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

SENATE—Wednesday, December 7, 2011

The Senate met at 11:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- day and the hundreds of thousands called to order by the Honorable BRAND, a Senator from the State of New more who made the ultimate sacrifice KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. during World War II. These service- the State of New York. DANIEL K. INOUYE, members are heroes. They set a fine ex- President pro tempore. ample for the men and women who pro- PRAYER Mrs. GILLIBRAND thereupon as- tect our freedoms today, and none of us sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- will ever forget their courage. pro tempore. fered the following prayer: Let us pray. f f O mighty God, our hope for years to RECOGNITION OF THE MAJORITY PAYROLL TAX CUT come, thank You for giving us this day LEADER to use for Your glory. From the morn- Mr. REID. Madam President, the Re- ing Sun until the going down of the The ACTING PRESIDENT pro tem- publicans like to claim they are the same, Your blessings provide us with pore. The majority leader is recog- party of the tax cuts, but as Democrats confidence that our future is brighter nized. propose more tax relief—we propose it than our past. f every day for working families—Repub- Today, as we remember Pearl Harbor licans every day are showing their true SCHEDULE and a day of infamy, we praise You for colors. They only support tax cuts that giving so generously to this Nation. Mr. REID. Madam President, fol- benefit the rich. Lord, You shower us with blessings lowing leader remarks, the Senate will Speaker BOEHNER and Senator without regard to our worthiness or be in a period of morning business, MCCONNELL say they agree with Demo- importance. As we respond to Your with Republicans controlling the first crats, that we should prevent a $1,000 blessings, infuse our lawmakers with a 30 minutes and the majority the second tax hike on middle-class families. A spirit of hope and purpose that they 30 minutes. person running for President, Mitt may do Your will in these challenging As a reminder to all Senators, clo- Romney, agrees that we should extend times. May Your spirit sustain them as ture has been filed on the Cordray the payroll tax cut. The former Speak- they labor so that justice will roll nomination. That vote is expected to- er who is running for President, Newt down like waters and righteousness morrow morning. Gingrich, says we should extend the like a mighty stream. f payroll tax cut. But it has become Amen. clear that the caucus, led by the PEARL HARBOR f Speaker and by the Republican lead- Mr. REID. Madam President, 70 years er—that those they lead don’t seem to PLEDGE OF ALLEGIANCE ago today the attack on Pearl Harbor be following them. Tea party Repub- The Honorable KIRSTEN E. GILLI- changed our country forever. It also licans oppose our plan to cut taxes for BRAND, a Senator from the State of hardened our resolve to become a bet- nearly every American family. But Re- New York, led the Pledge of Alle- ter, stronger nation, and that we have publican leaders recognize that taking giance, as follows: become. $1,000 out of middle-class pockets dur- I pledge allegiance to the Flag of the An example is the USS Nevada, a ing these hard times is political sui- United States of America, and to the Repub- great battleship that epitomizes the re- cide. lic for which it stands, one nation under God, siliency of our country. While in the There are papers all over the coun- indivisible, with liberty and justice for all. port of Oahu on December 7, 1941, the try, but take this one as an example. f battleship Nevada was hit by many ‘‘GOP Is Split On Payroll Tax Cut. Ob- APPOINTMENT OF ACTING bombs and a torpedo. Sixty American jections To Surtax On Rich.’’ Remem- PRESIDENT PRO TEMPORE sailors died. Less than a year later, ber, the surtax is on the second million that great battleship returned to serv- The PRESIDING OFFICER. The dollars that people make. On the first ice and served valiantly for our coun- clerk will please read a communication million dollars, not a penny. On the try during World War II. to the Senate from the President pro second million dollars, the bill that we Today we honor the living Pearl Har- are going to vote on—probably Friday tempore (Mr. INOUYE). bor veterans for their courage and sac- The legislative clerk read the fol- here, maybe Thursday—has a surtax rifice. Here in the Senate we refer to lowing letter: for people’s second million dollars of our Medal of Honor winner DAN income of less than 2 percent. U.S. SENATE, INOUYE, and Senator AKAKA, and FRANK The headlines go on to say ‘‘Opposi- PRESIDENT PRO TEMPORE, Washington, DC, December 7, 2011. LAUTENBERG. All three served in World tion Could Give Obama a 2012 Issue.’’ To the Senate: War II. Obama doesn’t need a 2012 issue. Mid- Under the provisions of rule I, paragraph 3, We also remember the nearly 2,400 dle-class Americans do not need a tax of the Standing Rules of the Senate, I hereby Americans who lost their lives that increase. That is what this is all about.

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

19053 VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19054 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 It is very clear that there is a bitter Americans vulnerable to scams and rip- checks, screenings, and a checkup. division in the House with House Re- offs that are going on as we speak and More than 24 million seniors this year publicans. As you know, they were sup- have gone on in the past. It is shameful got free physicals because of health posed to send us a bill today—or was it that Republicans would leave con- care reform. That is progress of which yesterday? They finally acknowledged sumers in the dark about the risk they America can be proud. face when making financial decisions, late yesterday they could not send us f anything. They cannot get an agree- and they are doing it only to try to ment even among the Republicans. change a law that is the law of this RECOGNITION OF THE MINORITY They don’t reach out to the Democrats land. LEADER at all. They want to do it with a major- f The ACTING PRESIDENT pro tem- ity of the majority, and they cannot AFFORDABLE CARE ACT pore. The Republican leader is recog- get anything done. nized. So it seems to me, faced with this re- Mr. REID. Finally, my first elected bellion in the two caucuses, Republican job, many years ago, was to an organi- f zation called the Southern Nevada Me- leaders have two options: They can PEARL HARBOR work with us to forge a compromise morial Hospital. It was the largest hos- Mr. MCCONNELL. Madam President, that will pass or they can move even pital in the State. It was the largest as the majority leader has noted, today further to the right to appease the tea hospital district. People ran at-large is the 70th anniversary of the Japanese party, because that is what this is all from Clark County, the Las Vegas attack on Pearl Harbor. I have cer- about. As we have seen before, when area, and I was elected to that. It was tainly had the opportunity, and many faced with a choice between the middle my first elected job. When I took that Members of the Senate may have as class and the tea party, Republicans job, there was no Medicare. In that well, of visiting World War II era vet- will choose the tea party every time. hospital, when someone came who was erans when they come to Washington We have seen before, when faced with a old and did not have money, someone on what are called the honor flights, choice between the middle class and had to sign for them—a husband, a where veterans groups raise the funds the richest of the rich, the Republicans wife, father, mother, brother, sister, to get these World War II vets up here choose the richest of the rich. neighbor; someone signed. If that per- son did not pay after agreeing to pay, to see the World War II Memorial. It is f we had a large collection agency and a great inspiration to see these mem- CONSUMER FINANCIAL we would go after those people. It was bers of the ‘‘greatest generation’’ who, PROTECTION BUREAU very difficult sometimes to collect that indeed, saved America during World Mr. REID. Madam President, tomor- money, difficult in the sense it was War II. row the Senate will vote on whether to hard to do, but, more importantly, it I remember in particular talking to move forward with confirmation of was difficult to do because you hated an elderly gentleman—obviously they Richard Cordray, the nominee to head to go after people to pay these large are all elderly at this point—who was the Consumer Financial Protection Bu- hospital and doctor bills. at Pearl Harbor that day, and his de- reau, which is part of the Dodd-Frank Medicare came into being before I scribing the horror of the experience. left my job. It changed. Prior to Medi- bill. So whether these World War II vet- The one thing that came out of that care, 40 percent of the seniors who erans served in Pearl Harbor or in Eu- legislation—and certainly we under- came into that hospital had no insur- rope or in the Pacific theatre, we cer- stood with the financial meltdown that ance, and that is where they had to tainly remember their extraordinary look to their friends and neighbors and took place on Wall Street—is the banks contribution to saving this country, relatives to take care of that bill. need more control, not less. We also and today in particular. Today, after Medicare is the law of the learned during that long debate that For our parents’ generation, they al- land, virtually every senior citizen has the American consumer had no protec- ways remembered exactly where they the ability to go into a hospital any- tion whatsoever. The legislation we were when they heard about the at- place in America. tack. For most of us, we remember ex- passed created the Consumer Financial For all of these many years, going on Protection Bureau. actly where we were when we heard five decades, Medicare has been im- about the Kennedy assassination, that My Republican colleagues have sig- proving and extending the lives of sen- naled they are going to block Cordray’s moment that is seared in your memory iors. The Affordable Care Act, legisla- of some extraordinary event; and, of nomination but not because he is un- tion that my Republican colleagues qualified. You would think that if course, for younger people, the 9/11 at- tend to denigrate, Obamacare—let’s tack. Everybody remembers exactly someone wanted to vote against him, it talk a little bit about Obamacare would be because he is too liberal, he is where they were, and millions of Amer- today, the Affordable Care Act. icans saw the second plane go into the too conservative, he is too rich, he is One thing that bill did is it extended second building in real time. But today too poor, he doesn’t have the proper the life of Medicare for 12 years. Medi- we remember the attack, and we ex- education, whatever you could come up care would stay strong for future gen- press our admiration and respect for with to find justification for voting erations and for retirees. That is one the ‘‘greatest generation.’’ against this man. That is not what reason we passed that legislation. they have done. For the first time I can Health care reform today is helping f ever remember—and my staff did re- seniors by beginning to close the KEYSTONE XL PIPELINE search on this last night—for the first doughnut hole, the infamous doughnut time in Senate history the Republicans hole for prescription drugs for seniors. Mr. MCCONNELL. Madam President, are poised to block a qualified nominee This year; that is, 2011, because of the today the President welcomes Cana- solely because they don’t like the Fed- legislation we passed, Obamacare, dian Prime Minister Stephen Harper to eral agency he will lead. more than 2.5 million Medicare recipi- the White House, and I would like to The Senate Republicans have no ents, including thousands of Nevadans, take the opportunity to say that I hope problem with Mr. Cordray. He has bi- saved about $600 each on prescription the Prime Minister is able to convince partisan support and a long history of drugs. That amounts to about $1.6 bil- President Obama to reverse his recent fighting unfair practices by financial lion, thanks to this legislation. For decision to delay the Keystone XL predators. Instead, Republicans are some seniors on fixed incomes, those Pipeline. trying to cripple the new consumer savings prevented difficult choices be- The President has said repeatedly agency altogether by depriving it of a tween literally food and medicine. that jobs are his top priority. He says director. Their attempts to hamstring We also had a provision in that legis- he wakes up every morning thinking the consumer watchdog will leave lation that people could get wellness about how he can create jobs. Yet here

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I have already described I have a question: How is it that happy, he is even willing to go against the spin-off benefits—the other jobs when it comes to taxpayer-subsidized the labor unions that, by the way, are that would be created as a result of it. jobs that may or may not materialize, enthusiastically in favor of beginning Senator BAUCUS—right here in the the President tells us we can’t wait, we this project right now. Senate—Senator BAUCUS said: have to do it tomorrow, but when it What have they had to say about it? We need to put Montanans back to work comes to private sector jobs that are Well, the Teamsters put it this way: and cannot afford further delays to the Key- ready to go immediately, he is in no The Keystone Pipeline project will offer stone XL pipeline. rush? It doesn’t make any sense, par- working men and women a real chance to Senator TESTER said: ticularly when we look at some of the earn a good wage and support their families It should not have to wait 14 months for an President’s past statements. in this difficult economic climate. up-or-down decision. Here are a couple of examples. Presi- That is Jimmy Hoffa. The Montana Senators have it right. dent Obama said earlier this year: The AFL–CIO: Americans can’t wait for the next elec- For those—just to give a background to For America’s skilled craft construction tion. They want their jobs now—right folks, there are these tar sands in Canada professionals, any discussion of the Keystone now. that can produce oil. There is talk about XL project begins and ends with one word: So it is my hope that Prime Minister building a pipeline into the United States to JOBS. import that oil. Harper is able to convince the Presi- The AFL–CIO further said: dent to change his mind. This is the President. He said: As many as 500,000 indirect jobs via a Congressional Republicans and I will make this general point, which is strong economic multiplier effect . . . with- Democrats stand ready to move for- that, first of all, importing oil from coun- out one single dollar of government assist- ward on this project. We are prepared tries that are stable and friendly is a good ance. thing. to do all within our means to get the Isn’t this what we are looking for? It Keystone XL Pipeline approved. There That is the President, and I agree doesn’t cost the government anything. is literally no time for delay. with him. It creates jobs immediately. This is The ACTING PRESIDENT pro tem- The President also said earlier this what we are looking for. pore. The majority leader. year—a statement of the obvious: The Brotherhood of Electrical Work- Mr. REID. I ask that we now move to We’re still going to have to import some ers: morning business. oil. At a time when jobs are the top global pri- f Boy, are we. ority, the Keystone project will put thou- And when it comes to the oil we import sands back to work and have ripple benefits RESERVATION OF LEADER TIME from other nations, obviously we’ve got to throughout the North American economy. The ACTING PRESIDENT pro tem- look at neighbors like Canada and Mexico Laborers’ International Union of pore. Under the previous order, the that are stable and steady and reliable North America had this to say: This is leadership time is reserved. sources. ‘‘not just a pipeline, but is a lifeline’’— f That was the President earlier this not just a pipeline, but a lifeline—‘‘for year. thousands of desperate working men MORNING BUSINESS So the President has correctly said, and women.’’ The ACTING PRESIDENT pro tem- in my view, that he favors importing So what do we have here? We have a pore. Under the previous order, there oil from allies and neighbors. Here is a privately funded project that labor will now be a period of morning busi- project that would enable us to do that leaders are saying their members want ness with Senators permitted to speak and do a lot more of it and create thou- up and running. But the President says therein for up to 10 minutes each, with sands of jobs in the process. What is this one can wait. Despite what he has the first hour equally divided and con- the problem? said about importing oil from allies, trolled between the two leaders or Last Friday, Americans woke up to despite what the labor unions say, the their designees, with the Republicans the news that for the 34th month in a President wants to delay these jobs controlling the first 30 minutes and the row, the unemployment rate in this until after his election. majority controlling the next 30 min- country has stood above 8 percent—a It is not just the unions and the Re- utes. period of joblessness not seen since the publicans who are asking for this f Great Depression. The least they can project to move forward. Let’s take a expect from Washington is that we will look at what some of the Democrats in MIDDLE CLASS TAX CUT ACT OF not stand in the way of people who Congress have said about it. There was 2011—MOTION TO PROCEED want to hire. Yet that is exactly what a letter from 22 House Democrats to Mr. REID. Madam President, I now they are getting from this President President Obama on October 19 of this move to proceed to Calendar No. 251, S. when it comes to this pipeline. This year, and I will just read a few ex- 1944. project has been under review for cerpts: ‘‘America truly cannot afford to The ACTING PRESIDENT pro tem- years—3 years—including two exhaus- say no.’’ pore. The clerk will report the motion. tive environmental evaluations. By all Further in the letter: The assistant legislative clerk read accounts, the State Department was Mr. President, America needs the Keystone as follows: ready to give it the green light by the XL Pipeline. Motion to proceed to the bill (S. 1944) to end of this year—this month. Further in the letter: create jobs by providing payroll tax relief for What happened? Well, it appears middle class families and businesses, and for The Department of State’s Final Environ- other purposes. Presidential politics got in the way. mental Impact Statement reaffirmed the The President started getting heat findings of the two previous environmental CLOTURE MOTION from the environmental activists he is impact statements, namely, that the Key- Mr. REID. I have a cloture motion at counting on to stuff envelopes next stone XL Pipeline will have no significant the desk. year, so he conveniently put off the de- impact on the environment. The ACTING PRESIDENT pro tem- cision until right after next year’s elec- Further in this letter from the 22 pore. The cloture motion having been tion. Democrats to the President they said: presented under rule XXII, the Chair So if this episode tells us anything, it This represents a true shovel-ready project directs the clerk to read the motion. is that the President is clearly more that would directly create 20,000 high quality The assistant legislative clerk read concerned about getting himself re- domestic manufacturing and construction as follows:

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00005 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19056 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 CLOTURE MOTION This blue line shows the route of the to the leader’s comment and his ques- We, the undersigned Senators, in accord- Keystone XL Pipeline. This red line tion. The leader is absolutely right. ance with the provisions of rule XXII of the shows an existing pipeline, the Key- The people of Nebraska, through their Standing Rules of the Senate, do hereby stone Pipeline, which was built very re- elected officials, have worked with the move to bring to a close debate on the mo- cently by TransCanada. It provides al- company building this pipeline in that tion to proceed to Calendar No. 251, S. 1944, a bill to create jobs by providing payroll tax most 600,000 barrels a day of crude to they have resolved their differences. relief for middle class families and busi- the United States. The Keystone XL The reason I support this legislation nesses, and for other purposes: Pipeline would provide more than and have decided to be a cosponsor of Harry Reid, Robert P. Casey, Jr., Richard 700,000 barrels a day of crude oil to our the legislation is that this legislation J. Durbin, Charles E. Schumer, Carl refineries. In addition, it will also haul respects the Nebraska process. It says Levin, Debbie Stabenow, Kent Conrad, domestic crude from States such as there will be a process in Nebraska Joseph I. Lieberman, Dianne Feinstein, North Dakota and Montana. where we will site the pipeline in the Jeff Bingaman, Tim Johnson, Daniel K. It will put 100,000 barrels a day of our best place. This legislation says that is Inouye, John F. Kerry, Max Baucus, own light, sweet, domestic crude into fine. But what this legislation also ac- Daniel K. Akaka, Richard Blumenthal, Kirsten E. Gillibrand. the pipeline to bring it down for our knowledges is, on the entire rest of the needs in the country. It will also bring pipeline outside of the State of Ne- Mr. REID. I ask unanimous consent oil from places such as Cushing, OK, braska, this is ready to be built today. that the mandatory quorum under rule where we currently have backlogs to The President of the United States XXII be waived. The ACTING PRESIDENT pro tem- the refineries, as well. So it is also has had 3 years of background study pore. Without objection, it is so or- about moving oil within our country as and extensive environmental study, as dered. well as bringing Canadian crude to the the leader has pointed out, and nothing United States and to our refineries. is going to change outside of the State f I mentioned it is a job creation bill. of Nebraska. So work can begin today. MORNING BUSINESS As our leader said just a minute ago, There is just one person holding up Mr. REID. I ask unanimous consent just the construction alone will put that work. That is the President of the that we resume morning business 20,000 workers on the job—20,000 work- United States. With the stroke of a under the previous order; further, that ers on the job—just constructing the pen, he can turn this project loose. It morning business be extended until 6 pipeline. The Perryman Group out of will respect what is going on in Ne- p.m. this evening with Senators per- Waco, TX, has indicated more than braska. Workers can be hired, the pipe- mitted to speak for up to 10 minutes 250,000 jobs. It is a huge job creator. line can be built, and those jobs can be each. I yield to our leader, Senator MCCON- literally provided today. The ACTING PRESIDENT pro tem- NELL. So I support this legislation. I am pore. Without objection, it is so or- Mr. MCCONNELL. If the Senator will proud to be here this morning to say dered. yield on that point, it is my under- that and to thank the Senator from The Senator from North Dakota. standing, and is it not correct, that North Dakota, the minority leader, and Mr. HOEVEN. Madam President, I these are not jobs sometime in the fu- all others who have worked with us to ask unanimous consent to enter into a ture but these are, in fact, jobs that solve this problem. The problem is colloquy with my Republican col- just as soon as the President would solved. We are ready to create the jobs. leagues during our morning business sign off on this, this project is ready to It is my hope the President will an- time. go. We don’t have to borrow any—the nounce that he is ready to proceed to The ACTING PRESIDENT pro tem- government doesn’t have to borrow any create these jobs for American work- pore. Without objection, it is so or- money and they don’t have to try to ers. dered. stimulate anything. This is a project, Mr. MCCONNELL. Could I ask one f as I understand it, I would ask my further question of either or both of friend from North Dakota, that is lit- the Senators—and Senator ISAKSON as NORTH AMERICAN ENERGY erally shovel ready and will not cost well. SECURITY ACT the government a penny? I understand there is a suggestion Mr. HOEVEN. Madam President, I Mr. HOEVEN. This is a project that that there may be political concerns on rise this morning to discuss the North is absolutely ready to go and will not the President’s part, and we all know American Energy Security Act in a cost the Federal Government one that most environmental groups are colloquy with my colleagues. Joining penny. It puts 20,000 workers on the job very much on the Democratic side. But me will be our leader, Senator MITCH right away. is it not the case that there are a num- MCCONNELL of Kentucky, Senator KAY The hurdle was the route through Ne- ber of unions in the country—most of BAILEY HUTCHISON of Texas, Senator braska, but we have now worked with which, certainly, do not support Re- JOHNNY ISAKSON from the great State the State of Nebraska. They have had a publicans anywhere I know—that also of Georgia, Senator MIKE JOHANNS special session. They have set up a feel passionately about this issue and from Nebraska, and Senator JIM process to clear that part of the route. would like to get to work? Is that not INHOFE of Oklahoma. We are here to Our legislation says within 60 days the case? discuss a very solutions-oriented piece after passage of this bill the route is Mr. HOEVEN. I ask Senator of legislation. It is about creating jobs. deemed approved. That is after 3 years JOHANNS, would he like to respond? It is about creating energy security for of process through the EPA. Mr. JOHANNS. I have worked on this our Nation. It is about good environ- So we are ready to go. We have ad- issue for a number of months—actu- mental stewardship. It is about all of dressed the issues. We can put these ally, a couple of years. Here is the situ- these things and more. people on the job now if we can get the ation: Unions are ready to go to work. We want to take this opportunity to Presidential approval. I talk to the locals in Nebraska on a discuss the legislation and encourage— Mr. MCCONNELL. In fact, I would regular basis, and they talk about un- to urge—our fellow colleagues to join say to my friend, the Senator from Ne- employment numbers that are stag- with us to create jobs and opportunity braska is on the Senate floor with us gering, in the double-digits, which, in for the American people. In a nutshell, right now. He could further underscore our State, is remarkable because we this legislation clears the way for the that the people of Nebraska, having have an unemployment rate of 4.2 per- Keystone XL Pipeline, which is a 1,700- now satisfied the concern they had ear- cent. mile pipeline that will run from Al- lier about location, seem to be ready to The unions are ready to go to work, berta, Canada, all the way down to the go. bringing their skills and their talents gulf coast region of the country, down Mr. JOHANNS. Madam President, I to bear. The leader’s observation is ab- to the refineries in the United States. appreciate the opportunity to respond solutely right.

