department of Defense. The base opened Wednesday, April 6, 2011 PERSONAL EXPLANATION the Nightingale house in May of 1990 by converting a base house, making it the first com- Mr. SAM JOHNSON of Texas. Mr. Speaker, HON. DAVID LOEBSACK passionate care house in all of DoD. it is my pleasure and privilege to inform the In 1991, Zach and Elizabeth Fisher were OF IOWA Members of the United States House of Rep- asked to build one Ronald McDonald type IN THE HOUSE OF REPRESENTATIVES resentatives that the students of the 2010– house at Bethesda Naval Medical Center, 2011 Congressional Youth Advisory Council, Wednesday, April 6, 2011 Maryland. What started as a request to build CYAC, from the Third District of Texas have Mr. LOEBSACK. Mr. Speaker, I mistakenly one house has blossomed into a network of completed a total of 500 community service cast my vote on rollcall vote No. 209 on Rep- 53 compassionate care locations world-wide. hours, fulfilling and far-surpassing the require- resentative DEFAZIO’s Amendment No. 9 to Although both Zach and Elizabeth have ments of their assigned CYAC in the Commu- H.R. 658 as a ‘‘no’’ vote. I intended to cast an passed on, their legacy continues today nity service project. ‘‘aye’’ vote on this measure. through their nephews and grandnephews. This year 46 students from public, private, f The Wright-Patterson AFB Fisher and Night- and home schools in grades 10 through 12 ingale Houses provide an opportunity for made their voices heard by joining CYAC. As RECOGNIZING ROGER KIRWIN wounded, injured, and ill military men and the Third District’s young ambassadors to women and their families to stay together and Congress, these bright high school students HON. BILL SHUSTER support each other while undergoing medical met with me on a quarterly basis to discuss OF PENNSYLVANIA treatment. Guests do not pay for their stay in current events and public policy. These im- IN THE HOUSE OF REPRESENTATIVES one of the homes. Furthermore, each house pressive young people recognize an important has a wonderful staff and volunteers who pro- Wednesday, April 6, 2011 truth: the heart of public service is found when vide loving support and ensure all of their giving back to the community. CYAC students Mr. SHUSTER. Mr. Speaker, I rise today to needs are met. In 2010, the two Wright-Patter- volunteered their time and talents with over 30 recognize Mr. Roger Kirwin of Everett for son AFB houses assisted more than 600 fami- organizations including Adopt-A-Highway, being named Bedford County’s Historian of lies from all branches and components of our Habitat for Humanity, Meals on Wheels, Teen the Year for 2011 by the Bedford County His- Armed Forces, and more than 10,000 families Court, and the USO, to name a few. As one torical Society. since the opening of the first home nearly 22 student shared, ‘‘CYAC in the Community has Mr. Kirwin is commended for his efforts in years ago. allowed me to realize my calling to serve preserving, protecting, and documenting the The new Fisher home opening today is a those in the U.S. Armed Forces.’’ I am beyond history and heritage of Bedford County and its 10,000 square foot single story home, with 12 thrilled that CYAC has helped students un- people. bedrooms, 12 handicapped accessible bath- leash their full potential and chase their The Historian of the Year Committee se- rooms, formal living room, large family room, dreams. lected Roger in recognition of his contributions large kitchen and dining room, and expanded President George H.W. Bush once said, ‘‘A to the historical programs at Old Bedford Vil- laundry facilities. This new home will give volunteer is a person who can see what oth- lage. Throughout his term as Executive Direc- Wright-Patterson an additional 1,460 bed ers cannot see; who can feel what most do tor he enhanced many of the already existing nights a year, bringing the entire capacity to not feel. Often, such gifted persons do not programs and added many new programs to 7,665 bed nights a year. think of themselves as volunteers, but as citi- the Village’s calendar. Thus, today I ask my colleagues to join me zens—citizens in the fullest sense: partners in Roger has helped provide resources for and the constituents of the Ohio’s Seventh civilization.’’ educational programs for use by local schools. Congressional District in celebrating the grand

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.014 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS April 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E651 opening of Wright-Patterson AFB’s new Fisher school program is run by volunteers, and Iran poses an unacceptable risk to the United House and Compassionate Care Facility. without all of us the teachers would not be States and our close ally Israel. able to have as many activities for the chil- f It is clear that Iran is not pursuing a purely dren or be able to control all of them. This civilian nuclear program, but rather one that is RECOGNIZING THE 2010–2011 CON- experience showed me how well I had it as a child, as well as how young children in our designed to further their ability to access and GRESSIONAL YOUTH ADVISORY community need people to look up to and utilize nuclear weapons. This is supported by COUNCIL FOR 500 HOURS OF OUT- help them. I plan on going back to Truett at our country’s military and intelligence leaders. STANDING SERVICE TO THE least once a week if I can, and continuing to Chairmen of the Joint Chiefs of Staff Adm. Mi- COMMUNITY—JILL WALLER help all of the children with their work. chael Mullen said he doesn’t believe ‘‘for a —Jill Waller second’’ that Iran’s nuclear program is for civil- HON. SAM JOHNSON f ian use. While Director of Intelligence James OF TEXAS RESTORING GI BILL FAIRNESS Clapper testified to Congress that Iran is de- IN THE HOUSE OF REPRESENTATIVES ACT OF 2011 veloping ‘‘various nuclear capabilities that better position it to produce such weapons.’’ Wednesday, April 6, 2011 Yet, Iran’s nuclear program continues Mr. SAM JOHNSON of Texas. Mr. Speaker, HON. JEFF MILLER unabated. it is my pleasure and privilege to inform the OF FLORIDA With enough low-enriched nuclear material Members of the United States House of Rep- IN THE HOUSE OF REPRESENTATIVES to produce three nuclear bombs, Iran could be resentatives that the students of the 2010– Wednesday, April 6, 2011 at most two or three years away from a nu- 2011 Congressional Youth Advisory Council, Mr. MILLER of Florida. Mr. Speaker, today, clear weapon. They are also developing the CYAC, from the Third District of Texas have I have introduced the Restoring GI Bill Fair- capacity to stockpile highly enriched nuclear completed a total of 500 community service ness Act of 2011. material. hours, fulfilling and far-surpassing the require- This bill will temporarily authorize the De- Quite simply, United States policy must re- ments of their assigned CYAC in the Commu- partment of Veterans Affairs, VA, to pay tuition main focused on preventing Iran from acquir- nity service project. and fees on behalf of eligible veterans attending a nuclear weapon. I believe that sanctions This year 46 students from public, private, ing non-public education and training institu- remain the best tool at our disposal to peace- and home schools in grades 10 through 12 tions in an amount that is the greater of fully persuade Iran to abandon its reckless de- made their voices heard by joining CYAC. As $17,500, or the maximum in-state rate for un- fiance of international law. the Third District’s young ambassadors to dergraduate tuition and fees in effect on Octo- While existing sanctions from the U.S. and Congress, these bright high school students ber 27, 2010. the international community had achieved a met with me on a quarterly basis to discuss Mr. Speaker, this temporary change would crippling effect on the Iranian economy, I be- current events and public policy. These im- prevent students who have already enrolled in lieve that our sanctions should be tougher to pressive young people recognize an important non-public schools from experiencing a reduc- keep pressure on the Iranian leadership. This truth: the heart of public service is found when tion in tuition and fees paid by VA on their be- includes sanctioning foreign banks and energy giving back to the community. CYAC students half due to changes made under Public Law companies. volunteered their time and talents with over 30 111–377, the Post-9/11 Veterans Educational The choice is ours: we must continue to en- organizations including Adopt-A-Highway, Assistance Improvements Act of 2010. gage the international community and do ev- Habitat for Humanity, Meals on Wheels, Teen Under the original Post 9/11 GI Bill passed erything in our power to protect our vital ally Court, and the USO, to name a few. As one in 2008, the maximum tuition and fees paid to Israel. student shared, ‘‘CYAC in the Community has any school—public or private—was equal to f allowed me to realize my calling to serve the highest in-state rate for undergraduate tui- RECOGNIZING REV. CHARLES L. those in the U.S. Armed Forces.’’ I am beyond tion and fees. Most students attending private CURRIE, S.J. thrilled that CYAC has helped students un- institutions in a few states with high public leash their full potential and chase their school tuition and fees like New York, Michi- dreams. gan, and Texas receive more assistance HON. TIMOTHY H. BISHOP President George H.W. Bush once said, ‘‘A under the state-based formula than they will OF NEW YORK volunteer is a person who can see what oth- beginning next August under the $17,500 per IN THE HOUSE OF REPRESENTATIVES ers cannot see; who can feel what most do year cap required by Public Law 111–377. Wednesday, April 6, 2011 not feel. Often, such gifted persons do not Such was the expectation of those who en- Mr. BISHOP of New York. Mr. Speaker, I think of themselves as volunteers, but as citi- rolled in private schools before the changes rise today to offer my heartfelt congratulations zens—citizens in the fullest sense: partners in were made. I believe it is only fair to ‘‘grand- to a dear friend, Rev. Charles L. Currie, S.J., civilization.’’ father’’ those veterans who, through no fault of on his retirement from the presidency of the With this statement as a benchmark, I am their own, were adversely affected. Association of Jesuit Colleges and Universities proud to congratulate the members of the I am pleased to note that this bill is fully (AJCU). 2010–2011 Congressional Youth Advisory paid for in compliance with House rules. The For over four decades, Father Currie has Council for showing themselves to be out- offsets required by this bill are preliminarily es- served as a tireless advocate of independent standing young citizens of this nation. It is my timated to be about $105 million and will be higher education. His passion and dedication privilege to submit summaries of their work to covered by a temporary, short-term freeze in have had a tremendous influence on the lives the CONGRESSIONAL RECORD to be preserved the monthly Post 9/11 GI Bill housing stipend of countless students through his multiple for posterity and antiquity. To these young amounts at the current level for a period of 30 roles as an educator, spiritual leader, and hu- public servants, thank you, and keep up the months beginning August 1, 2011. After that manitarian. A true renaissance man, Father great work! I salute you! period, the monthly housing stipend will be re- Currie has personified the AJCU mission of A copy of each submitted student summary stored to the full rate in effect at that time. follows: Mr. Speaker this is a temporary, but impor- leading a meaningful life of leadership and service. For my volunteer work, I went to Truett tant fix to the GI Bill that will benefit hundreds A product of the Jesuit system, Father Elementary School on three occasions. Dur- of veterans in several states and I encourage ing my time there, I got to work with under- all Members to cosponsor the bill. Currie earned degrees from Fordham Univer- privileged kids in their after-school program, sity, Boston College, and Woodstock College, f because many of the children have working as well as a doctorate in physical chemistry parents who cannot pick them up from IRAN’S NUCLEAR PROGRAM from the Catholic University of America. Fol- school until 2 hours after the school day lowing his post-doctoral studies at Cambridge ends. Depending on the day and time, I HON. TOM REED University, Father Currie went on to serve as would help with homework for the day, do a noted faculty member at Georgetown Uni- arts and crafts, and play with the kids on the OF NEW YORK versity before serving as president of Wheel- playground. Each time, I made friends with IN THE HOUSE OF REPRESENTATIVES ing College (1972–1982) and Xavier University the kids and helped them in some way or an- Wednesday, April 6, 2011 other, whether it was walking with them to (1982–1986). At Wheeling and Xavier, his vi- the bathroom or teaching them how to do Mr. REED. Mr. Speaker, I rise today be- sion and leadership placed an emphasis on their math homework. Much of the after- cause the threat posed by a nuclear armed the importance of academic quality, effective