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Here is his quote: Canadian energy markets and participated in unions, are saying: Create the jobs. My mission to China is clear. I have come a joint Canada-B.C. event with Canadian and There is already a pipeline. Let’s go to raise awareness of the strength of Can- Chinese industry officials to promote exports out there and do this in the most envi- ada’s natural resource sectors—as both an to China. ronmentally sensitive way we possibly outstanding source of quality products and Minister Oliver met with Vice Chair Zhang an attractive destination for investment. Xiaoqiang of the National Development and can. Reform Commission on strengthening Can- On the other hand, the environ- Let me read one other quote that oc- ada’s long-term strategic partnership with mentalists are saying: No, Mr. Presi- curred shortly after that speech was China through two-way trade and invest- dent. They have circled the White made by the Canadian Minister of Nat- ment in energy and natural resources. House. They have done all of these ural Resources: While in Shanghai, the Minister also things. Well, the President solved this A unit of China Petrochemical Corp., toured the Jinqiao Wood Townhouse Dem- dilemma he finds himself in, in my [known as] Sinopec, agreed to buy Daylight onstration Project, where he underlined the judgment, by announcing he would just Energy Ltd., a Canadian oil and natural-gas many benefits of Canadian wood-frame con- delay this until after the election. producer, for 2.2 billion Canadian dollars struction expertise for China. . . .—China’s second [purchase and second] This demonstration project is one of sev- Mr. MCCONNELL. Could I ask the eral in China funded by the Government of Senator from Nebraska a further ques- foray into Canada’s oil patch in [the last year]. Canada to showcase the low-carbon, environ- tion? mentally friendly and energy-efficient prop- It strikes me—correct me if I am So to confirm what the leader has erties of wood-frame construction, and to as- wrong—that America not going for- said, and to confirm what Senator sist China in meeting its national goals of ward does not prevent this from hap- HOEVEN has acknowledged, this is not reducing carbon emissions in new housing pening, just in another country. And a something we might fear happening projects. good option for the Canadians might later on. This is something happening Minister Oliver continued to highlight the well be to just ship this product to now. If we default on the Keystone XL phenomenal growth in exports of wood prod- ucts when he met with Vice Minister Qiu China. Is that not correct? Pipeline now, we are giving a wide open Baoxing, Ministry of Housing and Urban Mr. JOHANNS. Well, in response to year for the Chinese to come back to Rural Development, as well as with British the leader’s question, the Canadian Canada, make those investments, tie Columbia Premier Christy Clark and Pat Government has already indicated that down that oil, and encourage that pipe- Bell, BC Minister of Jobs, Tourism and Inno- if the United States is not a reliable line to go—not to Houston, TX—but to vation, to discuss trilateral cooperation on purchaser and transporter of this com- Vancouver, Canada, and then on ships wood-frame housing in China. modity, they will have to look to other to China. Minister Oliver will now continue on to parts of the world, for example, China, I ask unanimous consent that the Tokyo and Sendai, Japan. to sell this product. full text of both of these articles be [From the Wall Street Journal, Oct. 10, 2011] This will not stop the development in printed in the RECORD. SINOPEC DEEPENS CHINA’S PUSH INTO that area. In fact, it will push the de- There being no objection, the mate- CANADIAN OIL PATCH velopment to a part of the world where rial was ordered to be printed in the (By Edward Welsch) the refinery process might take place RECORD, as follows: A unit of China Petrochemical Corp., or with fewer environmental standards [Natural Resources Canada, Nov. 9, 2011] Sinopec, agreed to buy Daylight Energy and, therefore, cause more environ- MINISTER OLIVER PROMOTES CANADIAN Ltd., a Canadian oil and natural-gas pro- mental problems than if we build this ENERGY IN CHINA ducer, for 2.2 billion) Canadian dollars pipeline and solve it. That is why from (US$2.12 billion)—China’s second big foray ‘‘My mission to China is clear. I have come the very beginning I have said: Look, I into Canada’s oil patch in recent months. to raise awareness of the strength of Can- In July, Cnooc Ltd. agreed to pay just over am not opposed to the tar sands devel- ada’s natural resource sectors—as both an opment. I am not even opposed to the $2 billion for bankrupt OPTI Canada Inc., in outstanding source of quality products and a rare move by a Chinese company to swoop pipeline in our State, now that we have an attractive destination for investment,’’ in and swallow an entire company instead of solved the problem. said the Honourable Joe Oliver, Canada’s tiptoeing in with a minority stake. As I said, there is one person who can Minister of Natural Resources, while speak- In the North American energy sector, in create these jobs today. That is the ing today at the Canadian Chamber of Com- particular, Chinese companies have been President of the United States. With merce in Shanghai. wary of political fallout if they are seen as the Prime Minister with the President, The Minister has been in Beijing and acting too aggressively in a sector that Shanghai this week meeting with senior gov- many consider to be strategic. it would be a perfect opportunity to ernment officials and leaders of Chinese say: We do not have to wait until after But the two recent moves suggest sen- companies. sitivities in Beijing may be easing some- the election. Let’s create these jobs Minister Oliver met with Vice Premier Li what—at least regarding business in Canada. today. Let’s put Americans to work. Keqiang and discussed the role of investment The federal government in Ottawa and its Mr. MCCONNELL. Just one final ob- and trade in energy and mineral resources in semiautonomous provincial counterparts servation, and then I am going to leave contributing to Canada’s long-term strategic have long welcomed foreign investment in the colloquy to all the rest of my col- partnership with China. He also signed an the Canadian oil patch, which includes vast leagues. But it strikes me—and I won- agreement with the President of the Chinese conventional oil and natural-gas reserves, der if my colleagues agree—this is Academy of Sciences, Professor Bai Chunli, but also the much more capital-intensive, to expand cooperation on science and tech- about as close to a no-brainer as we oil-sands developments of northern Alberta. nology in earth sciences and natural re- Canadian companies, with relatively small will ever run into in America. There is sources. domestic capital markets to fall back on, no government money. Over the last few days, Minister Oliver has have relied on foreign investment—including Mr. HOEVEN. I would ask Senator held meetings with major Chinese energy from China—though more often that has ISAKSON to join us at this point. He is companies including Sinopec, China Na- come in the form of minority stakes in com- here specifically to talk a little bit tional Offshore Oil Corporation and panies, or joint ventures in certain capital- about the issue with oil sands develop- Petrochina to discuss Canada’s enormous en- intensive projects. ergy resources and attractive investment cli- ment and China. So Senator ISAKSON, Last year, for instance, Sinopec bought mate. ConocoPhillips’ 9 percent stake in its large and then certainly Senator HUTCHISON ‘‘As reaffirmed today in the International Syncrude oil-sands project in northeastern as well. Energy Agency’s 2011 World Outlook, global Alberta for $4.65 billion. Mr. ISAKSON. I thank Senator energy demand is expected to increase by Recently, some Canadian politicians and HOEVEN for the recognition, and I one third from 2010 to 2035,’’ said Minister businessmen have expressed new wariness thank the leader for his remarks. Oliver. ‘‘Given that Canada is also projected over big foreign deals.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00007 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19058 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 Ottawa rejected Australia-based BHP Bil- We will also have the emissions of and go out to the United States be- liton Ltd.’s $39 billion attempt to buy Potash shipping product all around the world, cause dependence on the Middle East Corp. of Saskatchewan Inc. last year. The not only shipping this oil to China but and North Africa has certainly led to Canadian government said the deal wouldn’t then we are going to continue to have price spikes. Venezuela is certainly not bring enough economic benefit. However, a campaign against the takeover launched by to ship oil from places such as the Mid- a reliable partner right now and supply the local government of Saskatchewan gen- dle East and Venezuela. So we actually interruptions threaten our economy erated significant support from regional increase CO2 emissions without this and our national security. politicians and the public. project. So the Keystone XL Pipeline would The Sinopec-Daylight deal will face the Now, in Texas, of course, we have re- certainly be a boom to Texas and Texas same sort of government review that other fineries, and Senator HUTCHISON is here jobs. But more than that, it is going to significant foreign deals undergo, including a to talk about just how important it is benefit every consumer of energy in federal sign-off. But it isn’t expected to gar- we bring this product down to our re- America. It will more than double what ner the same sort of scrutiny as the BHP- Potash bid. fineries in the gulf coast region. we can buy from Canada, and think of Potash holds a significant chunk of the Mrs. HUTCHISON. I thank the Sen- the reliability of our Canadian rela- world’s reserves of potash, a critical raw ma- ator from North Dakota because Sen- tionship. The reliability of our trade terial in fertilizer. Critics used that market ator HOEVEN has been a leader on this and our relationship with our neighbor dominance to argue that Potash was a stra- issue, knowing how important this find to the north, Canada, is among the tegic asset that should remain in Canadian is, and how much more capacity we most solid we have in all of the globe. hands. will have for affordable energy in our It is essential we build this pipeline. Daylight, meanwhile, is a relatively small country if we can extend the pipeline. As the leader said earlier, this is a no- energy competitor—one of scores of Cana- This is a pipeline that is not just brainer—as close as you can get to a dian companies that hold just a thin slice of the country’s overall petroleum reserves. starting from Canada into the United no-brainer for building our economy, Daylight produces light oil and natural gas States. The Keystone Pipeline was creating jobs, and creating more tax from properties in northeast British Colum- started in 2008. The initial line moves revenue that will bring down the def- bia and northwestern Alberta. The company 590,000 barrels of oil per day from icit we have heard so much talk about produced just 37,000 barrels of oil equivalents northern Alberta to points in Cushing, on the other side—but this would do it in the second quarter. But Daylight has ac- OK, and Patoka, IL. The XL exten- the old-fashioned way: by giving people cumulated a significant undeveloped land po- sion—which is what we are talking the ability to provide for their families sition in the emerging liquids-rich Duvernay about that is being held up by the shale-gas play in Alberta. and contribute to the economy of our Sinopec is laying down a sizable premium State Department—is currently under country. for the deal. In a statement Sunday, Day- review. It would expand the system by That is the way we want to see in- light, based in Calgary, said that Sinopec 700,000 barrels per day—so more than creased revenue in this country: with had agreed to buy the company for C$10.08 a double what we are getting already— more jobs and paying taxes, not col- share, representing a premium of 43.6 percent and bring the line further south to lecting benefits because they cannot over the 60-day weighted average price of the Texas. find work. It is right here, and it does stock ending Oct 7. Well, now, why is that important? It not cost the government a dime be- ‘‘We believe this transaction with is because 25 percent of the refinery ca- cause it is private investment that will [Sinopec] recognizes the highly attractive asset portfolio and exceptional team that we pacity in America is in Texas. It is in bring this oil to the refineries and put have assembled,’’ said Anthony Lambert, the the gulf coast of Texas. That is where it back out to the United States. president and chief executive of Daylight, in the refiners are. We are talking about I urge the President of the United the statement producing now more affordable energy States to go to the State Department Barclays Capital advised Sinopec on the for all the consumers in our country by and say: Let this go. In lieu of urging transaction. Canaccord Genuity Corp. ad- bringing it straight down and having it the President, we have a bill that was vised Daylight. refined and sent back out to all points started by Senator HOEVEN, with 40 Mr. HOEVEN. I thank Senator ISAK- in America. Otherwise, what my col- sponsors, that will tell the President: SON and ask the Senator if he has any leagues have just been talking about— Now is the time—it is long past due more he wants to add. I know the Sen- Senator ISAKSON and Senator HOEVEN— time—for us to create the jobs in this ator has to leave and is on a tight is that we will see Canada export this country that are not going to be tax- timetable. to other countries, whether it be China payer funded, that are going to be pri- Mr. ISAKSON. Just to thank the or other countries, and eventually it is vately funded. They are going to create Senator for his leadership; the Sen- going to be coming back into the cleaner, better, cheaper, more efficient ator’s leadership on this issue has been United States much more expensively energy; and they are going to create outstanding. to be refined in Texas and sent out. jobs which people want in this holiday Mr. HOEVEN. I thank Senator ISAK- So specifically for Texas, it would season and on into the future years. SON and thank him for being here. put our State’s 26 refineries into prob- So I thank my colleague from North I will turn to Senator HUTCHISON ably 24 hours’ of business, which means Dakota for giving us this chance to tell from Texas. lots of jobs in Texas. That 25 percent of the American people we have an an- We have actually 40 Senators already U.S. production is approximately 5 per- swer to jobs and to bringing down the on this legislation—40 Senators. It is cent of worldwide capacity. So we are deficit and increasing revenue the way bipartisan. This is something we abso- talking about lowering the price of en- people want to: by providing for their lutely need to move on. I spoke with ergy throughout our country and the families and paying taxes with the the Canadian Ambassador today, Am- world. money they are earning. It is a win for bassador Doer. He talked about how It would produce an estimated $2.3 everyone. I thank the Senator from they are already looking at Western billion in new spending and generate North Dakota for leading this effort. routes to send this oil to China. more than $48 million in new tax rev- Mr. HOEVEN. I thank the Senator So this oil is going to be produced. It enue for my state alone. It would re- from Texas. Senator HUTCHISON is, as is going to be produced. The question sult in 700,000 barrels of oil a day, as I usual, not only eloquent but has hit is, Does it come to the United States have said. We know the Canadian the nail on the head. Looking across and help us reduce our dependence on find—the sands that have been found our country from North Dakota to Middle Eastern oil? Does it come here there—is the third largest capacity, Texas to Oklahoma, across our country and create thousands of jobs or do we next to Saudi Arabia and Venezuela, in we need these jobs. This is the way to send it to China where there will actu- recoverable oil in the world. So we get them, and we can get them now. We ally be more emissions because it will have the third largest reserve in Can- need our President to act. be refined in refineries that produce ada and we know we have the ability to This legislation is a solutions-ori- higher emissions? bring that oil down, have it refined, ented bill.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00008 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19059 It is about job creation. It is about cap and trade and the greenhouse gases American economy $1.1 trillion in lost energy independence. It is about good and all that. The cost of that is be- income impact, and nearly 2 million environmental stewardship. We need to tween $300 and $400 billion a year. That jobs annually. do it. I would like to now turn to my is more than all the other regulations My point is this: We have to find a esteemed colleague from the State of combined. way to empower private investment to Oklahoma, Senator INHOFE, who is the It is all aimed at one thing. What is get job creation going. The esteemed ranking member on Environment and that one thing? To stop fossil fuels. Of Senator from Oklahoma is ranking Public Works. He has a tremendous course, when we talk about my State member on Environment and Public background in energy, as does Senator of Oklahoma being kind of the choke Works. He sees this every day. But HUTCHISON. I would turn to Senator point, as the Senator has pointed out without more government spending, INHOFE for his comments. in his chart over there, I say to my the secret to unlocking jobs in this Mr. INHOFE. I do appreciate that. good friend from North Dakota, we country is to empower the investment. Sometimes we stand on the floor and have done an analysis of jobs just in I would ask if the Senator from Okla- we talk about jobs. But here is the evi- my State of Oklahoma. By the con- homa can address that for just a dence, Oklahoma has a big dog in this struction of the Keystone XL, that minute because I think this project is fight. Not only do we have Cushing— would be 14,000 new jobs just in Okla- such a perfect example of what we are when the Senator from North Dakota homa—just in my State—and an in- talking about. talked about Cushing, that is Cushing, crease of personal income by $847 mil- Mr. INHOFE. It is, and this is some- OK, right there on his map. That is lion. thing that is understood. The term a kind of a choke point in this pipeline. So this is a huge thing that we have ‘‘no-brainer’’ has been used several They all kind of converge. There is no in my State of Oklahoma. Cushing just times because we do not have to think way of getting down to Texas without happens to be the crossroads. That is this through. One of the problems I getting through what we have in Okla- where they all come together. They are have had—back when Republicans were homa. clogged up now. As the Senator pointed a majority, I chaired the Environment But more so, if you do not think this out, they cannot do anything. Their and Public Works Committee. That has is a jobs bill, you have a very famous hands are tied because they are in total jurisdiction over the Environmental Oklahoman working in your State. I capacity right now. Protection Agency, which has been would say Harold Hamm is probably It should be a no-brainer. But the making every effort to overregulate, to the No. 1 producer out there today. I problem is there is one man, as the the extent—we know everybody knows have talked to him. Do you know what Senator from Nebraska said, one man of the spending crisis we have, the def- his biggest problem is in North Da- can make this a reality, the President icit and the debt and all that. They do kota? His biggest problem is he cannot of the United States. He has made it not understand the overregulation ac- find anyone to work. They are full em- very clear he does not want to do any- tually costs us more than all these fis- ployed up there. What better evidence thing to help fossil fuels in America. It cal issues combined. is there that this solves the problem— is a political problem we have. I mentioned just a few of those. I can that this is a jobs bill—than the jobs in Mr. HOEVEN. If I may, I would like recall, before the Senator from North North Dakota? to ask the esteemed Senator from Dakota was in this body, back during I think there is something sadly Oklahoma to talk for a minute on the the Kyoto treaty—in the Kyoto treaty, lacking in this debate, though; that is, subject of how we create that environ- they were trying to get this through to that this is just an extension of what ment that gets job creation going. I have a type of cap and trade, some- this administration has been trying to think this project is a perfect example thing that they said somehow green- do. They have been trying to kill fossil of what we are talking about. We have house gases were going to cause cata- fuels from the very beginning. Let me to create an environment—a legal, tax strophic global warming and all that. quote Alan Kruger, who is chair of the and regulatory environment—that em- That went down the tubes. Then they President’s Council of Economic Advis- powers private investment, not govern- started introducing legislation to do ers. He says: ‘‘The administration be- ment spending but private investment, the same thing. Then we had—and I ap- lieves that it is no longer sufficient to to get job creation going. preciate the honesty of Lisa Jackson, address our nation’s energy needs by Here we have a regulatory issue, who is the Administrator of the Envi- finding more fossil fuels.’’ He wants to where we just—TransCanada has ronmental Protection Agency, when kill fossil fuels. worked for 3 years to meet the environ- she came out and said: No, if we were Steven Chu, the Energy Secretary mental process. Most recently, the to have this strictly in the United said: ‘‘Somehow we are going to have problem was in Nebraska, the Sand States, it is not going to reduce the to figure out how to increase the price Hills area of Nebraska, the Ogallala aq- emissions. of oil to be equal to that in Central Eu- uifer. But now we have come up with a This is kind of a long way around. rope.’’ That is $8 a gallon. He is trying solution to make sure we deal with The point I am trying to make is, it is to wean us off fossil fuels. We cannot that issue. So we have cleared that very difficult for people to understand. run this machine called America with- process. Just the cap and trade this administra- out it. That means this project is ready to tion is trying to do through regula- I only wanted to mention that, and I go as we have just described. Leader tions, because they could not do it appreciate the Senator from North Da- MCCONNELL just a minute ago talked through legislation, is going to end up kota talking about the Environment about how the labor unions strongly having the same effect: kill fossil fuels. and Public Works Committee. It has support this project. I can go through That is what they are trying to do. been an effort of this administration that whole list as well. In addition, the But the point the Senator from through the backdoor, through regula- U.S. Chamber of Commerce says: Let’s North Dakota is making is that is kind tion, to do away with fossil fuels. The go. We support this project. So we have of complicated. That is hard to under- boiler MACT—MACT, by the way, 40 Senators, bipartisan, labor unions, stand. This is not. This is already out means Maximum Achievable Con- Chamber of Commerce. there. As I mentioned, just in my State trolled Technology. Here is an another interesting sta- of Oklahoma alone, 14,000 new jobs. By increasing the emission require- tistic. This example is such a good ex- Who would be against it? The only ones ments on boilers and on utilities, we ample of what we are talking about. I against it are people who do not want are talking about around $83 billion a ask the Senator from Oklahoma to to keep this machine running in Amer- year of cost. Compare that to the cap maybe expand on the point. But the ica because they know they cannot do and trade. Cap and trade right now is— U.S. Chamber of Commerce last year it without fossil fuels. and we have gone through this on the released a study identifying 351 stalled Maybe someday that will be dif- floor with all these bills trying to have energy projects nationwide costing the ferent. It is not different today. The

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00009 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19060 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 way to get it down, to bring it down, is spread bipartisan support on Main this oversight is obvious to most Amer- through this pipeline. I am very selfish. Street, Senate Republicans are seeking icans. Indeed, it is my contention that It is not just the country; I have 20 to prevent Mr. Cordray from taking of- Americans in today’s society are the kids and grandkids right there in Okla- fice as a service to Wall Street. most bedeviled group of humans in his- homa who are depending on us doing As one Republican member of the tory by fine print. Everywhere you go, what we are supposed to be doing. Senate Banking Committee said: ‘‘My you find fine print filled with tricks Mr. HOEVEN. I thank the esteemed colleagues and I stand by our pledge and traps that fool you, that kick up Senator from Oklahoma. He is so right. that no nominee to head the CFPB will your interest rate or give away rights That is what it is all about. It is about be confirmed by the U.S. Senate re- that you have. So what we want is a putting people back to work. It is gardless of party affiliation without little bit of a fair shot and a straight about American ingenuity, private in- basic changes to the Bureau’s struc- deal for the American consumer. vestment. It is about getting this econ- ture.’’ Under the temporary direction of the omy going. What are these basic changes? The Treasure Secretary, the Consumer Fi- We have to find ways to save dollars, basic changes the Republicans have de- nancial Protection Bureau is actually to reduce the spending that has gotten manded include: making the agency already up and running. It is now regu- out of control. But a big part of getting subject to the budgetary influences of lating the largest banks in the coun- out of the deficit and the debt is get- Congress, which given the way Con- try—those with over $10 billion in as- ting people back to work and getting gress is behaving is a way of allowing sets—as well as credit unions. Unfortu- this economy rolling. We are talking the influences of Wall Street to come nately, its authority to protect con- about a project that will create 20,000 through and control it, and also replac- sumers from these other financial prod- construction jobs right upfront, 250,000 ing the Director’s position with a board ucts will be unclear until there is a Di- permanent jobs, $600 million in State that would ensure that Wall Street is rector, which may be another motive and local tax revenues. represented. for blocking a Director. The PRESIDING OFFICER (Mr. These are not constructive changes. The Consumer Financial Protection FRANKEN). The Senator’s time has ex- These are an attempt to weaken a reg- Bureau is already out there looking pired. ulator designed to protect consumers. I out for American consumers to make Mr. HOEVEN. This is a project that hope my Republican colleagues will re- sure big banks and credit unions are reduces our dependence on oil from the evaluate their filibuster of Mr. playing by fair rules, but it has not yet Middle East. This is a project that pro- Cordray’s nomination. But in the event been able to regulate the nonbank com- vides better environmental steward- they do not, let’s take a moment to re- panies, such as mortgage services, the ship, as we have described. This is a view the consequences for the Amer- private student loan lenders, debt col- project where we need to move forward. ican people. lectors, payday lenders, and credit re- This body needs to be about solutions. As many of our constituents know, in porting agencies. While the Senate Re- This is a solution. We need to act. Rhode Island and in Minnesota, we es- publicans filibuster this nominee—a I yield the floor. tablished the CFPB in the Wall Street very qualified nominee, an indis- The PRESIDING OFFICER. The Sen- Reform and Consumer Protection Act putably qualified nominee—some of the ator from Rhode Island. as a new agency to protect American worst financial actors in the country f consumers from misleading and poten- remain unaccountable for their decep- tially ruinous financial products. After tive and harmful practices. Predatory RICHARD CORDRAY NOMINATION the subprime mortgage catastrophe, lenders near military bases continue to Mr. WHITEHOUSE. Mr. President I the logic behind that is pretty clear. charge our servicemembers effective come to the floor to speak in support of We designed this new agency to be for interest rates of up to 800 percent. Pri- President Obama’s nomination of Rich- mortgages, credit cards, student loans, vate student lenders continue to with- ard Cordray, from Ohio, to be the Di- debt collection, credit reporting—what hold clear information about repay- rector of the Consumer Financial Pro- the Consumer Product Safety Commis- ment terms from young students tak- tection Bureau. He is a former attor- sion is for toaster ovens, toys, baby ing out these loans. Debt collectors ney general, former solicitor general, strollers, batteries, and swimming continue to bully and harass those who and former State treasurer of Ohio. pools. are on the edge of bankruptcy. So- He is unquestionably well qualified Harvard law professor Elizabeth War- called payday lenders continue to dupe to take on the position for which he ren first proposed such an agency, and senior citizens into taking out loans has been nominated. Unfortunately, we I was very proud to cosponsor Senator bearing triple-digit interest rates. are stuck in a Republican filibuster of DURBIN’s original Financial Product This is the status quo Senate Repub- Mr. Cordray’s nomination. Sometimes Safety Act of 2009, which was the first licans are preserving by blocking Mr. there is a hidden ulterior motive bill to bring Professor Warren’s idea to Cordray’s nomination. Consumer pro- around here. In this case, there is a the Senate. tection against these kinds of practices stated ulterior motive: to weaken the We designed the CFPB to investigate should not be a partisan issue. I really new agency’s power to protect con- consumer financial products and gave hope our colleagues across the aisle at sumers. it the power to make rules ensuring least allow us to have an up-or-down Republican obstruction of Mr. that financial products are transparent vote on this nomination. The majority Cordray’s nomination has nothing to and fair, including, for the first time, rules, so let’s vote and let’s go. do with Mr. Cordray himself. Former providing Federal oversight of pre- Every day that Republicans continue Republican Senator and current Ohio viously unregulated loans and financial their obstruction, Americans from all attorney general Mike DeWine has services from nonbank financial insti- walks of life—from students, to senior called Mr. Cordray very well qualified tutions. Those institutions are often citizens, to our men and women in uni- for this job. Just last month, eight Re- the ones that get regular Americans in form—will continue to be subjected to publican attorneys general colleagues deep and unexpected trouble because of unchecked and unregulated deceptive of his joined 29 Democratic attorneys tricks and traps in those contracts. financial products. They will continue general in writing to Leaders REID and When you look at the length and the to be prey for predatory loan instru- MCCONNELL with their support for Mr. amount of fine print in consumer con- ments. Cordray’s nomination. tracts and when you look at the extent Abusive lending practices that strip Mr. Cordray has been endorsed by to which different traps and tricks get wealth from communities and pur- groups as varied as the AFL–CIO, the hidden in all that fine print in order to chasing power from consumers con- Credit Union National Association, the catch consumers in things they weren’t tinue to hold back our struggling econ- National Fraternal Order of Police, and aware of and would not accept if they omy. Let’s confirm Mr. Cordray so that the AARP. But notwithstanding wide- had been aware of them, the reason for he can begin the hard work of leveling