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.018 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E652 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 planning and management, active involvement RECOGNIZING THE 2010-2011 CON- packed 21,155 pounds of usable food, creating and commitment to the community, and strong GRESSIONAL YOUTH ADVISORY a total of 16,227 meals, in under 5 hours. Thanks to the people at the North Texas public-private and ecumenical partnerships. COUNCIL FOR 500 HOURS OF OUT- STANDING SERVICE TO THE Food Bank, I truly believe that we, as both Texans and Americans, are doing our best to Following his tenure at Wheeling and Xa- COMMUNITY—ROSS VAN DE KOP vier, Father Currie retuned to Georgetown Uni- help as many people as we can. —Ross Van de Kop versity to direct the University’s Bicentennial HON. SAM JOHNSON Celebration, which included over 90 academic, f OF TEXAS cultural and celebratory events from Sep- INTRODUCTION OF THE HEALTH IN THE HOUSE OF REPRESENTATIVES tember of 1988 through September of 1989. OUTCOMES, PLANNING AND EDU- Wednesday, April 6, 2011 Later in 1989, following the assassination of CATION ACT (HOPE) FOR ALZ- six Jesuit priests and two female coworkers by Mr. SAM JOHNSON of Texas. Mr. Speaker, HEIMER’S members of the El Salvadorian military, Father it is my pleasure and privilege to inform the Currie was named special assistant to the Members of the United States House of Rep- HON. EDWARD J. MARKEY resentatives that the students of the 2010– President of Georgetown to coordinate the OF MASSACHUSETTS 2011 Congressional Youth Advisory Council university’s response to this tragedy. Working IN THE HOUSE OF REPRESENTATIVES (CYAC) from the Third District of Texas have closely with congressional leaders and aides, completed a total of 500 community service Wednesday, April 6, 2011 Father Currie successfully organized a number hours, fulfilling and far-surpassing the require- Mr. MARKEY. Mr. Speaker, I rise today of educational programs at Georgetown and ments of their assigned CYAC in the Commu- along with my fellow co-chair of the bipartisan participated in the extensive Congressional re- nity service project. Alzheimer’s Task Force Mr. SMITH (R–NJ) and sponse to block military aid to El Salvador. This year 46 students from public, private, colleagues Rep. MCDERMOTT (D–WA), BUR- In 1997, following several years serving as and home schools in grades 10 through 12 GESS (R–TX), BORDALLO (D–GU), Rector of the Jesuit Community at Saint Jo- made their voices heard by joining CYAC. As CHRISTENSEN (D–VI), GRIJALVA (D–AZ) and the Third District’s young ambassadors to PIERLUISI (D–PR) to introduce the bipartisan seph’s University in Philadelphia, Father Congress, these bright high school students Health Outcomes, Planning and Education Currie took the reins as president of the met with me on a quarterly basis to discuss (HOPE) for Alzheimer’s Act. AJCU. Under his leadership, the AJCU has current events and public policy. These im- One in eight Americans over 65—or 5.4 mil- implemented numerous initiatives to increase pressive young people recognize an important lion individuals—have Alzheimer’s disease. the free flow of information and communica- truth: the heart of public service is found when Unless science finds a way to prevent or cure tion between the 28 member institutions of the giving back to the community. CYAC students it, over 13 million Americans will have Alz- Association. The development of the Jesuit volunteered their time and talents with over 30 heimer’s disease by the year 2050. Distance Education Network (JesuitNET) has organizations including Adopt-A-Highway, The HOPE Act aims to improve the way we earned national acclaim, receiving two federal Habitat for Humanity, Meals on Wheels, Teen diagnosis Alzheimer’s disease and other de- grants and selection by the U.S. Department Court, and the USO, to name a few. As one mentias and provide important information of Education to participate in the Distance student shared, ‘‘CYAC in the Community has about care and treatment for patients and their Education Demonstration Program. Similarly, allowed me to realize my calling to serve families. The bill provides Medicare coverage for comprehensive diagnoses of Alzheimer’s the creation of the AJCU Leadership Develop- those in the U.S. Armed Forces.’’ I am beyond thrilled that CYAC has helped students un- disease to guarantee that seniors who show ment Seminar, the promotion of mission and leash their full potential and chase their signs of Alzheimer’s can receive a formal di- identity activities, and the concerted effort to dreams. agnosis from their doctor and that this diag- promote the education of justice have com- President George H.W. Bush once said, ‘‘A nosis is documented in their medical record. bined to significantly enhance the coordination volunteer is a person who can see what oth- The bill would also improve care and reduce of Association goals among member institu- ers cannot see; who can feel what most do costs by providing information and resources tions. not feel. Often, such gifted persons do not to newly diagnosed patients and their families Perhaps Father Currie’s greatest accom- think of themselves as volunteers, but as citi- by including, for the first time, caregivers in plishment as president of the AJCU arose out zens—citizens in the fullest sense: partners in discussions with doctors and patients. of tragedy. In 2005, following the Hurricane civilization.’’ At present, most people with Alzheimer’s With this statement as a benchmark, I am disease and other dementias have not re- Katrina catastrophe, Father Currie organized a proud to congratulate the members of the ceived an official diagnosis. Data from a report rapid response from the AJCU members to 2010–2011 Congressional Youth Advisory done by the Alzheimer’s Association found admit over 1,600 students from Loyola Univer- Council for showing themselves to be out- only 19 percent of people over age 65 with sity New Orleans and other affected area uni- standing young citizens of this nation. It is my dementia had a diagnosis documented in their versities. By allowing the affected students to privilege to submit summaries of their work to medical record. African American and His- continue their studies before returning to the the CONGRESSIONAL RECORD to be preserved panic populations, at higher risk for Alz- Gulf area in the spring semester, the students for posterity and antiquity. To these young heimer’s disease than whites, are even less were able to maintain uninterrupted instruction public servants, thank you, and keep up the likely to have been diagnosed. and remain on track for timely graduation. great work! I salute you! Early diagnoses can help individuals receive Mr. Speaker, I applaud Father Currie for his A copy of each submitted student summary treatments early, when medications are more follows: likely to be effective, and they allow patients to immeasurable contributions to the cause of Entering the North Texas Food Bank, I ex- participate in clinical trials to benefit from cut- higher education and I congratulate him on his pected to find a small operation of a few ting edge research. With an early diagnosis, well earned retirement following a distin- dedicated volunteers working tirelessly to- patients can prepare for the oncoming symp- guished career of service and advocacy. In wards helping as many people as they could. toms of the disease with their doctors and closing, I would be remiss if I did not include Yet this was not the case, as the facility that caregivers. Ultimately, this can bring down the following Ignatian prayer, dedicated to Fa- I arrived at was a massive testament to the human capacity for compassion. Over 200 Medicare costs by helping patients better ther Currie and the devoted Jesuit educators workers in a warehouse that rivaled the size manage other preexisting medical conditions like him: of an industrial plant, completely dedicated and avoid crises. Eternal Word, only begotten Son of God, to helping the citizens of North Texas. Con- Each year, the federal government spends Teach me true generosity. sidering a society is measured on how we $93 billion out of Medicare, or almost 20% of Teach me to serve you as you deserve. treat our worst citizens, I would go as far as the entire Medicare budget, to care for Alz- To give without counting the cost, to say the people at the food bank are bring- heimer’s patients. This money pays for hos- To fight heedless of wounds, ing America to an even higher standard. The pitalizations, doctor’s visits, and drugs associ- To labor without seeking rest, NTFB provided over 40 million meals for the To sacrifice myself without thought of any citizens of North Texas in 2010, and are aim- ated with the disease. Facilitating conversa- reward, ing to hit 50 million by the end of this year. tions with doctors and caregivers and pro- Save the knowledge that I have done your Had I only heard this number and not seen viding resources for families can help mitigate will. the facility, I would have called it far too the number of hospitalizations and complica- Amen. ambitious. But from what I observed, we tions for patients with the disease.

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06AP8.022 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS April 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E653 While we work here in Congress to invest PROTECT THE FAMILIES OF giving back to the community. CYAC students more funding for Alzheimer’s research to find FALLEN SERVICEMEMBERS volunteered their time and talents with over 30 a cure, we must continue to help the families organizations including Adopt-A-Highway, who have been impacted by this devastating HON. BOB FILNER Habitat for Humanity, Meals on Wheels, Teen disease. This bipartisan legislation is a good OF CALIFORNIA Court, and the USO, to name a few. As one step toward ensuring these important meas- IN THE HOUSE OF REPRESENTATIVES student shared, ‘‘CYAC in the Community has ures are taken. allowed me to realize my calling to serve Wednesday, April 6, 2011 those in the U.S. Armed Forces.’’ I am beyond The Alzheimer’s Association, Alzheimer’s Mr. FILNER. Mr. Speaker, today I am proud thrilled that CYAC has helped students un- Foundation, Cure Alzheimer’s Fund, and to introduce H.R. 1263, to amend the leash their full potential and chase their UsAgainstAlzheimer’s have endorsed our leg- Servicemembers Civil Relief Act to provide dreams. islation, which will increase the likelihood that surviving spouses with certain protections re- President George H.W. Bush once said, ‘‘A Alzheimer’s will be diagnosed sooner and help lating to mortgages and mortgage fore- volunteer is a person who can see what oth- families plan for the necessary treatments and closures. ers cannot see; who can feel what most do care. I look forward to continuing to work with Protecting our veterans and service mem- not feel. Often, such gifted persons do not my colleagues on this important issue through- bers is important, but their families are an ex- think of themselves as volunteers, but as citi- out the legislative process. tension of our military families and affording zens—citizens in the fullest sense: partners in them equal mortgage foreclosure protection is civilization.’’ f just as important. With this statement as a benchmark, I am The death of a servicemember while in proud to congratulate the members of the CONGRATULATING THE RESI- service, can be hard for a spouse as they ad- 2010–2011 Congressional Youth Advisory DENTS OF PLUM LAKE, WI ON just to a new life without their loved one, this Council for showing themselves to be out- THEIR CENTENNIAL ANNIVER- includes a single family income, which in standing young citizens of this nation. It is my SARY many instances is not enough to provide for a privilege to submit summaries of their work to family and make their mortgage payments. Ex- the CONGRESSIONAL RECORD to be preserved tending these protections would allow grieving for posterity and antiquity. To these young HON. REID J. RIBBLE spouses 9 months to work on a resolution with public servants, thank you, and keep up the OF WISCONSIN their lender or sell their home, if necessary. great work! I salute you! Servicemembers currently receive fore- A copy of each submitted student summary IN THE HOUSE OF REPRESENTATIVES closure protections for 9 months after the end follows: Wednesday, April 6, 2011 of military service. These protections under On the weekend of February 18–19th, I vol- the Servicemembers Civil Relief Act (SCRA) unteered at the carnival at Shepard Elemen- Mr. RIBBLE. Mr. Speaker, I rise to congratu- are meant to allow a period of transition and tary School. I spent time setting up the car- late the residents of the Town of Plum Lake in adjustment after service. Unfortunately, this nival, running the actual activities, and tak- Vilas County, Wisconsin, as they celebrate the protection does not exist for spouses. That is ing down all of the decorations. I had been to 100th anniversary of their town’s founding. why today I am introducing this legislation. many school fairs when I was in elementary H.R. 1263 amends the SCRA by extending school, but I had never seen the behind-the- Plum Lake comprises the communities of scenes action. Volunteering and working the Sayner and Star Lake, which have long been protection against mortgage foreclosure for 9 carnival taught me to be more appreciative, vacation destinations for Wisconsin residents months to a surviving spouse of servicemem- as 1 learned of the efforts involved in run- because of their friendly people, magnificent ber who died while in military service and their ning an event. The carnival benefited the lakes and forests, and abundant fish and death is service connected and the individual community as children were allowed time to game. Folks looking to escape the daily grind is the successor of the servicemember’s prop- play with their families and enjoy time off erty. In conclusion, H.R. 1263 takes an impor- school. As we finished up cleaning, I talked can retire to this beautiful area year-round to with many of the other volunteers and real- hunt, fish, ski, and hike along lovely nature tant step toward protecting the families of our brave fallen heroes. I urge my colleagues to ized that many of them wished the carnival trails. Visitors are often surprised to discover were not over. Many volunteers, including that the Town’s slogan, ‘‘Birthplace of the support H.R. 1263. myself, enjoy spending their time helping snowmobile,’’ reflects its invention there by f others and having the satisfaction of Carl Eliason in 1924. bettering others’ lives. More than two hun- RECOGNIZING THE 2010–2011 CON- dred volunteers were a part of the Shepard The Town of Plum Lake was officially GRESSIONAL YOUTH ADVISORY School Carnival, and I truly believe the car- formed by an ordinance passed by the Vilas COUNCIL FOR 500 HOURS OF OUT- nival would have been impossible without County Board on January 5, 1911. The ordi- STANDING SERVICE TO THE their help. This experience taught me a valu- nance went into effect on April 1, 1911, cre- COMMUNITY—CALVIN TSAY able lesson in the importance of volun- ating the new town from territory detached teering in the community, and I will defi- from the Town of Arbor Vitae. The first town nitely continue to serve my community to HON. SAM JOHNSON the best of my ability. meeting was held in Sayner on April 14, 1911. OF TEXAS —Calvin Tsay In the 19th century, Plum Lake was the cen- IN THE HOUSE OF REPRESENTATIVES ter of a vibrant lumber industry, which eventu- Wednesday, April 6, 2011 f ally gave way to tourism. Two years before Mr. SAM JOHNSON of Texas. Mr. Speaker, OUR UNCONSCIONABLE NATIONAL the founding of the Town, in the summer of it is my pleasure and privilege to inform the DEBT 1909, Herb Warner and others began con- Members of the United States House of Rep- struction on the Plum Lake Golf Club, which resentatives that the students of the 2010– opened in 1912 and is today one of Wiscon- HON. MIKE COFFMAN 2011 Congressional Youth Advisory Council, sin’s oldest golf courses. Plum Lake also OF COLORADO CYAC, from the Third District of Texas have boasts one of Wisconsin’s oldest summer IN THE HOUSE OF REPRESENTATIVES completed a total of 500 community service camps, Camp Highlands, which began when hours, fulfilling and far surpassing the require- Wednesday, April 6, 2011 Harry O. Gilette, a University of Chicago Lab- ments of their assigned CYAC in the Commu- Mr. COFFMAN of Colorado. Mr. Speaker, oratory School Headmaster, brought ten boys nity service project. today our national debt is to a remote point on Plum Lake for a summer This year 46 students from public, private, $14,262,144,462,897.94. in the wilderness in 1904. and home schools in grades 10 through 12 On January 6, 2009, the start of the 111th Today, Plum Lake maintains both its majes- made their voices heard by joining CYAC. As Congress, the national debt was tic landscape and its place as a prime vaca- the Third District’s young ambassadors to $10,638,425,746,293.80. tion destination. I am very proud to represent Congress, these bright high school students This means the national debt has increased this community and I congratulate the Town of met with me on a quarterly basis to discuss by $3,623,718,716,604.10 since then. Plum Lake on this historic milestone. I join current events and public policy. These im- This debt and its interest payments we are with all Wisconsinites in expressing pride in pressive young people recognize an important passing to our children and all future Ameri- the treasures of our state. truth: the heart of public service is found when cans.

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A06AP8.024 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E654 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 HONORING BARBARA ANN ZAJBEL completed a total of 500 community service HONORING THE LIFE AND LEGACY hours, fulfilling and far-surpassing the require- OF MEMPHIS STATE BASKET- HON. STEVE AUSTRIA ments of their assigned CYAC in the Commu- BALL PLAYER AND COACH, OF OHIO nity service project. LARRY FINCH IN THE HOUSE OF REPRESENTATIVES This year 46 students from public, private, HON. STEVE COHEN Wednesday, April 6, 2011 and home schools in grades 10 through 12 OF TENNESSEE made their voices heard by joining CYAC. As Mr. AUSTRIA. Mr. Speaker, I rise today on IN THE HOUSE OF REPRESENTATIVES behalf of the people of Ohio’s Seventh Con- the Third District’s young ambassadors to Wednesday, April 6, 2011 gressional District to honor the life and mem- Congress, these bright high school students ory of Barbara Ann Zajbel. met with me on a quarterly basis to discuss Mr. COHEN. Mr. Speaker, I rise today to As a former Xenia business woman and current events and public policy. These im- pay tribute to the life and legacy of former Xenia Area Chamber of Commerce executive, pressive young people recognize an important Memphis State basketball player and men’s basketball coach, Larry Finch. Coach Finch Barbara Zajbel was known as one of Xenia’s truth: the heart of public service is found when most loyal, positive and significant leaders. was born on February 16, 1951 in Memphis, giving back to the community. CYAC students Those who met or knew Barbara benefited Tennessee. He grew up in the historic Orange from her uplifting attitude and abundant volunteered their time and talents with over 30 Mound neighborhood and attended Melrose warmth. organizations including Adopt-A-Highway, High School. Unaware of the impact his life As a dedicated and faithful community serv- Habitat for Humanity, Meals on Wheels, Teen and love for basketball would have on the city ant, Barbara encouraged and motivated others Court, and the USO, to name a few. As one of Memphis, Larry Finch would help ease race through personal example. Over the years, student shared, ‘‘CYAC in the Community has relations during a sharply divided era and go she spearheaded countless community allowed me to realize my calling to serve on to lead the Memphis State Tigers to the projects that required hundreds of hours of those in the U.S. Armed Forces.’’ I am beyond NCAA Tournament finals then coach the team community service. She would not only orga- thrilled that CYAC has helped students un- to its greatest number of wins. Larry Finch joined the Memphis State Tigers nize the projects but would also work with vol- leash their full potential and chase their in 1969. During a time of high racial upheaval unteers to perform the necessary tasks in dreams. order to make the events successful. Both in Memphis, he along with his teammate, Mel- Barbara and her husband, Tom, are particu- President George H.W. Bush once said, ‘‘A rose graduate Ronnie Robinson, helped inte- larly remembered for their 15 years or so of volunteer is a person who can see what oth- grate the Tigers. Although he received much commitment to and involvement with the an- ers cannot see; who can feel what most do advice on schools to attend, he ultimately nual Xenia Old Fashioned Days Festival. not feel. Often, such gifted persons do not chose Memphis State because of his love and From arriving to Xenia in the late 1970’s, think of themselves as volunteers, but as citi- pride for his city. It was his love for both bas- Barbara devoted her life to service organiza- zens—citizens in the fullest sense: partners in ketball and Memphis that united the city like tions like Rotary, civic groups and boards, civilization.’’ never before. Blacks and whites came to- education committees and governmental gether, unconcerned about race, to cheer for projects. She served on boards of numerous With this statement as a benchmark, I am the Tigers and for Larry Finch. organizations, such as Greene County Con- proud to congratulate the members of the During Finch’s college career, the Tigers vention & Visitors Bureau, Xenia Educational 2010–2011 Congressional Youth Advisory had a 63–21 record and either won or tied for Endowment Fund, Miami Valley Military Affairs Council for showing themselves to be out- two Missouri Valley Conference champion- Association, Greene County Economic Devel- standing young citizens of this nation. It is my ships. In 1972, Larry was the Missouri Valley opment Roundtable, Xenia Downtown Revital- privilege to submit summaries of their work to Conference Player of the Year and was ization as well as many other commendable the CONGRESSIONAL RECORD to be preserved named All-America honorable mention by both the Associated Press and UPI. In his senior associations. She was also a member of St. for posterity and antiquity. To these young year, Larry Finch led his team to the 1973 Brigid Catholic Church. public servants, thank you, and keep up the One of Barbara’s most favorite quotes was NCAA Tournament championship game great work! I salute you! ‘‘I am only one, but I am one. I cannot do ev- against the UCLA Bruins. He scored an im- erything, but I can do something. And I will not A copy of each submitted student summary pressive 29 points but the Tigers still fell to the let what I cannot do interfere with what I can follows: Bruins, 87–66. It’s reported that when asked why he helped UCLA lead Bill Walton off the do.’’ Barbara exemplified this quote with her I volunteered at Friday Nite Friends (FNF) court after sustaining an injury to his ankle, he love and energy towards Xenia and the many located at the Custer Road United Methodist replied with laughter, ‘‘Because he was kicking different boards and organizations she served. Church. Every other Friday, FNF provides our butt.’’ Bill Walton later noted that it was After a hard fought battle with cancer, Bar- nurses and volunteers to offer free childcare Larry Finch alone among all players on the bara Zajbel, 67, passed away on March 28, for special needs children and their siblings. 2011, surrounded by her husband, Tom As a volunteer, I was placed with a group of court that helped the star when he was in Zajbel; sons, Jim and Tom Zajbel; and daugh- boy siblings to entertain and interact with need of assistance. After helping lead his team to the 1973 ter, Tracy Zajbel Palmer. Barbara’s life will for the evenings I volunteered. I would spend continue to be an inspiration to all those who the evenings playing board games and watch- finals, Larry’s No. 21 jersey was retired. He loved her and to the community she served so ing movies with my group or playing tag or was the Tiger’s all-time leading scorer and well. scooter races in the large rec room. By the currently ranks fourth with 1,869 points. The f end of the evenings, both the kids and the Tigers had never won an NCAA Tournament volunteers would be exhausted. When the game before Larry Finch joined the team. RECOGNIZING THE 2010–2011 CON- parents came to pick up their families they Larry Finch was drafted by the Los Angeles GRESSIONAL YOUTH ADVISORY would look so happy and refreshed. But they Lakers after graduating but instead decided to COUNCIL FOR 500 HOURS OF OUT- were always so happy to see their kids and sign with the local American Basketball Asso- STANDING SERVICE TO THE be reunited with them. In some cases this ciation team, the Memphis Tams. From 1975 COMMUNITY—GRANT TOLLETTE program provides the only opportunity for to 1979, Larry Finch was the assistant coach many of the moms to have any time away to his former coach Gene Bartow at the Uni- HON. SAM JOHNSON from their families to do chores, run errands versity of Alabama Birmingham and then the OF TEXAS or just have a quiet moment for themselves. assistant coach at Memphis State from 1979 IN THE HOUSE OF REPRESENTATIVES I have come to realize how important this to 1986 before replacing Dana Kirk as head coach. Wednesday, April 6, 2011 program is to the special needs community. I feel very blessed for my own family and Larry Finch served as the first African Amer- Mr. SAM JOHNSON of Texas. Mr. Speaker, feel fortunate that I am able to help other ican head coach for the Memphis State Tigers it is my pleasure and privilege to inform the families. from 1986 to 1997. He was responsible for re- Members of the United States House of Rep- —Grant Tollette cruiting and training Memphis greats such as resentatives that the students of the 2010– Elliot Perry, Anfernee ‘‘Penny’’ Hardaway, 2011 Congressional Youth Advisory Council, David Voughn and the late Lorenzen Wright. CYAC, from the Third District of Texas have During his tenure, Coach Finch amassed