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00010 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19061 the playing field for the American con- I have worked with him personally as The PRESIDING OFFICER (Mr. sumer and help ordinary Americans get an attorney general, worked collabo- UDALL of New Mexico). Without objec- a straight deal in our increasingly ratively with him—indeed, helping to tion, it is so ordered. complex economy. I hope we will be start the investigation of the mortgage f able to do that. service abuses that have led to a na- PAYROLL TAX CUT I yield the floor. tionwide inquiry and, hopefully, will The PRESIDING OFFICER. The Sen- lead to a nationwide solution. I know Mr. CASEY. Mr. President, I rise to ator from Connecticut is recognized. him to be a practical and sensible per- speak about the issue of the payroll tax Mr. BLUMENTHAL. Mr. President, I son who knows how to listen. Richard and the tax cuts we are trying to enact, am honored to join and associate my- Cordray knows how to listen to people very similar to what we did last year self with the remarks made by my col- who are affected by the rulings he may when Democrats and Republicans came league from Rhode Island, who has ex- make, the policies he may implement, together at the end of the year, right pressed forcefully and eloquently the and the people whom he may hire. In- before the holiday season, and said, we reasons that I believe Richard Cordray deed, his nomination was praised by a have to take action now to make sure should be confirmed in his nomination former U.S. Senator and current attor- we are doing everything possible to as Director of the Consumer Financial ney general, Mike DeWine, a Repub- jump-start the economy. Protection Bureau. lican who defeated him in 2010. One of the elements of that agree- ment last year—and, again, it was bi- This country faces a continuing fi- Republicans in this body have made partisan—was a cut in the payroll tax. nancial crisis. We see it on the job this issue a partisan one. It should not lines, in the streets, and in our commu- Just so people understand my point be. There is nothing partisan about about this tax—and I will deal only nities. That crisis can be traced to the debt collectors or mortgage services or same abuses that this new agency was with the employee side—we know that others who may abuse the trust of con- employees in the United States, when created by the Congress to fight. sumers. There is nothing partisan The laws are good laws. They are de- they make their payroll tax payment, about people who become victims of it is 6.2 percent of their earnings. Last signed to protect consumers from those the abusive practices that continue, abuses and problems that led to this fi- year we cut that from 6.2 to 4.2. It was which we need the CFPB to counter. the right thing to do and it had a posi- nancial crisis. But the laws are dead There is nothing partisan—or should be letter, or meaningless, unless they are tive impact. What I am trying to do nothing partisan about this individual, now—and, again, I think this is bipar- enforced vigorously and rigorously, un- Rich Cordray, who has dedicated his less consumers are protected not just tisan—is to not just do that again, but life to protecting ordinary men and we want to cut it even more so that we in word but in deed. That is the reason women against the financial abuses the we should confirm Richard Cordray as can reduce it in half, so instead of pay- CFPB is designed to fight. ing 6.2, an individual would pay 3.1. the Director of the CFPB. Blocking his nomination is, very sim- The people in this agency are doing This is a very basic idea, and what we ply, a way to stop the CFPB from end- are trying to do are two basic things. good work. They have the authority ing abuse. It may be articulated in a No. 1 is to give folks out there more now to supervise some of the biggest variety of ways, using words such as take-home pay—kind of dollars in the banks, credit unions, and other finan- ‘‘accountability,’’ ‘‘rulemaking,’’ pocket. Last year, it was roughly $1,000 cial institutions, but they need a Di- ‘‘structure,’’ or ‘‘authority’’ as terms per worker. The impact on a family— rector to oversee the work of nonbank that are at issue. But the fact is that the positive impact of that—is very financial institutions, such as inde- his nomination cries out for confirma- significant. This year, we hope it will pendent payday lenders, nonbank tion simply to implement the impor- be greater. We hope we can enact some- mortgage lenders, nonbank mortgage tant laws that this body has passed, thing where the take-home pay savings servicers, debt collectors, credit re- laws that remain dead letter as long as are increased, depending on how one porting agencies, and private student they are not enforced. argues it, almost $1,500. Instead of lenders. being $900 or $1,000, for some folks it Lest anyone think these are abstract The men and women who are working in this agency now, under the leader- can be $1,500 or $1,400 or somewhere in or potential problems, they have only that range. to look to their neighbors and friends ship of Raj Date, are doing the best they can. They are making a dif- The second point on this is peace of who are struggling to stay in their mind. We ought to take action here in homes, seeking to pay their debts, and ference. They are protecting, for exam- ple, our veterans. Holly Petraeus, who a bipartisan way—and every once in a facing every day the continuing abuses while we get this right—that will say in these areas. The bad actors may be is head of the division in the agency de- signed to protect our veterans, is doing to people, we are trying to do our best among a minority of actors in this to understand what you are up against. area, but they cannot be counted un- great work in that area. She deserves our support; she needs and merits our We are trying to take actions here that less Richard Cordray is confirmed. I will lead to economic growth and job know from my experience that con- support. She and others in that agency need and deserve the support of this creation. sumer protection laws are meaningless One of the actions we can take is to ordinary Americans, as they are to Congress and this body in confirming Rich Cordray. making sure we reduce the payroll tax citizens of Connecticut, unless there is so folks out there have more money in I have worked with Rich Cordray. I vigorous enforcement of these laws. their pocket—more take-home pay—as know him as a man, as a public official, Richard Cordray will bring to this they head not just into the holiday sea- as a nominee. We will be losing a job a unique set of qualifications. He son but as they head into the new year uniquely qualified person for this job if has been involved at the local and in 2012. So it is about take-home pay State levels in working closely with we fail to do the right thing and pro- and peace of mind. community banks and credit unions, as tect consumers from the continuing We have made some progress in the well as other financial institutions, as abuses of this industry. last couple of months, when we con- a State and county treasurer. He un- Mr. President, I yield the floor and sider where we have been and in trying derstands the important role they play suggest the absence of a quorum. to dig our way out of this great reces- in small towns and communities. He The PRESIDING OFFICER. The sion. Unfortunately, the progress we knows how to work with institutions clerk will call the roll. have made is far too modest, and the and the businesspeople who run them. The legislative clerk proceeded to economic recovery right now is still He is realistic and sensible. He has call the roll. very vulnerable, very fragile—pick common sense. He has had a positive Mr. CASEY. Mr. President, I ask your word, there are lots of ways to de- experience—hands on—working at the unanimous consent that the order for scribe it. We need this tax cut to boost local and State level. the quorum call be rescinded. consumer spending.

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But that has been very spond affirmatively and positively is to best way—to create demand in our hard to reach in the last couple of say we have come together to reduce economy is to have folks have more months. the payroll tax even more than we did take-home pay. I put this chart up on my left to last year to help you in your bottom As you can see from this chart on my highlight what Mark Zandi said. Here line, so you have more take-home pay left, when we look at the quarters, is his warning when discussing what for you and your family. starting right here, we see minus 6.7 could happen on the current payroll The second thing they ask is, what percent. That is the first quarter of tax cut in effect right now, the 4.2 level are you doing to try to bring people to- 2009. Eventually, we have gotten to the that we are at right now from the cut gether, to try to reach a bipartisan point where we have started to have from last year: consensus? We have all got to try do some growth. We have had nine We’d be in recession right now without it. that in our own way. This is about straight quarters of GDP growth. But That is what he said about what we take-home pay and peace of mind. We that is not enough—not nearly enough. did last year in a bipartisan way. I need this tax cut in place to boost con- It is movement in the right direction, would hope we could end this year on a sumer spending, to create jobs, and ac- but it has been barely positive, as you high note, on a bipartisan note, and celerate economic growth. can see, even if you look at just the make sure we cut the payroll tax again I want to conclude with one thought last year. This .04 is the first quarter of and put more take-home pay in peo- about Social Security, because I know 2011. So even though we had almost 4 ple’s pockets. it has been raised by a number of folks percent of good growth back in a cou- Then here is Mark Zandi talking the last couple of days. ple of quarters in 2009 and into 2010, in about if we don’t extend, what could I ask unanimous consent to have the last three-quarters of 2011, we had happen into the near future: .4 percent growth, 1.3 percent growth, printed in the RECORD a letter ad- We’ll likely go into recession. and 2.0 percent growth. dressed to Secretary of the Treasury What we have to do now is make sure So says Mark Zandi. We can’t afford Geithner and Director, Office of Man- the fourth quarter is stronger, as best to do that. The payroll tax cut has agement and Budget, Jacob Lew, dated we can, and we need to make sure, by helped sustain the economic recovery December 6, 2011. It is signed by Steven the actions we take here, that 2012 is this year, and it will strengthen the C. Gross, Chief Actuary of the Social much better. We need to ensure we economy in 2012 if we reduce it again. Security Administration. have stronger growth, and putting My bill not only extends it but in- There being no objection, the mate- $1,500 of additional earnings into the creases it so that the per worker take- rial was ordered to be printed in the pockets of 160 million workers, as I home pay increase, instead of being RECORD, as follows: said before, will help substantially. I around $1,000, would be approximately SOCIAL SECURITY ADMINISTRATION, think that number should be repeated. $1,500. OFFICE OF THE CHIEF ACTUARY, When we talk about cutting the payroll We also know that cutting the tax Baltimore, MD, December 6, 2011. tax in half and putting more take- leads to job growth. We know this from Hon. TIMOTHY F. GEITHNER, home pay in people’s pockets, we are our experience, and we know this from Secretary of the Treasury, Washington, DC. Hon. JACOB J. LEW, talking about affecting 160 million recent history. At the end of 2010, Con- gress enacted the current payroll tax, Director, Office of Management and Budget, workers in the United States. Washington, DC. Economists across the board have cutting it from 6.2 to 4.2, and it took DEAR MR. GEITHNER AND MR. LEW: We have told us why this is so important. They effect at the beginning of the year. reviewed the language in the ‘‘Middle Class have reported the payroll tax cut will As we look at private sector job Tax Cut Act of 2011’’ (S. 1944), introduced create jobs and increase GDP—increase growth in 2011, we can see some of the yesterday by Senator Casey. We estimate those numbers I referred to on the impact of the cut. As we can see on the that the enactment of this bill would have a chart—and that failing to extend the chart, if you look at the first couple of negligible effect on the financial status of tax cut will slow growth and lead to bars—even if you can’t read the small- the Old Age and Survivors Insurance and fewer jobs. Mark Zandi, of Moody’s er print here—this depicts starting in Disability Insurance (OASDI) program in January of 2011 what was the monthly both the near term and the long term. We es- Analytics—one of the economists both timate that the projected level of the OASI parties have quoted over many years— change in private payrolls, meaning and DI Trust Funds would be unaffected by estimates that not extending the cur- private sector job growth. January was enactment of this provision. rent payroll tax cut—meaning allowing only 94,000, not that great of a month Section 2 of the bill would make the fol- the payroll tax to go back up to the 6.2 in January 2011. But look at February: lowing changes for payroll tax rates and percent, not cutting it in half—would 261,000 private sector jobs added. Look OASDI financing: (1) for wages and salaries reduce gross domestic product growth at March: 219,000 private sector jobs paid in calendar year 2012 and self-employ- by .5 percent in 2012. added. And then April: 241,000. So you ment earnings in calendar year 2012, reduce So instead of having positive growth, had an average of about 240,000 private the OASDI payroll tax rate by 3.1 percentage he is saying that if we don’t enact and sector jobs growing in those 3 months. points, (2) transfer revenue from the General When we got to May and June, of Fund of the Treasury to the OASI and DI extend the payroll tax cut from last Trust Funds so that total revenue for trust year, at a minimum we would be losing course, a lot of things happened which funds would be unaffected by this provision, a half point of growth. That would be took that number way down. It slowed and (3) credit earnings to the records of devastating to this economy. for a lot of reasons. One of them was workers for the purpose of determining fu- Goldman Sachs has said similar the spike in oil prices, another was the ture benefits payable from the trust funds so things. They put the negative impact effect on gas prices, and, finally, the that such benefits would be unaffected by on GDP growth at as much as two- earthquake in Japan had a terrible ef- this provision. For wage and salary earnings, thirds of 1 percent in 2012. Most econo- fect on our economy. the 3.1–percent rate reduction would apply to mists are in that range in terms of the I am wrapping up here, but I want to the employee share of the payroll tax rate. For self-employment earnings, the personal adverse impact. RBC Capital Markets make one more point about this. The income tax deduction for the OASDI payroll concludes that the hit to GDP next American people are looking at us tax would be 66.67 percent of the portion of year of failing to act would be a full 1 right now, watching what we do, and such taxes attributable to self-employment percent. they are saying basically two things to earnings for 2012. Other sections of the bill