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seven 20+ win seasons. He took the Tigers to uating from Anderson High school, he went on Majority Members Vote Minority Members Vote the NCAA Tournament six times with the to receive a degree in Administration of Crimi- Mr. Bishop of Utah ...... Nay Mr. Hastings of Florida ...... Yea 1991–1992 team led by Hardaway going to nal Justice from Anderson University and then Mr. Woodall ...... Nay Mr. Polis ...... Yea graduated from the Indiana Law Enforcement Mr. Nugent ...... Nay ...... the Elite Eight. At the end of his coaching ca- Mr. Scott of South Carolina Nay ...... reer, Larry Finch had a 220–130 coaching Academy. He is a member of the Madison Mr. Webster ...... Nay ...... record and was named University of Memphis’ Park Church of God, and coached football in Mr. Dreier, Chairman ...... Nay ...... ‘‘all-time winningest coach,’’ a title he still the Anderson community for thirty years. RULES COMMITTEE RECORD VOTE NO. 66 holds today. In 2000, the University of Mem- Never one to sit on the sidelines, Sam has phis dedicated a world-class practice facility in boldly answered the call of duty even in the Motion by Mr. POLIS to amend the rule to his honor—the Larry O. Finch Center. face of danger. make in order and provide the appropriate Larry loved playing against Louisville as ei- In 1978 Sam was shot six times in the line waivers for amendment #2, offered by Rep. ther a player or a coach. He was proud of of duty—in the face, chest, and arm. Yet even MATSUI (CA), which would preserve the ‘‘trans- besting the Louisville Cardinals 16 out of 27 after that tragedy, Sam remained dedicated to parency rule’’ adopted by the FCC as part of times throughout his basketball career. His public service and only recently retired after the Open Internet Order requiring broadband 1987 Metro Conference Championship win 37 years of service with the Madison County providers to make available their network over Louisville in Freedom Hall was perhaps Sheriff’s Department. management practices as well as performance his most memorable meeting against Louis- Those who know Sam and worked with him and commercial terms so that consumers can ville. The Tigers won that game 75–52, beat- on the sheriff’s department recognize him for make informed choices. Defeated: 3–7 his dedication to helping others and willing- ing the Cardinals for the third time. The Tigers Majority Members Vote Minority Members Vote ended that season 26–8 and Finch was ness to do whatever it takes. He served self- lessly day after day, and received the distin- Ms. Foxx ...... Nay Mr. McGovern ...... Yea named Basketball Times Rookie Coach of the Mr. Bishop of Utah ...... Nay Mr. Hastings of Florida ...... Yea Year. guished ‘‘Law Enforcement Officer of the Mr. Woodall ...... Nay Mr. Polis ...... Yea Year’’ award five times. I know that his integ- Mr. Nugent ...... Nay ...... Larry was loved by many in the Memphis Mr. Scott of South Carolina Nay ...... community. After suffering from a stroke in rity and commitment to the cause will forever Mr. Webster ...... Nay ...... 2002, those close to him created the Friends be an example to those who serve after him. Mr. Dreier, Chairman ...... Nay ...... of Larry Finch Foundation to help cover med- Though Sam has officially retired from the Madison County Sheriff’s Department, he con- ical expenses. In 2006, the Foundation re- f leased a tribute CD called ‘‘Eye of the Tiger: tinues to serve as Investigator of Senior Pro- A Tribute to Larry Finch.’’ It featured songs by tective Services for the Prosecutor of Madison HONORING BILL SAMUELS, JR. Memphis performers Al Green, The Bar-Kays, County. He is a dedicated husband of more Gary Johns, John Kilzer and Al Kapone. than thirty years to his bride Lori, and the fa- HON. GEOFF DAVIS ther of three sons—Kris, Matt, and Andrew. Larry Finch passed away on April 2, 2011 at OF KENTUCKY Today I honor Sam’s legacy of service, and the young age of 60. He will be missed by IN THE HOUSE OF REPRESENTATIVES many in Memphis including two of his closest wish to express my sincere gratitude for his friends, Leonard Draper and Randy Wade, the leadership. I am grateful for his friendship and Wednesday, April 6, 2011 many players whose lives he touched and look forward to his continued community im- Mr. DAVIS of Kentucky. Mr. Speaker, I rise hundreds of fans across Memphis and the Na- pact. He is truly an inspiration. today to honor the career of Mr. Bill Samuels, tion. He is survived by his wife Vickie, his f Jr. After 40 years of working for his family’s daughter Shanae Deon Finch and two sons, RULES COMMITTEE RECORD VOTE company, Bill is retiring as President of Mak- Larry Finch, Jr. and James Finch. He is also NO. 65 AND NO. 66 er’s Mark Distillery in Loretto, Kentucky to be- survived by his sister, Gloria Finch, and four come the company’s Chairman Emeritus. brothers, Barry, Gary, Greg and Ronald Finch. HON. ROB WOODALL As the seventh generation in a long line of Larry Finch was predeceased by two beloved Kentucky bourbon makers, Bill took over the OF GEORGIA younger sisters, Gail and Gwendolyn Finch. family business in 1980. Through clever mar- IN THE HOUSE OF REPRESENTATIVES Larry was a great American and we are lucky keting and an unwavering commitment to the he came this way for the people of Memphis Wednesday, April 6, 2011 tradition and quality of his bourbon, he was and our Nation. His was a life well lived. Mr. WOODALL. Mr. Speaker, the report (H. able to make the company a global icon. In f Rept. 112–53) accompanying H. Res. 200, 1980, the Maker’s Mark Distillery became the filed last evening, inadvertently omitted the full first distillery in the country to be designated a HONORING SAM HANNA ON THE descriptions of votes No. 65 and 66 of the National Historic Landmark. OCCASION OF HIS RETIREMENT Committee. The full descriptions and totals are All Kentuckians can be proud of the work as follows: that Bill has done to grow a family business HON. MIKE PENCE RULES COMMITTEE RECORD VOTE NO. 65 into a successful brand. In doing so, he has OF INDIANA Motion by Mr. HASTINGS of Florida to amend represented and shared part of the spirit of the IN THE HOUSE OF REPRESENTATIVES the rule to make in order and provide the ap- Commonwealth across the country and around propriate waivers for amendment #1, offered the world. Wednesday, April 6, 2011 by Rep. DOYLE (PA), which would reinstate the I thank Bill for his contributions to Kentucky Mr. PENCE. Mr. Speaker, I rise today to ability of the FCC to guard against internet ac- and our community and wish him the best of honor the long and storied career of Sam cess providers from blocking a consumer’s ac- luck in his new endeavors. I ask my col- Hanna. Sam is not only a friend, but a man cess to lawful internet content. Defeated: 3–7 leagues in the House of Representatives to whom I greatly admire. join me in recognizing Bill’s significant accom- Sam has strength of character and a true Majority Members Vote Minority Members Vote plishments. servant’s heart in his community. After grad- Ms. Foxx ...... Nay Mr. McGovern ...... Yea

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K06AP8.004 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E656 CONGRESSIONAL RECORD — Extensions of Remarks April 6, 2011 SENATE COMMITTEE MEETINGS 10:30 a.m. APRIL 13 Homeland Security and Governmental Af- Time to be announced Title IV of Senate Resolution 4, fairs Health, Education, Labor, and Pensions agreed to by the Senate on February 4, Federal Financial Management, Govern- Business meeting to consider any pend- 1977, calls for establishment of a sys- ment Information, Federal Services, ing nominations. and International Security Sub- tem for a computerized schedule of all Room to be announced committee 10 a.m. meetings and hearings of Senate com- To hold hearings to examine the Presi- Environment and Public Works mittees, subcommittees, joint commit- dent’s plan for eliminating wasteful To hold an oversight hearing to examine tees, and committees of conference. spending in information technology. domestic renewable fuels, focusing on This title requires all such committees SD–342 ethanol and advanced biofuels. 2:15 p.m. to notify the Office of the Senate Daily SD–406 Foreign Relations Finance Digest—designated by the Rules Com- Business meeting to consider S. Res. 109, To hold hearings to examine perspectives mittee—of the time, place, and purpose honoring and supporting women in on deficit reduction. of the meetings, when scheduled, and North Africa and the Middle East SD–215 any cancellations or changes in the whose bravery, compassion, and com- Judiciary mitment to putting the wellbeing of meetings as they occur. To hold hearings to examine fulfilling others before their own have proven our commitment to support victims of As an additional procedure along that courage can be contagious, and crime. with the computerization of this infor- the nominations of Nils Maarten Parin SD–226 mation, the Office of the Senate Daily Daulaire, of Virginia, to be Representa- Armed Services tive of the United States on the Execu- Readiness and Management Support Sub- Digest will prepare this information for tive Board of the World Health Organi- committee printing in the Extensions of Remarks zation, Joseph M. Torsella, of Pennsyl- To hold hearings to examine the current section of the CONGRESSIONAL RECORD vania, to be Representative of the materiel readiness of U.S. Forces in re- on Monday and Wednesday of each United States of America to the United view of the Defense Authorization Re- week. Nations for U.N. Management and Re- quest for fiscal year 2012 and the Fu- form, with the rank of Ambassador, ture Years Defense Program. Meetings scheduled for Thursday, and to be Alternate Representative of SR–232A April 7, 2011 may be found in the Daily the United States of America to the Rules and Administration Sessions of the General Assembly of Digest of today’s RECORD. Business meeting to consider the nomi- the United Nations, during his tenure nation of William J. Boarman, of Mary- of service as Representative of the land, to be Public Printer, Government MEETINGS SCHEDULED United States of America to the United Printing Office. Nations for U.N. Management and Re- SR–301 APRIL 11 form, and Suzan D. Johnson Cook, of Veterans’ Affairs 4 p.m. New York, to be Ambassador at Large To hold hearings to examine veterans’ Appropriations for International Religious Freedom, employment, focusing on improving Commerce, Justice, Science, and Related all of the Department of State. the transition from the battlefield to Agencies Subcommittee S–116, Capitol the workforce. To hold hearings to examine proposed 2:30 p.m. SR–418 budget estimates for fiscal year 2012 for Judiciary 10:30 a.m. the National Aeronautics and Space Crime and Drugs Subcommittee Appropriations Administration (NASA). To hold hearings to examine cyber secu- Department of Defense Subcommittee SD–192 rity, focusing on responding to the To receive a closed briefing on the pro- threat of cyber crime and terrorism. posed budget estimates for fiscal year APRIL 12 SD–226 2012 United States Pacific Command 10 a.m. Armed Services (PACOM). Armed Services Emerging Threats and Capabilities Sub- S–217, Capitol To hold hearings to examine U.S. Pacific committee 1 p.m. Command and U.S. Forces Korea in re- To hold hearings to examine Department Homeland Security and Governmental Af- of Defense plans and programs relating view of the Defense Authorization re- fairs to counterterrorism, counternarcotics, quest for fiscal year 2012 and the Fu- Business meeting to consider any pend- and building partnership capacity; with ture Years Defense Program; with the ing calendar business. the possibility of a closed session in SD–342 possibility of a closed session in SH–219 SVC–217 following the open session. 1:30 p.m. following the open session. SR–232A Armed Services SD–106 Homeland Security and Governmental Af- Personnel Subcommittee Judiciary fairs To hold hearings to examine the Active, Constitution Subcommittee Oversight of Government Management, the Guard, Reserve, and civilian personnel To hold hearings to examine the ‘‘Fair Federal Workforce, and the District of programs in review of the Defense Au- Elections Now Act’’, focusing on a Columbia Subcommittee thorization request for fiscal year 2012 comprehensive response to Citizens To hold hearings to examine financial and the Future Years Defense Pro- United. literacy, focusing on empowering gram. SD–226 Americans to make informed financial SR–222 Energy and Natural Resources decisions. 2 p.m. Business meeting to consider the nomi- SD–628 Appropriations nation of Peter Bruce Lyons, of New Intelligence Energy and Water Development Sub- Mexico, to be Assistant Secretary of To hold closed hearings to examine cer- committee Energy for Nuclear Energy. tain intelligence matters. To hold hearings to examine proposed SD–366 SH–219 budget estimates and justification for Environment and Public Works 2:45 p.m. fiscal year 2012 for the Army Corps of Water and Wildlife Subcommittee Banking, Housing, and Urban Affairs Engineers and Bureau of Reclamation. To hold joint hearings to examine nat- To hold hearings to examine building the SD–192 ural gas drilling, focusing on public new derivatives regulatory framework, Foreign Relations health and environmental impacts. focusing on oversight of Title VII of To hold hearings to examine inter- SD–406 the ‘‘Dodd-Frank Act’’. national development policy priorities Appropriations SD–538 in the fiscal year 2012 budget. State, Foreign Operations, and Related Environment and Public Works SD–419 Programs Subcommittee Clean Air and Nuclear Safety Sub- Aging To hold hearings to examine proposed committee To hold hearings to examine the Food budget estimates for fiscal year 2012 for To hold joint hearings to examine a re- and Drug Administration (FDA) and the U.S. Agency for International De- view of the nuclear emergency in the reform of the medical device ap- velopment. Japan and implications for the U.S. proval process. SD–138 SD–406 SD–562

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M06AP8.000 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS April 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E657 2:30 p.m. lic of Palau Following the Compact of MAY 17 Commerce, Science, and Transportation Free Association Section 432 Review, 10:30 a.m. Oceans, Atmosphere, Fisheries, and Coast and to appropriate funds for the pur- Appropriations poses of the amended PL 99–658 for fis- Guard Subcommittee Department of Defense Subcommittee cal years ending on or before Sep- To hold hearings to examine the Presi- To receive a closed briefing the United dent’s proposed budget request and tember 30, 2024, to carry out the agree- States Northern Command oversight for fiscal year 2012 for the ments resulting from that review. (NORTHCOM) and the United States National Oceanic and Atmospheric Ad- SD–366 Southern Command (SOUTHCOM). ministration (NOAA). 2:30 p.m. SVC–217 SR–253 Intelligence Armed Services To hold closed hearings to examine cer- Strategic Forces Subcommittee tain intelligence matters. MAY 25 To hold hearings to examine ballistic SH–219 10:30 a.m. missile defense policies and programs Appropriations in review of the Defense Authorization MAY 4 Department of Defense Subcommittee request for fiscal year 2012 and the Fu- 10:30 a.m. To hold hearings to examine proposed ture Years Defense Program; with the Appropriations budget estimates for fiscal year 2012 for possibility of a closed session in SVC– Department of Defense Subcommittee the Missile Defense Agency. 217 following the open session. To receive a closed briefing on Intel. SD–192 SR–232A SVC–217 3 p.m. MAY 26 Judiciary MAY 11 10:30 a.m. To hold hearings to examine certain 10 a.m. Appropriations nominations. Appropriations Department of Defense Subcommittee SD–226 Department of Defense Subcommittee To receive a closed briefing on the To hold hearings to examine proposed United States Central Command APRIL 14 budget estimates for fiscal year 2012 for the Guard and Reserve. (CENTCOM) and United States African 10 a.m. Command (AFRICOM). Energy and Natural Resources SD–192 SVC–217 To hold hearings to examine S. 343, to amend Title I of PL 99–658 regarding MAY 12 JUNE 15 the Compact of Free Association be- 10:30 a.m. tween the Government of the United Appropriations 10:30 a.m. States of America and the Government Department of Defense Subcommittee Appropriations of Palau, to approve the results of the To receive a closed briefing on the Department of Defense Subcommittee 15-year review of the Compact, includ- United States Special Operations Com- To hold hearings to examine the Sec- ing the Agreement Between the Gov- mand (SOCOM), and the United States retary of Defense and the Chairman of ernment of the United States of Amer- European Command (EUCOM). the Joint Chiefs of Staff. ica and the Government of the Repub- SVC–217 SD–192

VerDate Mar 15 2010 04:36 Apr 07, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M06AP8.000 E06APPT1 rfrederick on DSKD9S0YB1PROD with REMARKS Wednesday, April 6, 2011 Daily Digest Senate 60 affirmatives votes for the adoption of the amend- Chamber Action ment, the amendment was not agreed to). Routine Proceedings, pages S2145–S2214 Pages S2155–56, S2158–61, S2177–78 Measures Introduced: Twenty bills and three reso- By 7 yeas to 93 nays (Vote No. 52), Landrieu (for lutions were introduced, as follows: S. 734–753, and Stabenow/Brown (OH)) Amendment No. 277, to S. Res. 132–134. Pages S2187–88 suspend, for 2 years, any Environmental Protection Measures Passed: Agency enforcement of greenhouse gas regulations, to exempt American agriculture from greenhouse gas Parkinson’s Awareness Month: Senate agreed to regulations, and to increase the number of companies S. Res. 134, supporting the designation of April as eligible to participate in the successful Advanced En- Parkinson’s Awareness Month. Pages S2213–14 ergy Manufacturing Tax Credit Program. (Pursuant Measures Considered: to the order of April 5, 2011, requiring 60 SBIR/STTR Reauthorization Act: Senate contin- affirmatives votes for the adoption of the amend- ued consideration of S. 493, to reauthorize and im- ment, the amendment was not agreed to). prove the SBIR and STTR programs, taking action Pages S2155–56, S2178 on the following amendments proposed thereto: By 12 yeas to 88 nays (Vote No. 53), Landrieu Pages S2154–81, S2182 (for Rockefeller) Amendment No. 215, to suspend, Adopted: until the end of the 2-year period beginning on the By a unanimous vote of 100 yeas (Vote No. 55), date of enactment of this Act, any Environmental Landrieu (for Coburn) Amendment No. 281, to save Protection Agency action under the Clean Air Act at least $20 million annually by ending federal un- with respect to carbon dioxide or methane pursuant employment payments to jobless millionaires and to certain proceedings, other than with respect to billionaires. (Pursuant to the order of April 5, 2011, motor vehicle emissions. (Pursuant to the order of requiring 60 affirmatives votes for the adoption of April 5, 2011, requiring 60 affirmatives votes for the amendment, the amendment was agreed to). the adoption of the amendment, the amendment was Pages S2156, S2168–71, S2179–80 not agreed to). Pages S2156, S2165, S2178–79 By 64 yeas to 36 nays (Vote No. 57), Landrieu By 50 yeas to 50 nays (Vote No. 54), McConnell (for Coburn/Warner) Amendment No. 273, to save Amendment No. 183, to prohibit the Administrator at least $5 billion by consolidating some duplicative of the Environmental Protection Agency from pro- and overlapping government programs. (Pursuant to mulgating any regulation concerning, taking action the order of April 5, 2011, requiring 60 affirmatives relating to, or taking into consideration the emission votes for the adoption of the amendment, the of a greenhouse gas to address climate change. (Pur- amendment was agreed to). Pages S2156, S2180 Coburn Amendment No. 184, to provide a list of suant to the order of April 5, 2011, requiring 60 programs administered by every Federal department affirmatives votes for the adoption of the amendment, the amendment was not agreed to). and agency. Pages S2154, S2180–81 Landrieu (for Coburn) Amendment No. 217, to Pages S2154, S2161–68, S2171–77, S2179 save at least $8.5 million annually by eliminating an By 57 yeas to 43 nays (Vote No. 56), Landrieu unnecessary program to provide federal funding for (for Inouye) Amendment No. 286, to provide for the covered bridges. Pages S2156, S2180–81 Director of the Office of Management and Budget to Rejected: submit recommended rescissions in accordance with By 7 yeas to 93 nays (Vote No. 51), Landrieu (for the Congressional Budget and Impoundment Control Baucus) Amendment No. 236, to prohibit the regu- Act of 1974 for Government programs and agencies lation of greenhouse gasses from certain sources. with duplicative and overlapping missions. (Pursuant (Pursuant to the order of April 5, 2011, requiring to the order of April 5, 2011, requiring 60 D362

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ACCOUNTING PROFESSION Subcommittee on Conservation, Forestry and Natural Committee on Banking, Housing, and Urban Affairs: Resources: Senators Bennet (Chair), Leahy, Harkin, Subcommittee on Securities, Insurance and Invest- Conrad, Baucus, Klobuchar, Boozman, Lugar, Coch- ment concluded a hearing to examine the role of the ran, McConnell, and Chambliss. accounting profession in preventing another financial Subcommittee on Nutrition, Specialty Crops, Food and Ag- crisis, after receiving testimony from James L. ricultural Research: Senators Casey (Chair), Leahy, Kroeker, Chief Accountant, and Lynne E. Turner, Harkin, Brown (OH), Bennet, Gillibrand, Lugar, former Chief Accountant, both of the United States Cochran, McConnell, Johanns, and Hoeven. Securities and Exchange Commission; James R. Subcommittee on Livestock, Dairy, Poultry, Marketing Doty, Public Company Accounting Oversight Board, and Agriculture Security: Senators Gillibrand (Chair), Cynthia Fornelli, Center for Audit Quality, and Leahy, Baucus, Nelson (NE), Casey, Klobuchar, Thomas Quaadman, U.S. Chamber of Commerce Johanns, McConnell, Boozman, Grassley, and Thune. Center for Capital Markets Competitiveness, all of Senators Stabenow and Roberts are ex officio members of Washington, D.C.; Leslie Seidman, Financial Ac- each subcommittee. counting Standards Board, Norwalk, Connecticut; and Anton R. Valukas, Jenner and Block, Chicago, DEPARTMENT OF DEFENSE HEALTH Illinois. PROGRAMS Committee on Appropriations: Subcommittee on Depart- THE STATE OF COMMUNITY BANKING ment of Defense concluded a hearing to examine De- Committee on Banking, Housing, and Urban Affairs: partment of Defense Health Programs, after receiv- Subcommittee on Financial Institutions and Con- ing testimony from Lieutenant General Eric B. sumer Protection to examine the state of community Schoomaker, Surgeon General, and Major General banking, focusing on opportunities and challenges, Patricia D. Horoho, Chief, Nurse Corps, both of the after receiving testimony from Maryann F. Hunter, Army, Vice Admiral Adam M. Robinson, Jr., Sur- Deputy Director, Division of Banking Supervision geon General, and Rear Admiral Elizabeth S. and Regulation, Board of Governors of the Federal Niemyer, Director, Nurse Corps, both of the Navy, Reserve System; Sandra L. Thompson, Director, Risk Lieutenant General Charles B. Green, Surgeon Gen- Management Supervision, Federal Deposit Insurance eral, and Major General Kimberly A. Siniscalchi, As- Corporation; Jennifer Kelly, Senior Deputy Comp- sistant Surgeon General, Nursing Services, both of troller for Midsize and Community Bank Super- the Air Force, all of the Department of Defense. vision, Office of the Comptroller of the Currency, Department of the Treasury; John P. Ducrest, Lou- DEFENSE AUTHORIZATION REQUEST AND isiana Office of Financial Institutions Commissioner, FUTURE YEARS DEFENSE PROGRAM Broussard, on behalf of the Conference of State Bank Committee on Armed Services: Subcommittee on Stra- Supervisors; William A. Loving, Pendleton Commu- tegic Forces concluded open and closed hearings to nity Bank, Franklin, West Virginia, on behalf of the examine strategic systems in review of the Defense Independent Community Bankers of America Authorization Request for fiscal year 2012 and the (ICBA); Paul Reed, Ohio Bankers League, Pomeroy; Future Years Defense Program, after receiving testi- and Tommy G. Whittaker, First Farmers Bancshares, mony from Lieutenant General James M. Kowalski, Inc., Portland, Tennessee, on behalf of the American USAF, Commander, Air Force Global Strike Force, Bankers Association. Lieutenant General Mark D. Shackelford, USAF, Military Deputy, Office of the Assistant Secretary for STATE AND LOCAL PERSPECTIVES ON Acquisition, Major General David J. Scott, USAF, TRANSPORTATION Director, Operational Capability Requirements, and Committee on Environment and Public Works: Com- Deputy Chief of Staff for Operations, Plans, and Re- mittee concluded a hearing to examine state and quirements, Major General William A. Chambers, local perspectives on transportation, after receiving USAF, Assistant Chief of Staff for Strategic Deter- testimony from Cindy McKim, California Depart- rence and Nuclear Integration, and Brigadier Gen- ment of Transportation Director, Sacramento; Paul eral Garrett Harencak, USAF, Commander, Air D. Degges, Tennessee Department of Transportation Force Nuclear Weapons Center, all of the Air Force, Chief Engineer, Nashville; Isiah Leggett, Mont- and Rear Admiral Terry J. Benedict, USN, Director gomery County Executive, Rockville, Maryland;