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Breuer even admitted as much, saying: unanimous consent for 2 more minutes. But the real shock was how Mr. I regret that I did not alert others within The PRESIDING OFFICER. Without Breuer had responded within his own the leadership of the Department of Justice objection, it is so ordered. department when that earlier to the tactics used in Operation Wide Re- Mr. CASEY. The point of this letter gunwalking was first brought to his at- ceiver when they first came to my attention. is very simple. I won’t read the whole tention in April 2010. He didn’t tell the He regrets not bringing gunwalking letter, but here is the pertinent part of Attorney General. He didn’t tell the in Wide Receiver to the attention of this letter from the Social Security Attorney General’s Chief of Staff. He the Attorney General. But what about Administration. didn’t tell the Deputy Attorney Gen- bringing it to the attention of Con- We estimate that the projected level of the eral. He didn’t tell the inspector gen- gress? He didn’t even step forward to OASDI and DI Trust Funds would be unaf- eral. Instead, he simply told his depu- express his regret until e-mails that de- fected by enactment of this provision. ties to meet with ATF leadership and tailed his knowledge were about to be What he is talking about there is So- inform them of the gunwalking: produced under congressional sub- cial Security would be unaffected. The . . . so they know the bad stuff that could poena. trustee said last year the same thing. I come out. It is astounding then that it took the public controversy over Fast and Furi- won’t add all this to the RECORD, but Later, his deputy outlined a strategy read the one sentence. This is page 33 ous to help the chief of the criminal di- to: vision realize that walking guns is un- of a report from last year: . . . announce the case without high- Therefore, this payroll tax cut is estimated acceptable. Yet he had had 9 months lighting the negative part of the story and after the February 4 letter to step for- to have no financial impact on these same risking embarrassing ATF. ward, correct the record, and come trust accounts. Think about that. In that case, sav- So it is abundantly clear that there clean with the American public. He had ing face was more important than the 18 months, after learning of is no impact on Social Security and, bad policy. secondly, it is abundantly clear that gunwalking in Wide Receiver, to put a For 18 months, the embarrassing stop to it and hold people accountable. passing a payroll tax cut again will truth about ATF gunwalking in Wide boost job growth, strengthen the econ- He failed to do so. Receiver and Breuer’s knowledge of it During his testimony, I asked him omy, grow the economy, and give was successfully hidden. It only came pointblank if he reviewed that letter of American families some measure of out because of the congressional inves- February 4 before it was sent to me. peace of mind as we head into the holi- tigation into gunwalking in Fast and His misleading answers to these ques- days and head into the year 2012. Furious. tions formed the basis for my second Mr. President, I yield the floor. The public outrage over Fast and Fu- reason for calling on Mr. Breuer to re- f rious comes from the average Amer- sign. He responded that he could not ican who cannot understand why their ATF’S LANNY BREUER say for sure but suggested that he did very own government would inten- not review the letter. He said, ‘‘[A]t Mr. GRASSLEY. The Alcohol, To- tionally allow criminals to illegally that time, I was in Mexico dealing with bacco, Firearms is a division of the buy weapons for trafficking into Mex- the very real issues that we are all so Justice Department. I have been inves- ico. committed to.’’ tigating Alcohol, Tobacco, Firearms’ Next week, it will be 1 year since Last Friday, the Justice Department Operation Fast and Furious for almost Border Patrol Agent Brian Terry was withdrew their February 4 letter to me 11 months now. It is past time for ac- murdered by bandits armed with guns because of its inaccuracies—and the countability at the senior levels of the as a direct result of this policy of let- word ‘‘inaccuracy’’ is their word. The Justice Department. That account- ting guns walk. The Terry family, and Department also turned over docu- ability needs to start with the head of all Americans who sympathize with ments under subpoena about who par- the criminal division, Lanny Breuer. I their loss, are rightfully outraged and ticipated in the drafting and the re- believe it is time for him to go, and I astonished at their very own govern- viewing of the letter. One can imagine wish to explain why I have come to ment doing such a thing. Yet, when Mr. my surprise when I discovered from that conclusion. Breuer learned of a case where ATF documents provided Friday night that The Justice Department denied, in a walked guns in a very similar way, all Mr. Breuer was far more informed dur- letter to me on February 4, 2011, that he did was give ATF a heads up. There ing the drafting of that letter than he ATF had ever walked guns. Mr. Breuer seems to be a vast gulf between what admitted before the Judiciary Com- had been consulted in the drafting of outrages the American people and what mittee. In fact, Mr. Breuer got frequent that erroneous letter of February 4, outrages Lanny Breuer. updates on the status of the letter this year. Mr. Breuer showed a complete lack of while he was in Mexico. On May 2, 2011, rather than acknowl- judgment by failing to object to the He was sent versions of the letter edging the increasingly obvious facts gunwalking that he knew about in four times. Two versions were e-mailed and apologizing for its February letter, April 2010, 9 months before I was ever to Mr. Breuer on February 4, after he the Justice Department reiterated its aware of Fast and Furious. If Mr. returned from Mexico, including the denial on May 2, this year, the same Breuer had reacted to gunwalking in version of the letter that was ulti- denial of February 4th. Wide Receiver the way most Americans mately sent to me that day. At that Thus, when the Justice Department reacted to gunwalking in Fast and Fu- time, he forwarded the letter to his revealed on October 31 of this year that rious, he would have taken steps to personal e-mail account. Mr. Breuer’s Breuer had known as far back as April stop it and hold accountable everyone Deputy also sent him two drafts of the 2010 about gunwalking at ATF, I was involved. Consequently, Fast and Furi- letter while he was in Mexico, and he astounded. That was a shocking revela- ous might have been stopped in its also forwarded one of those to his per- tion. tracks and Brian Terry might be alive. sonal e-mail account. We do not know The controversy about gunwalking in When Mr. Breuer came before the whether he did that in order to access Fast and Furious has been escalating Senate Judiciary Subcommittee on it on a larger screen than the Govern- steadily for 10 months now. The Jus- Crime and Terrorism the day after ment-issued BlackBerry or whether he

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engaged in any further discussion operates properly, including holding Later today, Senator COONS and I about the letter in his nongovernment people accountable. will return to regale our colleagues e-mail account. However, we do know, Because of that, Mr. Breuer needs to with more about what we started all in response to the draft received in go immediately. Anything less will those years ago and how it has turned Mexico, he wrote to one of the main show the American people the Justice out. drafters of the letter: ‘‘As usual, great Department is not serious about being I wish to fast forward, if I could, work.’’ honest with Congress in our attempt to though, to 2008. As the Presiding Offi- The Justice Department excluded get to the bottom of this. cer will recall, during the aftermath of Breuer’s compliment about the context In regard to my attempt to get to the the 2008 financial crisis on Wall Street, of the draft from the set of e-mails it bottom, just last night the Justice De- one question which Congress repeat- released to the press on Friday, before partment sent a letter refusing to pro- edly asked itself was: What can we do they released those documents to this vide several Justice Department staff to prevent future harm from reaching Senator. for transcribed interviews. The letter Main Street? What can we do to pre- That evening, Mr. Breuer submitted explicitly goes back on the assurances vent future harm from reaching Main answers to written questions. He wrote: I received when I consented to proceed Street? I have no recollection of having [seen the with the confirmation of three senior This theme continued as we consid- letter] and, given that I was on official trav- Justice Department officials, which I ered and ultimately passed in 2010 com- el that week and given the scope of my du- had held up to get an agreement to get prehensive financial regulatory reform ties as Assistant Attorney General, I think it the information Congress is entitled to. regulation, which fortunately the ma- is exceedingly unlikely that I did so. One of my conditions for agreeing to jority of us, including myself, sup- So as late as last Friday night, Mr. proceed with those nominations was ported, the legislation now known as Breuer was still trying to minimize his that officials who agreed to voluntary the Dodd-Frank law. role in reviewing the letter, despite all interviews in this investigation would While none of us were able to agree the evidence to the contrary. Why have either a personal lawyer present on each of the elements of the Dodd- would Mr. Breuer say ‘‘great work’’ to or a Department lawyer present but Frank law, and while some of my col- a staffer about a letter he claimed he not both. I personally met with the At- leagues did not support it in the end, had not read? torney General, and he had the condi- most us could agree we needed to do It is not credible that someone such tions listed on a piece of paper in front more to help protect American families as Mr. Breuer would forget about his of him. It looked as if he had read it and businesses from bad actors. involvement in a matter such as this. and was familiar with it. Yet he never As a result, the Consumer Financial Mr. Breuer’s failure to be candid and objected to that condition. Protection Bureau was created. For the forthcoming before this body irrep- Dozens of witness interviews have first time in history, one agency would arably harms his credibility. His com- been conducted under that under- be charged with overseeing consumer plete lack of judgment and failure to standing with no problem. The only protection for Main Street Americans deal with gunwalking when he first difference is that instead of ATF wit- within the financial industry. learned of it in April 2010 was bad nesses, we are now seeking to interview In July of this year, 5 months ago, enough, but this is the final straw. Mr. Justice Department witnesses. What is Richard Cordray was nominated to be Breuer has lost my confidence in his good for the goose is good for the gan- Director of the Consumer Financial ability to effectively serve the Justice der. There is no reason to change the Protection Bureau. Richard Cordray Department. If he cannot be straight rules in the middle of the game. I was served for many years as the president with the Congress, he doesn’t need to relying on the Attorney General and pro tem of the Delaware State Senate be running the Criminal Division. It is other officials at the Department to before retiring roughly 10 years ago—a time to stop spinning and start taking honor their agreement. Apparently, man now probably in his mid-70s. I was responsibility. that is not going to happen. shocked to hear he had been nominated I have long said the highest ranking Fortunately, Chairman ISSA has the to head this new agency. It turns out it individual who knew about gunwalking ability to require the witnesses to ap- is another Richard Cordray. This Rich- and Operation Fast and Furious needs pear via subpoena if they refuse to ap- ard Cordray had been the attorney gen- to be held accountable. That standard pear voluntarily under conditions that eral of Ohio for a number of years. He applies no less to officials who knew the Department previously agreed to was well regarded. He helped protect about gunwalking in Operation Wide with me. I am confident he will do that consumers, investors, retirees, and Receiver. Gunwalking is unacceptable if it becomes necessary, and I will take business owners to ensure that Ameri- no matter when it occurred. Docu- whatever steps I have to take in the cans on Main Street got a fair deal. At ments made clear that Assistant Attor- Senate to encourage the Department to the time of his nomination, he was ney General Breuer was the highest reconsider and stick to its original leading the Consumer Financial Pro- ranking official in the Justice Depart- agreement. tection Bureau’s enforcement efforts. ment who knew about gunwalking in I yield the floor. Mr. Cordray, former AG, is someone Operation Wide Receiver. He did noth- The PRESIDING OFFICER. The Sen- who has been intimately involved in ing to correct the problem, alert others ator from Delaware is recognized. getting the new bureau stood up and to the issue, take responsibility or f running and who brings key expertise even admit what he knew until he was to the table. forced to do so by the evidence. There- THE CORDRAY NOMINATION When we first passed the law, I sug- fore, I believe the Attorney General Mr. CARPER. Mr. President, I am de- gested to the President, to Secretary needs to ask for Mr. Breuer’s resigna- lighted to stand before you on this Geithner, and others—I said I think tion or remove him from office if he re- Delaware Day, 2011. This is the anni- there are three models they could fuses. If Mr. Breuer wants to do the versary of the day when, on December choose from to pick someone to nomi- honorable thing, he would resign. 7, 1787, Delaware became the first State nate to head this new bureau. No. 1, I am not somebody who flippantly to ratify the Constitution. For 1 week, they could pick an academician; No. 2, calls for resignations. I have done over- Delaware was the entire United States they could pick somebody who has sight for many years, and in all that of America. We opened up things in been a regulator or, in this case, attor- time I don’t ever remember coming Pennsylvania and New Jersey, eventu- ney, an Attorney General; and the across a government official who so ally New Mexico. For the most part, it third, I said they might want to try to blatantly placed sparing the agency has turned out well, especially the New find somebody in the private sector embarrassment over protecting the Mexico part. We are happy to be here who has run a significant financial lives of citizens. He has failed to do his to celebrate this day with all our col- service company but had a great, im- job of ensuring that the government leagues. peccable record, that of a ‘‘white hat’’

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We may have at people in all three categories, in- that some Members would like to see to look at the idea of a commission- cluding the latter one and ultimately made, the greater the disservice to con- based structure, and I would love to sit decided, within the Consumer Finan- sumers across America. The Bureau’s down with my colleagues from the cial Protection Bureau, they had Mr. authority was created so that it would other side of the aisle and discuss that Cordray. He had a good track record, not just be limited to banks since those option if the former General Cordray’s and he was the person the President institutions are already regulated, as nomination continues to be blocked wanted to nominate. I think he has are credit unions and bank-holding later this week. made a very good choice. companies. The Bureau’s authority is Right now we have the ability to I talked to a number of my col- supposed to extend to nonbanks as move forward and to stand by our leagues who sat in on hearings where well, nonbanks which provide a form of words and by the spirit of the law. We he testified on his nomination and for financial service, such as payday lend- need to look out for every American the most part got good reviews from ers and debt collectors. with a mortgage, credit card, and those Republicans and Democrats here. Prior to Dodd-Frank, nonbank enti- looking to send their kids to college. I As my colleagues and I debate this ties were subject to little, if any, Fed- hope my colleagues will join me in sup- nomination and ask ourselves is he eral supervision. Yet their reach and porting Mr. Cordray’s nomination. It is qualified to do the job, I think the an- use across our country is widespread. the right thing to do, and it is our op- swer is yes. My colleagues on the Sen- As a result, many unscrupulous actors portunity to show the American con- ate Banking Committee agreed, and 37 were able to exploit loopholes and sumers that we are putting them first, attorneys general from across the harm American consumers. That is not ahead of partisan politics, by governing country, both Republican and Demo- to say all payday lenders or all debt as we were meant to do in the first cratic, agreed. collectors are unscrupulous actors. place. However, today’s debate has not been They are not. They are not all out I see Senator WEBB of Virginia has about whether Mr. Cordray is qualified there to exploit the loopholes. But too joined us on the Senate floor. I will to do this job; instead, the debate has many of them do, and they do so with- close, before turning it over to him, on focused on the structure of the new out the kind of supervision they should a little brighter note. It is a gloomy Consumer Financial Protection Bu- receive. day in our Nation’s Capital. It has been reau. In May of this year, 44 of my col- However, without a Director in place, raining, sometimes pretty hard. When I leagues from the other side of the aisle the Consumer Financial Protection Bu- was walking up here from the train sent a letter to the President saying reau does not have the authority to su- station it was. I want to go back and talk about the they would block any nominee until pervise these very entities. This dras- issue of uncertainty and lack of pre- structural changes are made in the new tically undermines the very spirit in dictability. I think the greatest im- agency. This is before the President which the Bureau was created. It is not pediment to getting our modest eco- ever nominated Mr. Cordray. My col- just the consumers who are harmed but nomic recovery going and turning it leagues want to see changes made such our small community institutions as into a robust economic recovery is to as replacing the Director with a board well. These community institutions address so much of the uncertainty and structure and subjecting the Bureau to want to see a level playing field where lack of predictability. It revolves the appropriations process. My col- they can compete and where everyone around a bunch of issues. Can we dem- leagues, 44 colleagues in any event, plays by the rules. Consumers and busi- onstrate to those who question our pointed out that these structural nesses need certainty, and they need ability to find the middle to reach changes would model the Bureau after predictability. I hear that almost every across the aisle? Can we demonstrate already-existing agencies, while some day, especially from businesses. With- the ability to govern? Are we able to of my other colleagues have also made out certainty, without predictability in demonstrate through an approach the point that there are already exist- a whole wide range of areas, we will much like the Bowles-Simpson Deficit ing agencies not subject to the appro- continue to see our economic recovery Commission plan the ability to get us priations process, such as the FDIC and hindered. back on the right track in terms of re- the Federal Reserve. I think I have shared with the Pre- ducing our debt? What we have is a disagreement, one siding Officer a story that is germane What is going to happen with the where colleagues on both sides of the today to this discussion, and it goes health care law? Is it going to be aisle have what I believe are legitimate back to 7 or 8 years ago when I was deemed constitutional or unconstitu- points. The Consumer Bureau was cre- working on clean air legislation to try tional? What about the Tax Code? ated in Dodd-Frank through a series of to reduce the emission of sulfur diox- What is going to happen in a year from compromises. Rarely is any com- ide, nitrogen dioxide, mercury, carbon now, and what will happen to all of promise perfect. The Presiding Officer dioxide, issues that we debate from these tax provisions that expire at the and I have been involved in enough time to time in the Committee on En- end of this month? There is a lack of compromises over the years to know if, vironment and Public Works where we certainty and a lack of predictability, in the end, neither side is fully satis- serve. and we need to deal with that. fied with the compromise, maybe we I remember one day we had seven or I want to mention two or three prom- struck a pretty good balance, and I eight utility CEOs in from across the ising signs before I close. We have new think that is the case here. country to discuss the merits of dif- job numbers for the month of Novem- But the point of the Bureau is to put ferent legislative proposals. Finally, ber. The unemployment rate dropped the consumer first, and I will be the one crusty old CEO of a utility down down to 8.6 percent. Before we stand first to admit that there is no such south said to me: Look, here is what and celebrate that, there are still a lot thing as a perfect law. I assume my you should do. You should figure out of people we know who don’t have a job colleagues who are here and back in what the rules are going to be, use and are looking for a job. A lot of peo- their offices and at committee hearings some common sense, give us a reason- ple stopped looking for a job, and that would agree with that. If there are as- able amount of time to comply with is one of the reasons that number has pects to Dodd-Frank that can be them, and get out of the way. That is dropped. tweaked and approved, we ought to do what he said. I thought those were Here is the good news: There were that. But at the end of the day, we words of great wisdom, and not just for about 120,000 private sector jobs cre- must put financial protection of con- clean air legislation but also today. ated last month. About 100,000 jobs