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William Kennedy, Yellowstone County Commis- mental reforms, after receiving testimony from Rob- sioner, Billings, Montana; Thomas K. Wright, Re- ert M. Groves, Director, U.S. Census Bureau, and gional Plan Association (RPA), Princeton, New Jer- Todd J. Zinser, Inspector General, both of the De- sey; and Mike Malone, Northwest Arkansas Council, partment of Commerce; Robert Goldenkoff, Direc- Fayetteville. tor, Strategic Issues, Government Accountability Of- fice; Daniel Castro, Information Technology and In- PERSPECTIVES ON THE CRISIS IN LIBYA novation Foundation (ITIF), Pittsburgh, Pennsyl- Committee on Foreign Relations: Committee concluded vania; Thomas M. Cook, The National Academies, a hearing to examine perspectives on the crisis in Houston, Texas; and Arturo Vargas, National Asso- Libya, after receiving testimony from Richard N. ciation of Latino Elected and Appointed Officials Haass, Council on Foreign Relations, New York, (NALEO) Education Fund, Los Angeles, California. New York; Tom Malinowski, Human Rights Watch, Washington, D.C.; and Dirk Vandewalle, ELECTRONIC COMMUNICATIONS PRIVACY Dartmouth College, Hanover, New Hampshire. ACT Committee on the Judiciary: Committee concluded a NOMINATIONS hearing to examine the Electronic Communications Committee on Foreign Relations: Committee concluded Privacy Act, focusing on government perspectives on a hearing to examine the nominations of David protecting privacy in the digital age, after receiving Bruce Shear, of New York, to be Ambassador to the testimony from Cameron F. Kerry, General Counsel, Socialist Republic of Vietnam, and Kurt Walter Department of Commerce; and James A. Baker, As- Tong, of Maryland, for the rank of Ambassador dur- sociate Deputy Attorney General, Department of ing his tenure of service as United States Senior Of- Justice. ficial for the Asia-Pacific Economic Cooperation (APEC) Forum, both of the Department of State, NOMINATIONS after the nominees testified and answered questions Committee on Veterans’ Affairs: Committee concluded a in their own behalf. hearing to examine the nominations of Allison A. Hickey, of Virginia, to be Under Secretary for Bene- NOMINATION fits, and Steve L. Muro, of California, to be Under Committee on Homeland Security and Governmental Af- Secretary for Memorial Affairs, both of the Depart- fairs: Committee concluded a hearing to examine the ment of Veterans Affairs, after the nominees testified nomination of Rafael Borras, of Maryland, to be and answered questions in their own behalf. Under Secretary of Homeland Security for Manage- ment, after the nominee, who was introduced by SYNTHETIC CANNABINOIDS AND Senator Akaka, testified and answered questions in STIMULANTS his own behalf. United States Senate Caucus on International Narcotics Control: Caucus concluded a hearing to examine the THE 2010 CENSUS AND PLANNING FOR dangers of synthetic cannabinoids and stimulants, in- 2020 cluding S. 605, to amend the Controlled Substances Committee on Homeland Security and Governmental Af- Act to place synthetic drugs in Schedule I, and S. fairs: Subcommittee on Federal Financial Manage- 409, to ban the sale of certain synthetic drugs, after ment, Government Information, Federal Services, receiving testimony from Joe Rannazzisi, Deputy As- and International Security concluded a hearing to ex- sistant Administrator, Office of Diversion Control, amine the census, focusing on learning lessons from Drug Enforcement Administration; Erica Leary, 2010 and planning for 2020, including preliminary North Coastal Prevention Coalition, Vista, Cali- lessons learned that highlight the need for funda- fornia; and Mike Rozga, Indianola, Iowa.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D06AP1.REC D06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D366 CONGRESSIONAL RECORD — DAILY DIGEST April 6, 2011 House of Representatives Agreed to: Chamber Action McNerney amendment (No. 3 printed in H. Rept. Public Bills and Resolutions Introduced: 29 pub- 112–54) that clarifies that voluntary programs ad- lic bills, H.R. 1380–1408; and 2 resolutions, H.J. dressing climate change classify as exceptions to the Res. 54; and H. Res. 207 were introduced. bill’s prohibitions. Page H2368 Pages H2409–11 Rejected: Additional Cosponsors: Pages H2411–12 Cuellar amendment (No. 4 printed in H. Rept. 112–54) that sought to amend the definition of Reports Filed: Reports were filed today as follows: greenhouse gas, to remove water vapor as a part of H.R. 1232, to amend the Internal Revenue Code the definition, amend the act by striking the re- of 1986 to eliminate certain tax benefits relating to moval of existing EPA findings and rules, and ex- abortion, with an amendment (H. Rept. 112–55) empt all auto standards from the legislation; and Pages H2368–69 H. Res. 206, providing for consideration of the Quigley amendment (No. 7 printed in H. Rept. bill (H.R. 1363) making appropriations for the De- 112–54) that sought to require GAO to report to partment of Defense for the fiscal year ending Sep- Congress the results of a study of health care costs tember 30, 2011, and for other purposes; and in the U.S. as affected by the elimination of EPA waiving a requirement of clause 6(a) of rule XIII regulation under this Act, as compared to health care with respect to consideration of certain resolutions costs in the U.S. as would be affected by the EPA reported from the Committee on Rules (H. Rept. proceeding under their regulating authority as deter- 112–56). Page H2409 mined in Massachusetts v. EPA; Pages H2374–75 Speaker: Read a letter from the Speaker wherein he Jackson Lee (TX) amendment (No. 1 printed in appointed Representative Ellmers to act as Speaker H. Rept. 112–54) that sought to require an EPA pro tempore for today. Page H2329 study to determine the long term impact of a complete ban on their authority to regulate greenhouse Recess: The House recessed at 10:50 a.m. and re- gases (by a recorded vote of 161 ayes to 259 noes, convened at 12 noon. Page H2333 Roll No. 233); Pages H2362–66, H2385–86 Chaplain: The prayer was offered by the guest chap- Jackson Lee (TX) amendment (No. 2 printed in lain, Bishop Henry Fernandez, The Faith Center, H. Rept. 112–54) that sought to insert a new sec- Sunrise, Florida. Page H2334 tion to provide considerations and procedures in fi- Journal: The House agreed to the Speaker’s approval nalizing greenhouse gas regulations (by a recorded of the Journal by a yea-and-nay vote of 321 yeas to vote of 157 ayes to 266 noes, Roll No. 234); 98 nays with 1 voting ‘‘present’’, Roll No. 232. Pages H2366–68, H2386–87 Page H2350 Murphy (CT) amendment (No. 5 printed in H. Rept. 112–54) that sought to clarify that the Agen- Motion to Adjourn: Rejected the Jackson (IL) mo- cy can continue to provide technical assistance to tion to adjourn by a yea-and-nay vote of 36 yeas to states taking action to limit greenhouse gas emis- 367 nays, Roll No. 229. Page H2338 sions (by a recorded vote of 182 ayes to 240 noes, Energy Tax Prevention Act of 2011: The House Roll No. 235); Pages H2369–72, 2387 began consideration of H.R. 910, to amend the Waxman amendment (No. 6 printed in H. Rept. Clean Air Act to prohibit the Administrator of the 112–54) that sought to add a new section with re- Environmental Protection Agency from promul- spect to Congressional Acceptance of Scientific Find- gating any regulation concerning, taking action re- ings: Congress accepts the scientific findings of the lating to, or taking into consideration the emission Environmental Protection Agency that climate of a greenhouse gas to address climate change. Con- changes is occurring, is caused largely by human ac- sideration is expected to resume tomorrow, April tivities, and poses significant risks for public health 7th. Pages H2338–91 and welfare (by a recorded vote of 184 ayes to 240 Pursuant to the rule, the amendment in the na- noes, Roll No. 236); Pages H2372–74, H2387–88 ture of a substitute recommended by the Committee Polis amendment (No. 8 printed in H. Rept. on Energy and Commerce now printed in the bill 112–54) that sought to ensure the EPA Adminis- shall be considered as an original bill for the purpose trator can protect the public health in case of public of amendment under the five-minute rule. health emergency (by a recorded vote of 168 ayes to Page H2361 257 noes, Roll No. 237); Pages H2375–79, H2388–89

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Markey amendment (No. 9 printed in H. Rept. Adjournment: The House met at 10 a.m. and ad- 112–54) that sought to ensure that any prohibition journed at 9:59 p.m. on or limitation to EPA’s Clean Air Act authority contained in the bill would not apply to any action Committee Meetings EPA could take to reduce demand for oil (by a recorded vote of 156 ayes to 266 noes, Roll No. 238); STATE OF THE BEEF INDUSTRY Pages H2379–80, H2389 Committee on Agriculture: Subcommittee on Livestock, Rush amendment (No. 10 printed in H. Rept. Dairy, and Poultry, hearing on the state of the beef 112–54) that sought to prevent the provisions of industry. Testimony was heard from public wit- this act from going into effect until the EPA Ad- nesses. ministrator, in consultation with the Secretary of De- fense, certifies that the consequences of not regu- COMMERCE, JUSTICE, STATE lating greenhouse gas emissions, and its subsequent Committee on Appropriations: Subcommittee on Com- impact on climate change, including the potential to merce, Justice, Science, and Related Agencies held a create sustained natural and humanitarian disasters hearing on the Federal Bureau of Investigations—FY and the ability to likely foster political instability 2012 Budget Request. Testimony was heard from where societal demands exceed the capacity of gov- Robert S. Mueller, Ill, Director, FBI. ernments to cope, do not jeopardize American secu- HOMELAND SECURITY rity interests at home or abroad (by a recorded vote of 165 ayes to 260 noes, Roll No. 239); Committee on Appropriations: Subcommittee on Home- Pages H2380–81, 2389–90 land Security held a hearing on FEMA budget. Tes- Doyle amendment (No. 11 printed in H. Rept. timony was heard from William Craig Fugate, 112–54) that sought to include a study to determine FEMA Administrator. whether regulations of the Environmental Protection LABOR, HEALTH AND HUMAN SERVICES Agency under the Clean Air Act to address climate Committee on Appropriations: Subcommittee on Labor, change, if not repealed or otherwise made unauthor- Health and Human Services, Education and Related ized by section 2 of the bill, would cause greenhouse Agencies held a hearing on National Labor Relations gas leakage and reduce the international competitive- Board—FY 2012. Testimony was heard from Wilma ness of United States producers of energy-intensive B. Liebman, Chairman, National Labor Relations products (by a recorded vote of 173 ayes to 250 Board; and Lafe Solomon, Acting General Counsel. noes, Roll No. 240); and Pages H2382–83, H2390–91 Kind amendment in the nature of a substitute STATE, FOREIGN OPERATIONS (No. 12 printed in H. Rept. 112–54) that sought to Committee on Appropriations: Subcommittee on State, codify the Environmental Protection Agency’s Tai- Foreign Operations and Related Agencies held a loring Rule in order to protect farms, small busi- hearing on FY 2012 Budget Request for the United nesses, and small- and medium-sized stationary Nations and other International Organizations. Tes- sources from greenhouse gas regulation (by a re- timony was heard from Susan Rice, U.S. Ambassador corded vote of 160 ayes to 264 noes, Roll No. 241). to the United Nations. Pages H2383–85, H2391 H. Res. 203, the rule providing for consideration TRANSPORTATION AND HOUSING AND of the bill, was agreed to by a recorded vote of 250 URBAN DEVELOPMENT ayes to 172 noes, Roll No. 231, after the previous Committee on Appropriations: Subcommittee on Trans- question was ordered by a yea-and-nay vote of 266 portation and Housing and Urban Development and yeas to 158 noes, Roll No. 230. Related Agencies held a hearing on Federal Aviation Pages H2338–49, H2349–50 Administration—FY 2012 Oversight & Budget. Meeting Hour: Agreed that when the House ad- Testimony was heard from Randy Babbitt, FAA Ad- journs today, it adjourn to meet at 10 a.m. tomor- ministrator. row, April 7th. Page H2392 FINANCIAL SERVICES AND GENERAL Quorum Calls Votes: Three yea-and-nay votes and GOVERNMENT ten recorded votes developed during the proceedings Committee on Appropriations: Subcommittee on Finan- of today and appear on pages H2338, H2348–49, cial Services and General Government held a hearing H2349–50, H2350, H2385–86, H2386–87, H2387, on the Administrative Office of the U.S. Courts—FY H2387–88, H2388–89, H2389, H2389–90, 2012 Budget. Testimony was heard from Julia S. H2390–91, H2391. There were no quorum calls. Gibbons, Judge; and James C. Duff, Director.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D06AP1.REC D06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D368 CONGRESSIONAL RECORD — DAILY DIGEST April 6, 2011 MILITARY CONSTRUCTION, VETERANS COST OF MEDICAL LIABILITY SYSTEM AFFAIRS PROPOSALS FOR REFORM Committee on Appropriations: Subcommittee on Mili- Committee on Energy and Commerce: Subcommittee on tary Construction, Veterans Affairs, and Related Health held a hearing entitled ‘‘The Cost of the Agencies held a hearing on the Army. Testimony Medical Liability System Proposals for Reform, in- was heard from Katherine Hammack, Assistant Sec- cluding H.R. 5, the Help Efficient, Accessible, Low- retary of the Army for Installations, Environment cost, Timely Healthcare (HEALTH) Act of 2011’’. and Energy; and MG James Boozer, Director of Op- Testimony was heard from public witnesses. erations for U.S. Army Installations Command. MISCELLANEOUS MEASURES FY 2012 BUDGET—NATIONAL DEFENSE Committee on Financial Services: Subcommittee on Cap- Committee on Armed Services: Full Committee held a ital Markets and Government Sponsored Enterprises hearing on the fiscal year 2012 national defense au- continued markup on the following: H.R. 31, the thorization budget requests from the U.S. Pacific Fannie Mae and Freddie Mac Accountability and Command and U.S. Forces Korea. Testimony was Transparency for Taxpayers Act; H.R. 1221, the Eq- heard from Admiral Robert F. Willard, USN, Com- uity in Government Compensation Act of 2011; mander, U.S. Pacific Command; and General Walter H.R. 1222, the GSE Subsidy Elimination Act of (Skip) Sharp, USA, Commander, U.S. Forces Korea. 2011; H.R. 1223, GSE Credit Risk Equitable Treat- ment Act of 2011; H.R. 1224, the Portfolio Risk INFORMATION TECHNOLOGY SYSTEMS— Reduction Act of 2011; H.R. 1225, the GSE Debt DEPARTMENT OF DEFENSE Issuance Approval Act of 2011; H.R. 1226, the GSE Committee on Armed Services: Subcommittee on Emerg- Mission Improvement Act of 2011; and H.R. 1227, ing Threats and Capabilities held a hearing on im- the GSE Risk and Activities Limitation Act of 2011; proving management and acquisition of information 10 a.m., 2128 Rayburn. The following were for- technology systems in the Department of Defense. warded to the full Committee with amendment: Testimony was heard from Elizabeth A. McGrath, H.R. 31; H.R. 1222; H.R. 1223; H.R. 1224; H.R. Deputy Chief Management Officer, Department of 1226; H.R. 1227. The following was forwarded to Defense; and Teresa M. Takai, Acting Assistant Sec- the full Committee, without amendment: H.R. retary of Defense for Networks and Information Inte- 1222; and H.R. 1225. gration and Department of Defense Chief Informa- CONSUMER FINANCIAL PROTECTION tion Officer. BUREAU MISCELLANEOUS MEASURES Committee on Financial Services: Subcommittee on Fi- nancial Institutions and Consumer Credit held a Committee on the Budget: Full Committee held a mark- hearing entitled ‘‘Legislative Proposals to Improve up of the concurrent resolution on the budget for the Structure of the Consumer Financial Protection Fiscal Year 2012. Bureau’’. Testimony was heard from public wit- STREAMLINING FEDERAL EDUCATION nesses. AND WORKFORCE PROGRAMS MISCELLANEOUS MEASURES Committee on Education and the Workforce: Full Com- Committee on Financial Services: Subcommittee on In- mittee held a hearing on ‘‘Streamlining Federal Edu- surance and Housing held a markup of H.R. 1309, cation and Workforce Programs: A Look at the GAO flood insurance reform act of 2011. The bill was for- Report on Government Waste.’’ Testimony was warded to the full Committee with amendments. heard from Gene L. Dodaro, Comptroller General, GAO. AMERICA’S OVERSEAS BROADCASTING Committee on Foreign Affairs: Subcommittee on Over- NUCLEAR POWER PLANT INCIDENT IN sight and Investigations held a hearing on Is Amer- JAPAN ica’s Overseas Broadcasting Undermining our Na- Committee on Energy and Commerce: Subcommittee on tional Interest and the Fight Against Tyrannical Re- Oversight and Investigations held a hearing entitled gimes? Testimony was heard from Jennifer Park ‘‘The U.S. Government Response to the Nuclear Stout, Deputy Assistant Secretary of State, Bureau of Power Plant Incident in Japan’’. Testimony was East Asian and Pacific Affairs, Department of State; heard from Martin J. Virgilio, Deputy Executive Di- Philo L. Dibble, Deputy Assistant Secretary of State, rector, Reactor and Preparedness Programs, Nuclear Bureau of Near Eastern Affairs, Department of State; Regulatory Commission; and public witnesses. and public witnesses.

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D06AP1.REC D06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 6, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D369 FINANCIAL HARDBALL—TERRORISTS AND hearing on Behavioral Science and Security: Evalu- PROLIFERATORS ating TSA’s SPOT Program. Testimony was heard Committee on Foreign Affairs: Subcommittee on Ter- from Stephen Lord, Director, Homeland Security and rorism, Nonproliferation and Trade held a hearing Justice Issues, GAO; Larry Willis, Program Man- on Financial Hardball: Corralling Terrorists and ager, Homeland Security Advanced Research Projects Proliferators. Testimony was heard from public wit- Agency, Science and Technology Directorate, De- nesses. partment of Homeland Security; and public witnesses. UNREST IN THE MIDDLE EAST AND NORTH AFRICA OFFSHORE DRILLING SAFETY AND RESPONSE TECHNOLOGIES Committee on Homeland Security: Subcommittee on Counterterrorism and Intelligence held a hearing en- Committee on Science, Space, and Technology: Sub- titled ‘‘Unrest in the Middle East and North Africa: committee on Energy and Environment held a hear- Ramifications for U.S. Homeland Security.’’ Testi- ing on Offshore Drilling Safety and Response Tech- mony was heard from public witnesses. nologies. Testimony was heard from Victor Der, Acting Assistant Secretary for Fossil Energy, Depart- ONLINE COMMERCE ment of Energy; and public witnesses. Committee on the Judiciary: Subcommittee on Intellec- FREE TRADE AGREEMENTS AND SMALL tual Property, Competition and the Internet held a BUSINESSES hearing on Promoting Investment and Protecting Commerce Online: Legitimate Sites v. Parasites, Part Committee on Small Business: Full Committee held a II. Testimony was heard from John Morton, Direc- hearing entitled ‘‘Help Wanted: How Passing Free tor, Immigration and Customs Enforcement; and Trade Agreements Will Help Small Businesses Cre- public witnesses. ate New Jobs’’. Testimony was heard from public witnesses. MISCELLANEOUS MEASURES BRAC AND OFFICE SPACE Committee on Natural Resources: Subcommittee on En- ergy and Mineral Resources held a hearing on H.R. Committee on Transportation and Infrastructure: Sub- 1229, to amend the Outer Continental Shelf Lands committee on Economic Development, Public Build- Act to facilitate the safe and timely production of ings, and Emergency Management held a hearing on American energy resources from the Gulf of Mexico; Can a Civilian BRAC Commission Consolidate Fed- H.R. 1230, Restarting American Offshore Leasing eral Office Space and Save Taxpayers Billions? Testi- Now Act; and H.R. 1231, to amend the Outer Con- mony was heard from Daniel I. Werfel, Controller, tinental Shelf Lands Act to require that each 5-year OMB; Martha Johnson, Administrator, GSA; David offshore oil and gas leasing program offer leasing in J. Wise, Director, Physical Infrastructure Team, the areas with the most prospective oil and gas re- GAO; Brian Lepore, Director, Defense Capabilities sources, to establish a domestic oil and natural gas and Management Issues, GAO; and Anthony J. production goal, and for other purposes, 10 a.m., Principi, Former Secretary, Department of Veterans 1324 Longworth. Testimony was heard from Doug Affairs, Chairman, 2005 Defense Base Realignment Domenech, Secretary of Natural Resources of Vir- and Closure Commission. ginia; and public witnesses. DEPARTMENT OF DEFENSE AND FURTHER IMPACT OF GREENHOUSE GAS ADDITIONAL CONTINUING REGULATIONS ON SMALL BUSINESS APPROPRIATIONS ACT, 2011 Committee on Oversight and Government Reform: Sub- Committee on Rules: Granted, by voice vote, a closed committee on Regulatory Affairs, Stimulus Over- rule providing one hour of debate equally divided sight and Government held a hearing entitled ‘‘As- and controlled by the chair and ranking minority sessing the Impact of Greenhouse Gas Regulations member of the Committee on Appropriations. The on Small Business’’. Testimony was heard from Gina rule waives all points of order against consideration McCarthy, Assistant Administrator, Office of Air of the bill. The rule provides that the bill shall be and Radiation, EPA: Claudia Rodgers, Deputy Chief considered as read. The rule waives all points of Counsel, Office of Advocacy, Small Business Admin- order against provisions in the bill. The rule pro- istration; and public witnesses. vides one motion to recommit. Finally, the rule waives clause 6(a) of Rule XIII (requiring a two- TSA’S SPOT PROGRAM thirds vote to consider a rule on the same day it is Committee on Science, Space, and Technology: Sub- reported from the Rules Committee) against any res- committee on Investigations and Oversight held a olution reported before April 11, 2011, providing