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19066 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 were created the month before and riod more than 400,000 of them died, in- we leave town. We call these the must- roughly 200,000 jobs the month before cluding 291,557 who were killed in ac- pass bills that we have to make sure that. So that is roughly 140,000 jobs per tion. Another 670,846 were wounded in are enacted before Congress adjourns month. We are actually starting to see action. Out of those 16.1 million, today for the year. growth occurring not just over a couple about 1.7 million World War II veterans One, of course, is what President of months, but now for well over a year remain alive. They are carrying the Obama has been talking about. We there has been private sector job cre- torch and the memory of this larger need to deal with the payroll tax issue. ation. It is not the numbers that we group who stepped forward and served We don’t want to see middle-income like, but it is in the right direction. and became known as the ‘‘greatest families finding that on January 1 The other thing we are seeing is a re- generation.’’ their paychecks—the actual amount of growth and rebirth of revitalization oc- It is my profound pleasure and, quite money they take home—are reduced. curring in the manufacturing sector of frankly, my duty to remember all of During this economic time, we want to our economy. Some of you may know them today. Among those 16 million make sure the money remains con- that we have something called a manu- who served, nearly 8 million were able stant, and we don’t want to see addi- facturing index. If it sits at 50, it to take advantage of the World War II tional burdens placed on middle-in- means the manufacturing sector is not GI bill. It was my honor to have intro- come families. growing, and it is not shrinking. I duced a similar GI bill on my first day We all know we have to deal with the think it has been over 50 for about 25 in the Senate in 2007. Within 16 Medicare extenders, including the phy- consecutive months. months, our body and the other body sicians problem. We have a flawed sys- We are seeing a resurgence of manu- had come together to agree on an edu- tem for reimbursing physicians that facturing in this country, which en- cational package that would allow causes a substantial reduction in rates courages me to believe that what the those who served since 9/11 to have the physicians receive—a 27-percent reduc- President is trying to do, to double ex- same chance at a first-class future as tion. That would affect not only the ports over a 5-year period of time, is those who served during World War II. fairness of our reimbursement system not just a pipe dream. It is something It is a program that will pay their tui- to our doctors, but it would also affect that might just happen. It is aided by tion, buy their books, and give them a the access Medicare patients have to the three free-trade agreements that monthly stipend. physicians. So we need to absolutely we passed in the last month or two. On this day of remembrance, for take care of that issue. We have the Omnibus appropriations On those happier notes, I want to say those who served during World War II, bill. I certainly hope that is going to be thank you, Mr. President, for allowing we should also remember that for every an appropriations bill so we can give me to talk about some leadership that dollar that was spent on the World War some predictability through the re- is needed and the willingness to com- II GI bill, our Treasury received $7 in mainder of this fiscal year. We have to promise if we cannot get Mr. Cordray tax reimbursements because of the get that done before we adjourn for the confirmed this week. ability of the ‘‘greatest generation’’ to holidays. I yield the floor. have successful careers and to con- We also need to pass the tax extend- The PRESIDING OFFICER. The Sen- tribute to our economy. ers. I know the Presiding Officer has ator from Virginia. So today I would just like to say, as been very actively involved in the en- f one of many of us here who are the ergy extenders, knowing full well the next generation from the ‘‘greatest PEARL HARBOR DAY importance not only to New Mexico generation,’’ how thankful I am for the but to our entire country. Those ex- Mr. WEBB. Mr. President, 70 years service they gave and for the example tenders need to be passed because, if ago today at 0745 in the morning in Ha- they set when they returned from war. not, we lose jobs. This involves the waii—where it is now about 0840 in the For many of us—me—they were our ability to move forward with sustain- morning—our country was attacked at parents, they were our mentors, they able energy projects that will mean Pearl Harbor bringing us into World were our role models, they were our jobs in our communities and energy War II. It was a war that had been on- leaders as we ourselves matured into self-sufficiency for America. going in Europe for more than 3 years, leaders. They taught us how to love our But I wish to take this time to talk and in Asia, in different forms, for a country. They taught us how to value about another must-pass bill before we much longer period, probably 7 to 8 the notion of service. Their legacy is in adjourn for the year; that is, the exten- years. every area of our society today. sion of the unemployment insurance. It This began a national effort that was We honor them and we should re- is absolutely essential that we get that historically unprecedented in its unity solve, all of us, to continue in the tra- done before Congress adjourns for the and in its vigor in which the United ditions that were imbued in us by their year. States astounded the world in terms of sacrifices and the example they set I think we have to make it clear that its capacity to respond to this attack when they returned from a most dif- this extension will mean providing the on many different fronts. Our economic ficult war. same number of weeks of unemploy- production was staggering by 1943. Our I yield the floor and suggest the ab- ment insurance for those who are cur- production schedule included 125,000 sence of a quorum. rently in the system—those who have aircraft, 75,000 tanks, 35,000 anti- The PRESIDING OFFICER. The lost their jobs—that we have had for aircraft guns, and 10 million tons of clerk will call the roll. the last couple of years for those who merchant shipping. The assistant legislative clerk pro- have been caught up in this economic During the course of that war, the ceeded to call the roll. downturn. We are not extending be- productive capacity of this country Mr. CARDIN. Mr. President, I ask yond what the unemployed have al- gave our allied forces more than half of unanimous consent that the order for ready received. So we are basically ex- all of its armaments, including 86 per- the quorum call be rescinded. tending the current policy because we cent of the armaments that were used The PRESIDING OFFICER. Without are still in a very difficult economic in response to the Japanese attack on objection, it is so ordered. circumstance. Pearl Harbor. f For every job that is open, there are I rise today to express my thanks and four people who apply for it. So it is my appreciation to the men and women MUST-PASS LEGISLATION very difficult for someone who is un- of that generation who stepped forward Mr. CARDIN. Mr. President, I take employed to be able to find employ- and responded to the call of service in this time because we are in the last, we ment. As I know and as the Presiding this period. During World War II more hope, few days before we adjourn for Officer knows, if a person is unem- than 16 million Americans stepped for- the holidays. There are certain pieces ployed and looking for work, it is much ward to serve our country. In that pe- of legislation we must get done before more difficult.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19067 For all of those reasons, the right and having a good time listening to de- after investigation disclosed that. No thing to do is to acknowledge that the lightful Hawaiian music. Suddenly, at sabotage, no espionage, no assault— number of weeks of benefits should not about this time—1:55 p.m. here—the nothing. They were rounded up and be reduced at this period, that those disc jockey in charge of that program placed into these camps, which were who are currently in the system who began screaming, yelling into the described by our government as con- have lost their jobs should be able to mike. He was saying: ‘‘The Japanese centration camps. Yes, it was unconsti- get the same number of benefits that are bombing Pearl Harbor!’’ He kept on tutional, but our leaders felt the war earlier unemployed people were able to repeating that. For a moment, I was a justification to set aside the Con- get during this economic period. That thought it was a repeat or replay of stitution and set aside the laws. is what this legislation would do. Orson Welles, which my colleagues will Well, many of us—especially the Unemployment insurance is an insur- recall was the program that was a young ones—were very eager to dem- ance program. During good times, we mighty hit in the United States. onstrate to our neighbors and to our pay more into the system. During eco- The disc jockey kept on doing this government that we were loyal, that nomic downturns, we take the money for about 5 minutes—no music, just we wanted to do our part in this war, out of the system. It is countercyclical screaming—so I decided to take my fa- and, if necessary, put our lives on the so that we help our economy as well as ther out on the street and look toward line. We petitioned the government. Fi- help our families. Pearl Harbor. We could see these black nally, after about a year of petitioning, This is the right thing to do. This is puffs, and then we knew what was hap- President Roosevelt issued a statement the only lifeline for many families. pening. Suddenly, while watching these saying: Americanism is not a matter of This represents their ability to be able black puffs of explosions, we could hear blood or color. Americanism is a mat- to put food on the table for their fami- a rumble just overhead, and there were ter of heart and soul. He said: OK, form lies or to keep their home from going three aircraft. They were pearl gray in a volunteer group. And that was done. into foreclosure or to pay their rent or color, and they had red dots on the We trained in Mississippi and we did to take care of their family needs. This wings. I knew what was happening, and our best. is the right thing to do from the point I thought the world had just come to The 100th Battalion, the 442nd Regi- of view of families who have been an end. Just about 2,400 American sail- mental Combat Team were assigned to caught up in this economic period. ors and soldiers and noncombatants do our battles in Europe. We fought in It also, by the way, would affect mil- died that morning. Italy and France. We started off the lions of our families. Over the next I was a young man of 17 at that time, war with about 6,000 men. At the end, year, if we were not to extend the un- but I was also a volunteer medical aid over 12,000 had gone through the ranks. employment insurance benefits, it is man. We had a little aid station—a So you can imagine the casualty rates. estimated that 6 million families would temporary one—set up by the elemen- We had about 10,000 Purple Hearts for be denied their full benefits that they tary school called Lunalilo. So I rushed all the wounds they received. We were are receiving currently—6 million fam- there to respond to the call of duty, told that these two units became the ilies—and each one is a family in our and I stayed there for about a week most decorated in the history of the community who would be adversely af- taking care of the wounded and the United States. dead, because we also maintained a fected. Yes, the bombing of Pearl Harbor 70 morgue on the school premises. It also helps our economy. Mark years ago began a period of my life I became familiar with the cost of Zandi, who was the economic adviser when I became an adult and, I hope, a war—not the full cost, but I knew what for then-Presidential candidate Sen- good American. It is something I will was happening. The war was much ator MCCAIN, said that for every dollar never forget. It changed my life for- more than just blood and guts. We have we put out into the economy for unem- ever. ployment benefits, we get back $1.61 in an extraordinary Constitution. We Something of interest at this mo- our economy. The multiplier effect of have an extraordinary set of laws. But ment: 20 years ago, when we decided to unemployment compensation is posi- throughout the history of mankind— make it a national event—the 50th an- tive to our economy. So, once again, not just the history of the United niversary of the bombing of Pearl Har- when we are trying to stimulate job States but the history of mankind— bor—on that morning, the President growth, this helps us. How does it help war has always provided some jus- was there. The Secretary of Defense, us? The people who receive unemploy- tification for leaders to set aside these the Secretary of War, the Secretaries ment benefits visit our local shops, our laws. For example, on just about of the Interior Department, State De- small businesses in our communities, Christmas Eve of 1941, about 3 weeks partment—all of the important people keeping our economy moving, keeping after December 7, the U.S. Government of the United States were in attend- our path forward to job growth. made a decision, and that decision was ance. For all of those reasons—for the fact to provide a new designation for all that it is the right thing to do for fami- Japanese residing in the United States. In preparation of this, we took a poll, lies and for what the intent of unem- Citizens and noncitizens, such as my about 6 months before December 7, and ployment insurance is all about—it is father, were given the new designation, the poll was among high school seniors, the right thing for us to do because it which was 4–C. well-educated young boys and girls. helps our economy. This must be on As the Presiding Officer knows, 1–A The question was a very simple one: our list of must-pass legislation. We means you are physically fit, mentally What is the significance of December 7, have to get this done before we adjourn alert, and you can put on a uniform; 4– 1941? for the year. F means something is wrong with you; Mr. President, I am sad to report to With that, I yield the floor. and 4–C is the designation for an you that less than half could respond. The PRESIDING OFFICER. The Sen- ‘‘enemy alien.’’ Just imagine that—an Most of them thought it was a birthday ator from Hawaii. enemy alien. This was used as one of of some President or some historic date of some nature, but they could not re- f the justifications to round up over 120,000 Japanese, most of them Ameri- call what it was. PEARL HARBOR DAY cans of Japanese ancestry, and place On this 70th anniversary, I wonder, if Mr. INOUYE. Mr. President, today is them into these internment camps. that poll were taken again, What would December 7, 2011. Seventy years ago, There were 10 of them throughout the be the outcome? something happened in Pearl Harbor. I United States in very desolate areas— Well, I hope we will remember De- shall never forget that day because it Arkansas, Arizona, Utah, out in the cember 7. I hope we will remember 9/11. was a Sunday, and, as were many deserts. Their crime was they were That was just a few years ago. But peo- Americans, I was preparing to go to ‘‘enemy aliens.’’ None of them had ple are beginning to forget 9/11, as well church. I was putting on my necktie committed any crime. Investigation as forgetting December 7.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19068 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 If December 7 is going to teach us to mention the several aircraft I de- ratification of the New START treaty. anything, it should be that we must re- stroyed at taxpayers’ expense in pre- In that debate, we spent a lot of time main vigilant at all times—not just to vious times. discussing the Russian threat to with- avoid war but vigilant among ourselves So I thank my dear friend from Ne- draw from the treaty if the United so we would not use this as a justifica- vada, as well, for his kind words. States took any further steps to build tion to set aside our most honored doc- The PRESIDING OFFICER. The ma- up its missile defense capabilities. Spe- ument, the Constitution. I hope it will jority leader. cifically, the Russian Government stat- never happen again. Mr. REID. Mr. President, I appreciate ed that the New START treaty ‘‘may Mr. President, I thank you very the humility of my friend. I have heard be effective and viable only in condi- much for this opportunity. him say words to this effect before. The tions where there is no qualitative or I yield the floor. fact is, what he did after the plane quantitative build-up in the missile de- The PRESIDING OFFICER (Mr. went down is what we all will remem- fense system capabilities of the United CARDIN). The Senator from Arizona. ber. As long as our country is the coun- States of America.’’ The Russian Gov- Mr. MCCAIN. Mr. President, I am try it is, we will always remember ernment stated that in the ratification very moved by the words of the Sen- what happened after that plane went of the treaty. They went on to say that ator from Hawaii—not only his words down, what JOHN MCCAIN did, setting if those conditions were not met, Rus- but the example he has set for all an example for the world and certainly sia would exercise its right to with- Americans of heroism and sacrifice and his country. draw from the treaty. service to his country, and a most val- The PRESIDING OFFICER. The Sen- Many of us felt strongly at the time, ued Member of the U.S. Senate but, ator from Arizona. and feel strongly now, that it was a Mr. MCCAIN. Mr. President, I ask to more importantly, a genuine American mistake to ratify a treaty on which the speak in morning business. hero. The PRESIDING OFFICER. The Sen- two signatories had two completely I thank the Senator from Hawaii for ator is recognized. antithetical positions about the impli- his continued service and his continued cations of that treaty, particularly as inspiration to all Americans, especially f it pertains to one of our most vital na- those who are serving in the military RUSSIA tional security programs—our missile today. Mr. MCCAIN. Mr. President, I rise to defenses. Some of us thought and ar- Mr. REID. Mr. President, would my speak about Russia, and to review— gued at the time that the United friend yield for a brief statement. particularly, in light of the recent elec- States should not voluntarily sign up Mr. MCCAIN. I would be glad to yield. tion in Russia and the relationship we to a treaty that would likely be used The PRESIDING OFFICER. The ma- have—the state of what this adminis- by the Russian Government as a source jority leader. tration has trumpeted as a so-called of political pressure and blackmail to Mr. REID. Mr. President, I, like my reset of U.S.-Russia relations, espe- get us to make concessions on our mis- friend from Arizona, compliment my cially in light of the flawed Duma elec- sile defenses. friend from Hawaii. But I think it tion that occurred this weekend, and in Well, here we are, 1 year later, and speaks volumes to hear Senator JOHN light of my strong belief that the grow- let’s review some of what the Russian MCCAIN talk about a hero. It is a hero ing demand for dignity and uncorrupt Government has been saying and doing talking about a hero. Far too rarely do governance that has defined the Arab in this regard. we recognize these people whom we world this year may impact Russia as On November 23, we read an article have the opportunity to serve with well. from Bloomberg entitled ‘‘Russia Pre- here in the U.S. Senate. Let me once again make clear that I pares to ‘Destroy’ U.S. Shield.’’ This is When I came here with Senator am not opposed to U.S. engagement what it said: MCCAIN—we came at the same time— with Russia. I am not opposed to work- Russian President Dmitry Medvedev or- we had a lot of people who were war ing consistently in good faith with dered the military to prepare the capability veterans. It is not the case anymore. Russia to find more ways to improve to ‘‘destroy’’ the command structure of the But I so appreciate JOHN MCCAIN—a our relationship. To the contrary, we planned U.S. missile-defense system in Eu- certified, unqualified hero—standing rope. must continue to actively seek ways to Russia may also station strike missiles on and talking about DAN INOUYE being a cooperate with Russia in mutually ben- its southern and western flanks, including hero. This says, I repeat, volumes com- eficial ways. It is in our national inter- Iskander rockets in the Kaliningrad exclave ing from someone who is a hero him- est to do so. And whatever can be said between Poland and Lithuania, both mem- self. about the administration’s policy to- bers of the North Atlantic Treaty Organiza- I have such admiration for both of ward Russia, no one can accuse them of tion and the European Union, Medvedev said these men. For someone who has never a lack of sincerity and diligence in try- on state television today. ‘‘I have ordered the armed forces to de- served in the military, to have the ing to increase cooperation with Rus- pleasure of being able to serve and velop measures to ensure, if necessary, that sia. we can destroy the command and control work together with these two men will I would simply ask, What has been systems’’ of the U.S. shield, Medvedev said. be something I will remember the rest accomplished? What has been the re- ‘‘These measures are appropriate, effective of my life. sult of the administration’s good-faith and low-cost.’’ The PRESIDING OFFICER. The Sen- desire for a so-called reset of relations On the same day, we read the fol- ator from Arizona. with Russia? The answer, I am afraid, lowing in an article in the New York Mr. MCCAIN. Mr. President, I am is precious little. Yes, there have been Times entitled ‘‘Russia Elevates Warn- deeply touched by the kind and some areas of progress, but even those ing About U.S. Missile-Defense Plan in undeserved words of my old friend of minor steps may now be getting rolled Europe.’’ I quote from the article: many years, the distinguished majority back. Russia will deploy its own missiles and leader. We have had our spirited com- There has been a lot of news recently could withdraw from the New Start nuclear bat and our agreements, but we share a pertaining to our relationship with arms reduction treaty if the United States commitment—the two of us—for the Russia and Russia’s future develop- moves forward with its plans for a missile- betterment of this Nation. ment, which my colleagues may have defense system in Europe, President Dmitri I also remind my friend from Nevada missed. It is very important to spend A. Medvedev warned on Wednesday. what he already knows, but I remind some time today and review these new ‘‘I have set the task to the armed forces to him, it does not take a great deal of develop measures for disabling missile-de- developments. fense data and control systems,’’ Mr. talent to get shot down. I was able to Let’s start with the issue of missile Medvedev said. . . . intercept a surface-to-air missile with defense. But it was Mr. Medvedev’s comments my own airplane, which will not go My colleagues will remember the de- about the New Start treaty, put into effect down in the Aviation Hall of Fame, not bate we had here last year over the this year, that suggested a darkening tone in