VerDate Mar 15 2010 01:04 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D06AP1.REC D06AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D370 CONGRESSIONAL RECORD — DAILY DIGEST April 6, 2011 for consideration or disposition of a measure making waiians and to provide a process for the recognition by or continuing appropriations for the fiscal year end- the United States of the Native Hawaiian governing enti- ing September 30, 2011. Testimony was heard from ty, and S. 676, to amend the Act of June 18, 1934, to Chairman Rogers of Kentucky, Representatives reaffirm the authority of the Secretary of the Interior to Dicks and Norton. take land into trust for Indian tribes; to be immediately followed by an oversight hearing to examine the role of SBA 8(a) Program in enhancing economic development in Joint Meetings Indian Country, 2:15 p.m., SD–628. No joint committee meetings were held. Committee on the Judiciary: Business meeting to consider f S. 410, to provide for media coverage of Federal court proceedings, S. 627, to establish the Commission on Free- COMMITTEE MEETINGS FOR THURSDAY, dom of Information Act Processing Delays, S. 394, to APRIL 7, 2011 amend the Sherman Act to make oil-producing and exporting cartels illegal, and the nominations of Goodwin (Committee meetings are open unless otherwise indicated) Liu, of California, to be United States Circuit Judge for the Ninth Circuit, Esther Salas, to be United States Dis- Senate trict Judge for the District of New Jersey, J. Paul Oetken, and Paul A. Engelmayer, both to be United Committee on Appropriations: Subcommittee on Transpor- States District Judge for the Southern District of New tation and Housing and Urban Development, and Related York, and Ramona Villagomez Manglona, to be Judge for Agencies, to hold hearings to examine an overview of the the District Court for the Northern Mariana Islands, 10 Federal Housing Administration and the future of hous- a.m., SD–226. ing finance, 9:30 a.m., SD–138. Select Committee on Intelligence: To hold closed hearings Subcommittee on Commerce, Justice, Science, and Re- to examine certain intelligence matters, 2:30 p.m., lated Agencies, to hold hearings to examine proposed SH–219. budget estimates for fiscal year 2012 for the Federal Bu- reau of Investigation; to be followed by a closed session House Committees in SH–219 at approximately 11:15 a.m, 10 a.m., SD–192. Committee on Agriculture, Subcommittee on Rural Devel- Subcommittee on Military Construction and Veterans opment, Research, Biotechnology, and Foreign Agri- Affairs, and Related Agencies, to hold hearings to exam- culture, hearing to review market promotion programs ine proposed budget estimates for fiscal year 2012 for the and their effectiveness on expanding exports of U.S. agri- Department of Defense and the Department of Navy, 2 cultural products, 9:30 a.m., 1300 Longworth. p.m., SD–124. Committee on Appropriations, Subcommittee on Com- Committee on Armed Services: To hold hearings to exam- merce, Justice, Science, and Related Agencies, hearing on ine U.S. Transportation Command and U.S. Africa Com- National Institute of Standards and Technology—FY mand in review of the Defense Authorization request for 2012 Budget Request, 10 a.m., H–309 Capitol. fiscal year 2012 and the Future Years Defense Program; Subcommittee on Labor, Health and Human Services, with the possibility of a closed session in SVC–217 fol- Education and Related Agencies, hearing on DOL Job lowing the open session, 9:30 a.m., SD–106. Training Programs, 10 a.m., 2358–C Rayburn. Committee on Energy and Natural Resources: To hold hear- Subcommittee on Military Construction, Veterans Af- ings to examine Department of Energy biofuel programs fairs, and Related Agencies, hearing on Air Force Posture, and biofuel infrastructure issues, including S. 187, to pro- 10 a.m., H–140 Capitol. vide for the expansion of the biofuels market, 9:30 a.m., Subcommittee on Transportation and Housing and SD–366. Urban Development and Related Agencies, hearing on Committee on Finance: To hold hearings to examine the Amtrak—FY 2012 Oversight & Budget, 10 a.m., 2358 nominations of David S. Cohen, of Maryland, to be Rayburn. Under Secretary for Terrorism and Financial Crimes, and Committee on Armed Services, Subcommittee on Readi- Jenni Rane LeCompte, of the District of Columbia, to be ness, hearing on Sustaining the Force: Challenges to Assistant Secretary, both of the Department of the Treas- Readiness, 10:30 a.m., 2212 Rayburn. ury, 10 a.m., SD–215. Full Committee, hearing on repeal of law and policies Committee on Foreign Relations: Subcommittee on East governing service by openly gay and lesbian service mem- Asian and Pacific Affairs, to hold hearings to examine bers, 1 p.m., 2118 Rayburn. combating human trafficking in Asia, 2:15 p.m., Committee on Education and the Workforce, Full Com- SD–419. mittee, hearing on Education Reforms: Promoting Flexi- Committee on Homeland Security and Governmental Affairs: bility and Innovation, 10 a.m., 2175 Rayburn. To hold hearings to examine securing the border, focus- Committee on Energy and Commerce, Subcommittee on En- ing on progress at the local level, 2:30 p.m., SD–342. ergy and Power, hearing on the American Energy Initia- Committee on Indian Affairs: Business meeting to con- tive, focusing on discussion draft legislation of the sider S. 675, to express the policy of the United States ‘‘Transparency in Regulatory Analysis of Impacts on the regarding the United States relationship with Native Ha- Nation Act of 2011’’, 1 p.m., 2322 Rayburn.

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Subcommittee on Commerce, Manufacturing, and ernmental Relations and Procurement Reform, hearing Trade, hearing on discussion draft legislation to revise the entitled ‘‘Regulatory Barriers to American Indian Job Consumer Product Safety Improvement Act, 10 a.m., Creation’’, 1:30 p.m., 2154 Rayburn. 2123 Rayburn. Committee on Rules, Hearing on H.R. 3, the No Tax- Committee on Financial Services, Subcommittee on Do- payer Funding for Abortion Act, 3 p.m., H–313 Capitol. mestic Monetary Policy and Technology, hearing entitled Hearing on H.R. 1363, the Department of Defense ‘‘Bullion Coin Programs of the United States Mint: Can and Further Additional Continuing Appropriations Act, They Be Improved?’’ 10 a.m., 2128 Rayburn. 2011, 5:40 p.m., H–313 Capitol. Committee on Foreign Affairs, Full Committee, hearing Committee on Science, Space, and Technology, Subcommittee on Reforming the United Nations: The Future of U.S. on Technology and Innovation, hearing on Are We Pre- Policy, 10 a.m., 2172 Rayburn. pared? Assessing Earthquake Risk Reduction in the Committee on Homeland Security, Subcommittee on Trans- portation Security, hearing entitled ‘‘Strengthening Inter- United States, 10 a.m., 2318 Rayburn. Testimony was national Cooperation on Aviation Security’’, 10 a.m., 311 heard from public witnesses. Cannon. Committee on Small Business, Subcommittee on Committee on the Judiciary, Subcommittee on Energy and Healthcare and Technology, hearing entitled ‘‘The Cre- Mineral Resources, hearing entitled ‘‘Effect of the Presi- ating Jobs Through Small Business Innovation Act of dent’s FY–2012 Budget and Legislative Proposals for the 2011.’’ 10 a.m., 2360 Rayburn. Office of Surface Mining on Private Sector Job Creation, Committee on Transportation and Infrastructure, Sub- Domestic Energy Production, State Programs and Deficit committee on Railroads, Pipelines, and Hazardous Mate- Reduction.’’ 10 a.m., 1324 Longworth. rials, hearing on Railroad and Hazardous Materials Trans- Subcommittee on Fisheries, Wildlife, Oceans, and In- portation Programs: Reforms and Improvements to Re- sular Affairs, hearing on the following: H.R. 306, Corolla duce Regulatory Burdens, 9 a.m., 2167 Rayburn. Wild Horses Protection Act; H.R. 588, to redesignate Committee on Ways and Means, Subcommittee on Trade, the Noxubee National Wildlife Refuge as the Sam D. hearing on the pending trade agreement with South Hamilton Noxubee National Wildlife Refuge; S. 266, to Korea, 10 a.m., 1100 Longworth. redesignate the Noxubee National Wildlife Refuge as the House Permanent Select Committee on Intelligence, Full Sam D. Hamilton Noxubee National Wildlife Refuge; Committee, hearing on National Reconnaissance Program H.R. 258, Chesapeake Bay Accountability and Recovery and National Geospatial Program FY 2012 Budget Over- Act of 2011. 10 a.m., 1334 Longworth. view, 10 a.m., HVC–304 Capitol. This is a closed hear- Committee on Oversight and Government Reform, Sub- ing. committee on Technology, Information Policy, Intergov-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, April 7 10 a.m., Thursday, April 7

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: Complete consideration of H.R. morning business. 910—Energy Tax Prevention Act of 2011. Consideration of H.R. 1363—Department of Defense and Further Addi- tional Continuing Appropriations Act, 2011 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Guthrie, Brett, Ky., E646 Reed, Tom, N.Y., E651 Johnson, Sam, Tex., E645, E646, E646, E647, E648, Ribble, Reid J., Wisc., E653 Austria, Steve, Ohio, E645, E650, E654 E650, E651, E652, E653, E654 Rokita, Todd, Ind., E648 Bishop, Timothy H., N.Y., E651 Kind, Ron, Wisc., E646, E647 Shuster, Bill, Pa., E650 Clyburn, James E., S.C., E649 Loebsack, David, Iowa, E650 Thompson, Mike, Calif., E649 Coffman, Mike, Colo., E645, E653 Lowey, Nita M., N.Y., E648 Van Hollen, Chris, Md., E647 Cohen, Steve, Tenn., E654 Markey, Edward J., Mass., E652 Weiner, Anthony D., N.Y., E646 Davis, Geoff, Ky., E655 Miller, Jeff, Fla., E651 Welch, Peter, Vt., E647 Filner, Bob, Calif., E653 Pence, Mike, Ind., E655 Woodall, Rob, Ga., E655

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