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00018 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19069 what has been a steady drumbeat of warn- I think it is safe to say that the ef- was an ordinary man. But he became ings out of Moscow in recent days over the fect to date of the New START treaty an extraordinary champion of justice plans for a missile-defense system based in on the U.S.-Russia relationship is rath- and the rule of law in a Russia where Europe. er less positive than originally adver- ‘‘In the case of unfavorable development of those principles have lost nearly all the situation, Russia reserves the right to tised. The problems in our relationship meaning. discontinue further steps in the field of dis- with Russia go well beyond missile de- What Magnitsky uncovered was that armament and arms control,’’ Mr. Medvedev fense, as important as that is. In recent a collection of Russian Government of- said in a televised address from his residence months, as the Assad regime in Syria ficials and criminals associated with outside Moscow. ‘‘Given the intrinsic link has slaughtered roughly 4,000 of its own them colluded to defraud the Russian between the strategic offensive and defensive citizens who are seeking a democratic state of $230 million. The Russian Gov- arms, conditions for our withdrawal from the future, what has been the Russian Gov- ernment, in turn, blamed the crime on New START treaty could also arise,’’ he ernment’s response? With the help of Hermitage Capital and threw said. China, Russia has been absolutely Magnitsky in prison in 2008. Magnitsky If all this were not troubling enough, shameless in blocking any serious ac- was detained for 11 months without we then read on November 28 an article tion in the United Nations Security trial. from a Russian state news agency enti- Council, including by vetoing a tooth- Russian officials, especially from the tled ‘‘Russia’s NATO Envoy to Visit less security resolution that would not interior ministry, pressured Magnitsky China, Iran, Over Missile Defense.’’ have even imposed sanctions but mere- to deny what he had uncovered, to lie Here is what was reported: ly hinted at the possibility of sanc- and recant. But he refused. He was Russian envoy to NATO Dmitry Rogozin tions. At the same time, while the sickened by what his government had will visit China and Iran in mid-January to Assad regime’s bloody rampage has done and he refused to surrender. As a discuss a U.S.-backed global missile defense network. continued against the Syrian people, result, he was transferred to increas- ‘‘We are planning to visit both Beijing and the Russian Government has continued ingly more severe and more horrific Tehran soon under the Russian president’s to serve as its primary supplier of prison conditions. He was forced to eat directive, to discuss the planned deployment weaponry. In fact, last week in a story unclean food and drink unclear water. of a global missile defense network,’’ entitled ‘‘Russia Delivers Missiles to He was denied basic medical care even Rogozin said during a roundtable meeting at Syria,’’ AFP reported that despite the as his health continued to deteriorate. the lower house of the Russian parliament. brutal violence of the Assad regime, In fact, he was placed in even worse On November 28, the Russian Govern- and over Israel’s strenuous objections, conditions until, on November 16, 2009, ment went even further, not just using Russia delivered 72 supersonic cruise having served 358 days in prison, Sergei the New START treaty to try to black- missiles to the Syrian Government Magnitsky died. He was 37 years old. mail us into weakening our missile de- worth at least $300 million. The Magnitsky case shined a light on fenses but threatening to cut off Then there is Russia’s continued in- the tragic realities of human rights NATO’s supply routes into Afghanistan terference in the sovereign territory abuses in Russia today, and the over- as well, which was another area of lim- and internal affairs of the Republic of whelming cruelty and injustice that ited progress that the administration Georgia, a country that the Russian Magnitsky endured has made it impos- hailed as part of its so-called reset pol- military invaded in 2008 and continues sible for the government and the people icy. This is how the Wall Street Jour- to occupy to this day. Two weeks ago of Russia to ignore. Even the Public nal described it last Monday in an arti- there was a Presidential election in the Oversight Commission of the City of cle entitled ‘‘Russia Considers Block- breakaway state of South Ossetia, Moscow for the Control of the Observ- ing NATO Supply Routes.’’ which is part of Georgia’s sovereign ance of Human Rights in Places of Russia said it may not let NATO use its territory. But when Moscow’s preferred Forced Detention, a Russian organiza- territory to supply troops in Afghanistan if candidate was overwhelmingly de- tion empowered by Russian law to the alliance doesn’t seriously consider its ob- feated in those elections, the supreme independently monitor the country’s jections to a U.S.-led missile shield for Eu- court of this Russian proxy state de- prison conditions, concluded the fol- rope, Russia’s ambassador to NATO said clared the results illegal and nullified lowing in a report this year: Monday. If NATO does not give a serious response, the vote. Russian parliamentarians ap- A man who is kept in custody and is being ‘‘we have to address matters in relations in plauded. detained is not capable of using all of the other areas,’’ Russian news services reported Finally, there is the unfortunate necessary means to protect either his life or Dmitri Rogozin, ambassador to NATO, as issue of Russia’s backsliding on human his health. This is a responsibility of a state saying. He added that Russia’s cooperation rights and democracy. A few months which holds him captive. Therefore, the case on Afghanistan may be an area for review, ago, President Medvedev announced, as of Sergei Magnitsky can be described as a the news services reported. we all know, that he would step aside breach of the right to life. The members of the civic supervisory commission have So let me summarize: After being as- in Russia’s election next year so that reached the conclusion that Magnitsky had sured that the New START treaty Vladimir Putin could once again run been experiencing both psychological and would contribute to the improvement for the Presidency. Some see this as a physical pressure in custody, and the condi- of U.S.-Russia relations, and that the sign that Putin will come back. I ob- tions in some of the wards . . . can be justifi- Russian Government would not use the ject to that characterization, because I ably called torturous. The people responsible treaty against us as blackmail, we are do not believe Putin ever left. He has for this must be punished. now in a situation where the President been running things in Russia with no The case of Sergei Magnitsky is but of Russia is threatening to deploy bal- less informal power than he had as an extreme example of a problem that listic missiles to destroy U.S. missile President. is all too common in Russia today, the defense systems in Europe; where he is Not surprisingly, over the past 3 flagrant violations of human rights and openly threatening to withdraw his years, the state of human rights and the rule of law committed by the Rus- government from the New START trea- freedom in that country has gotten no sian Government and its allies outside ty if the United States does not make better. In fact, things have gotten of government. We have seen the prob- unacceptable concessions on its missile worse. Perhaps the clearest evidence of lem in the show trial of Mikhail defense programs; and where the Rus- this fact is the tragic and heart- Khordokovsky, which I would remind sian Ambassador to NATO is threat- breaking case of Sergei Magnitsky, a my colleagues was unfolding at the ening to cut off NATO’s supply routes Russian tax attorney working for an exact same time that this body was de- to Afghanistan and planning to visit international company, Hermitage bating the ratification of the New China and Iran with the purpose of Capital, that had invested in Russia. START treaty last December. deepening Russia’s cooperation with Magnitsky did not spend his life as a After the Russian Government stole those governments against U.S. missile human rights activist or an outspoken Khordokovsky’s oil company, it then defenses. critic of the Russian Government. He turned around and charged him for the

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19070 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 crime. Even more absurdly, as he was Despite the fact that the recent actions of the Russian Government nearing the end of his 8-year prison Duma election fell short of inter- cannot be separated from its character. sentence, the Russian state then national standards and violated Rus- In fact, as Russia’s Government grows charged him again for virtually the sia’s law, substantially fewer Russian less tolerant of its own people’s rights same crime. Before the judge had even voters chose to cast their vote for at home, we should not be surprised if handed down his verdict, Prime Min- Putin’s party, including in its strong- it treats us the same way. ister Putin said, Khordokovsky hold and home base of St. Petersburg. As I have said before, I believe we ‘‘should sit in jail.’’ And lo and behold, This frustration has subsequently need greater realism about Russia, but that is exactly what the judge ulti- poured into the streets where Russian that is not the same as pessimism or mately ruled, sentencing citizens have peacefully sought to dem- cynicism or demonization. I am ulti- Khodorkovsky to 5 additional years in onstrate against the recent election mately an optimist, and I often find prison on top of the 8 years he had al- fraud. The Russian Government has re- sources for hope in the most hopeless ready served. sponded, in turn, by arresting hundreds of places. Earlier this year, not surprisingly, of opposition leaders, democracy and One year ago, after languishing in Khodorkovsky lost his appeal of this human rights activists, journalists, prison for 7 years and facing the near ruling. In a report released this year, and other members of civil society, in- certainty of enduring many more, Mi- Freedom House concluded that the cluding Boris Nemtsov, Alexey khail Khodorkovsky spoke before his cases of Magnitsky and Khodorkovsky: Navalny, and Ilya Yashin. Those men sentencing about the hopes of the Rus- Put an international spotlight on the Rus- and women are exercising universal sian people as they watched his trial. sian state’s contempt for the rule of law. . . . human rights and fundamental free- He said: By silencing influential and accomplished doms which should not be a crime in figures such as Khodorkovsky and They are watching with the hope that Rus- Magnitsky, the Russian authorities have any country. sia will after all become a country of free- made it abundantly clear that anyone in I call on the Government of Russia to dom and of the law. Where supporting oppo- Russia can be silenced. release every Russian citizen who is sition parties will cease being a cause for re- prisals. Where the special services will pro- The violations of human rights in unjustly detained for political purposes and to clarify the whereabouts and tect the people and the law, and not the bu- Russia also extend to the deep and reaucracy from the people and the law. worsening problem of corruption, conditions of those individuals. Mr. President, throughout this year, Where human rights will no longer depend on which perhaps as much as any other the mood of the tsar, good or evil. Where, on issue mobilizes the frustration and I have said that the demand for dig- the contrary, the power will truly be depend- anger of the Russian public. In its an- nity, justice, and democracy that is ent on the citizens and the court, only on nual index of perceptions of corruption, shaking the Arab world to its founda- law and God. For me, as for anybody, it is the independent organization Trans- tions will not be confined to that one hard to live in jail, and I do not want to die parency International ranked Russia region alone. It will spread. It will in- there. But if I have to, I will not hesitate. The things I believe in are worth dying for. 154th out of 178 countries. That means spire others. It will demonstrate to that Russia is perceived as more cor- others that the frustrations, indig- That there are still men and women rupt than Pakistan, Yemen, and nities, and lack of hope they may feel of such spirit in Russia is cause for Zimbabwe. The World Bank considers today need not be the realities they en- hope. And eventually—maybe not this 122 countries to be better places to do dure tomorrow. They can change those year or next year or the year after that business than Russia. I would point out realities. They can change their des- but eventually—the Russian people that one of those countries is the Re- tiny. They can change their countries. will have a government that is worthy public of Georgia, which is ranked 12th And it appears that message may be of their aspirations, for equal justice by the World Bank. resonating with the people in Russia. can be delayed and human dignity can When we consider the pattern of cor- We should hope that it does resonate be denied but not forever. ruption and abuse the Russian Govern- and resonate in a peaceful manner, be- I yield the floor. ment has perpetrated over many years, cause we agree with a growing number The PRESIDING OFFICER. The Sen- it is not surprising to see the out- of Russians who clearly believe they ator from Hawaii. pouring of anger and dissatisfaction deserve better. They deserve a govern- Mr. INOUYE. Mr. President, I thank that Russian voters expressed in this ment that respects and responds to my most distinguished friend from Ari- weekend’s parliamentary elections. their aspirations for a better life. They zona for his generous, warm, and Unfortunately, the conduct of that deserve the power to freely elect their friendly remarks. They mean a lot to election and especially its aftermath own leaders. me. I will never forget them. I thank has only validated the growing frustra- The political development of Russia the Senator very much. tion that Russians feel for their rulers. is more than an issue of moral prin- Mr. AKAKA. Mr. President, I rise Before the ballots were even cast, a ciple for the United States. It is closely today in observation of the surprise at- noted Russian election monitoring or- tied to our national interests. We have tack that the Empire of Japan ganization called Golos was subjected seen in the past that when autocratic launched on the U.S. military bases in to intimidation, harassment, political governments feel they are losing legit- Hawaii 70 years ago. The attack was pressure, and fines. The subsequent imacy among their people at home, concentrated on the Pearl Harbor election has been criticized by impar- they try to demonize others, both in Naval Base, where over 2,400 coura- tial international observers, including their country and beyond it, and redi- geous sailors, soldiers, and marines the Organization for Security and Co- rect their public’s anger against imagi- lost their lives. Each year, close to 11⁄2 operation in Europe, which docu- nary enemies. We have seen how the million people from across the country mented in its preliminary assessment Putin government has done this in the and around the world visit the memo- numerous irregularities and other ef- past. We have seen its attempts to rials at Pearl Harbor to remember the forts by the government to sway a vote paint the United States and our NATO events of December 7, 1941, and how the in its favor. and other allies as enemies of Russia world was changed forever on that day. Instances of ballot stuffing have been and to lash out against us in the hope As the Sun rose over Pearl Harbor documented. For example, in of mobilizing public support at home. today, solemn prayers were offered and Chechnya, it was reported that 99 per- This is why the growing pattern of con- large crowds gathered to honor the sac- cent of the population participated in frontation from the Russian Govern- rifice made by so many of our brave the election and 99.5 percent of them ment that we have seen in recent young men and women. voted for Putin’s party. That seems a months—over missile defense, resupply The National Park Service and the little suspicious, especially considering efforts into Afghanistan, and other Navy Region Hawaii are hosting the that the Putin government has waged issues—should be so concerning to us 70th Anniversary Pearl Harbor Day years of bloody warfare in Chechnya. and why we must understand that the Commemoration at the Pearl Harbor

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19071 Visitor Center to recognize those who May God bless all of those who have and away. None are even close. The bravely survived the attacks and to re- served to protect our shores, and God next two schools, when it comes to member the thousands more who gave bless America. Federal aid to education, are also for- their lives in service to their country The PRESIDING OFFICER. The Sen- profit colleges. that day. ator from Vermont is recognized. While Federal spending on student Representative CHARLES WILLIAM (The remarks of Mr. SANDERS per- aid has seen a huge increase, there has ‘‘BILL’’ YOUNG from Florida will be rep- taining to the introduction of S. 1960 been very little accountability when it resenting Congress at the commemora- are printed in today’s RECORD under comes to these for-profit schools. tion ceremony accompanied by William ‘‘Statements on Introduced Bills and Worse yet, almost no information has Muehleib, the president of the Pearl Joint Resolutions.’’ ) been available about whether the stu- Harbor Survivors Association, and ap- Mr. SANDERS. With that, I yield the dents are actually learning and finding proximately 100 survivors of the at- floor and suggest the absence of a work in their respective fields after tacks, including 8 who were aboard the quorum. graduation. USS Arizona, which lies enshrined at The PRESIDING OFFICER. The In June of last year, Senator TOM the bottom of Pearl Harbor today. The clerk will call the roll. HARKIN—who has joined me in this ef- USS Oklahoma, BB 37, Memorial Execu- The legislative clerk proceeded to fort to look closely at for-profit tive Committee will dedicate a rose call the roll. schools across America—added his granite memorial marker at the Na- Mr. DURBIN. Mr. President, I ask name to a letter we sent to the Govern- tional Memorial Cemetery of the Pa- unanimous consent that the order for ment Accountability Office to study cific at Punchbowl to honor the mem- the quorum call be rescinded. the outcomes for students attending ory of the approximately 355 USS Okla- The PRESIDING OFFICER. Without for-profit colleges. The report has been homa sailors who perished but were objection, it is so ordered. formally released. For-profit colleges never individually identified. The re- f serve—and one could argue they tar- mains of two servicemembers will be get—primarily low-income, nontradi- FOR-PROFIT COLLEGES interred at the USS Utah and the USS tional, and minority students. Arizona so they may again join their Mr. DURBIN. Mr. President, in the For-profit colleges often claim the shipmates in accordance with their school year 2009–2010, the U.S. Depart- reason more of their students can’t wishes. And the Hawaii Air National ment of Education provided $132 billion find jobs and the reason more of their Guard will fly F–22 Raptors over the in grants and loans to students. That students default on student loans is be- memorial sites at Pearl Harbor and was up from $49 billion in 2001—a dra- cause they are trying to provide edu- Hickam Air Force Base in honor of the matic increase in Federal aid to edu- cation to students whom others will fallen. cation. A large part of the increase can not accept. That is their explanation I want to recognize and thank the be traced to one particular type of for higher debt levels and higher de- National Park Service and Navy Re- school: enrollment at for-profit col- fault rates and poorer student out- gion Hawaii for their diligent work and leges. That has grown faster than any comes. Senator HARKIN and I wanted to dedication to ensuring that the legacy other sector. ask the Government Accountability Of- of the thousands of servicemembers Currently, about 10 percent of the fice straight out to take a look at the who perished that day lives on through students pursuing education after high different students in terms of their in- the memorials that stand solemnly at school attend for-profit schools—for- come and background and compare Pearl Harbor. They have done an out- profit colleges and different training outcomes—for-profit schools versus standing job conveying the unwavering schools that offer certification in cer- public universities and private schools. spirit of those who, in the face of per- tain skills and certain professions, 10 Our question was: What does the re- ilous odds, stood their ground and percent. But that 10-percent portion of search show about graduation rates, fought back against the Japanese at- students in America account for 25 per- employment outcomes, student loan tack to save the lives of their brothers cent of all the Federal aid to edu- debt, and default rates for students at in arms. The efforts of these organiza- cation. In other words, dramatically for-profit schools compared to those at tions have helped to make sure that more money is going to those students nonprofit and public schools, taking our country will never forget the tragic than those attending other schools into consideration different student loss that all Americans felt as news of after high school. backgrounds. the attack spread across the Nation. When it comes to the student loan When looking at student debt, one We must continue to remember the defaults, where college students borrow study by the GAO found that 99 per- acts of heroism, bravery, and sacrifice money to go to school and then fail to cent—99 percent—of for-profit college that followed the attack. Our country pay it back, for-profit school students students took out loans, almost all of fought in the name of justice to pre- account for 44 percent of the student them. What is the comparison? Sev- serve our Nation’s sacred freedoms. loan defaults in America. Again, 10 per- enty-two percent of those attending And we must also recognize and thank cent of the students, 25 percent of the public colleges took out loans, with 83 the courageous men and women of our Federal aid to education, and 44 per- percent of those attending private, Armed Forces today who are still fight- cent of student loan defaults are at- nonprofit colleges. ing in the name of those same free- tributable to for-profit schools. When it comes to student loans, the doms. I urge the citizens of this Nation The industry is dominated by 10 pub- for-profit colleges lead all types of to recall that it was the collaboration licly traded for-profit companies. Of schools and universities in the number of a country and the sacrifices made by those 10 companies, they enroll almost of students who are taking out loans. ordinary men and women who rallied half the students in for-profit schools. The GAO found that for-profit college in defense of freedom, liberty, and the So it is dominated by the big players. students have higher rates of unem- great promise of our democracy that The largest, of course, the Apollo ployment when it is all over. When it preserved our Nation’s freedom and lib- Group, University of Phoenix, at one comes to loans and debts, students at erty. It is in that spirit of coming to- point had over 450,000 students enrolled for-profit colleges fare much more gether to save our country that has al- nationwide, more than the combined poorly than their peers attending non- ways produced the strongest results enrollment of all the Big Ten colleges profit or public institutions. Students and made our country great. and universities—a big player when it at for-profit colleges took out more Mr. President, I ask my Senate col- comes to higher education and a big student loans and they generally had leagues to join me in prayer and re- player when it comes to Federal aid to higher loan debt. membrance for the men and women education. The Apollo Group, Univer- Let me tell you about one of those who died in Pearl Harbor and those sity of Phoenix, receives more money students who contacted our office. His who are still fighting overseas today. than any other college in America, far name is Jacob Helms. He attended a

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19072 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 for-profit, online school to earn a bach- thing about student loan debt. Stu- for this student to consolidate loans, elor of computer science degree in dents across America, those who have lower interest rates or pay off the bal- videogame design. When he enrolled, he attended colleges and universities, un- ance. was a little bit apprehensive because of derstand that debt and the burden it Sadly, many students are not in- the cost. You see, this for-profit, online places on their lives. These students formed about the loans they take out. school told him he had to take about have to put off buying homes, starting They do not know the difference be- nine classes a year and each class families, and other major life decisions tween direct loans and private loans. would cost him $1,500. Jacob was con- because of their debt. They do not know this aspect of cerned about the cost, but the school Sadly, many students are not in- nondischargeability in bankruptcy. told him: Don’t worry about it. The formed about the loans they are taking Private loans are even more burden- loans you have to take out will cover out. They do not know the difference some. You see, when a person takes out your entire education. between a direct loan and a private a government student loan, after a pe- With that assurance, Jake enrolled 4 loan, but they should. The one critical riod of time—because of some of the years ago. After about 4 years of at- difference is this. It wasn’t that long decisions made by President Obama tending courses year-round, Jake ago in America where people could bor- and by this Congress—they can be at reached the maximum direct loan row money from the Federal Govern- least limited in their exposure of how amount for independent undergraduate ment to go to college and beyond and much they have to pay each year, 10 students. He had borrowed $57,500. The then declare bankruptcy, so we percent of their income, with certain problem was, he wasn’t finished. He changed the law. We said: That is not qualifications—10 percent, no more. hadn’t completed his required courses. fair. They can’t borrow this money After 10 years, should they take a job He had just run out of the ability to from the Federal government and then as a teacher or nurse, some of their borrow any more money from the gov- refuse to pay it. So student loans from government student loan debt can be ernment. Jake is $57,500 in debt. He has the government were no longer dis- forgiven. no degree and no job prospects. He says chargeable in bankruptcy. This is not true on the private side. all he wants to do is move forward and I thought there was some sense and The money loaned to a student by the start a career—his original goal. Jake justice to that decision. We had cases school, for example, or by some other says the school will provide him with that were reported of students literally institution other than the government no assistance or alternative other than finishing medical school and declaring is not subject to these benefits or lim- to drop out with a debt, no diploma, bankruptcy before they went into prac- its. Students wrack up unmanageable and no job. tice so they didn’t have to pay their amounts of debt, then can’t repay their In fact, Jake didn’t even know he had student loans. That was unacceptable loans or discharge their private stu- reached the maximum level on his Fed- and unfair and it can no longer be dent loans in bankruptcy. eral direct loan limit. He was with- done. Just a few years ago, we changed In September, the Department of drawn from online classes with no ex- the law again and said private college Education released the fiscal year 2009 planation and finally determined that student loans—those are loans from national student loan default rates. It since he could no longer borrow money the university and not from the gov- is a measurement of how many stu- from the Federal Government—he was ernment—were also not dischargeable dents default on their student loans, at the top, with $57,500—they didn’t in bankruptcy. What does that mean? and it gives us a view of the overall want him. When he inquired, the school It means, if a student has incurred a burden of college on students. The told him he had run out of money. debt or if one has signed on to their son rates of students attending for-profit With an annual income of less than or daughter’s college debt, they are on colleges continue to soar well above $25,000 and no other way to pay the tui- the hook. They will have to pay that the rates for students at private and tion, Jake dropped out. He says the off or else. public colleges—4.6 percent of students school’s attitude was very clear: We We asked some of the Federal agen- who attend private schools defaulting got our money; we are done with you. cies: Are you concerned about student on their loans. But students who at- Jake is not alone. Student debt has loan default? They gave a very cold an- tend for-profit schools default at a rate outpaced credit card debt. Imagine swer. They said: No. We will get our almost 31⁄2 times as high, at 15 percent. that. In October of last year—13 money because we will be watching for That is dramatically higher if they at- months ago—for the first time in his- the rest of that person’s life. Every tend for-profit schools. Because their tory, the total amount of student loan time they think they are going to re- debt is higher, their likelihood of a job debt is greater than credit card debt in ceive a Federal income tax refund, we is much less. America. In 2009, the average debt na- will take the check. If necessary, we This says more about the institu- tionally for students at for-profit col- will take their Social Security checks tions than it says about the students. leges was well above those who at- too. That shows this student loan debt Yet there are no repercussions for tended other institutions. Students at can haunt them for a lifetime. schools with high default rates, un- for-profit colleges graduated with an We recently had an e-mail from a less—under new regulations from this average debt of $33,000. At public uni- young man. It was heartbreaking. He administration—they have 25 percent versities, the average was $20,000. At told a story of going to one of the for- default rates for 3 consecutive years. private nonprofits, the average was profit colleges in the Chicago area and This is unacceptable. $27,600. he ended up coming out of college with The recent GAO study recognizes we There are very few penalties for $90,000 in debt, a worthless diploma and have few measures to determine the schools where students incur huge no job. His parents signed a note. Be- quality of education students receive. amounts of debt and can’t repay their cause of the penalties and interest One measure we do have is that stu- loans. More than three in four—that is which accumulated after he had fin- dents at for-profits continue to go 76 percent—of young adults say college ished his education, his debt was now deeper and deeper into debt even has become harder to afford in the past up to $124,000. Both his parents had de- though most of them don’t graduate. 5 years. Nearly as many—73 percent— cided they could no longer afford to re- Of students who began their education say graduates have more student debt tire, as they had planned. They had to at for-profit schools in the 2003–2004 than they can manage. keep working to pay off their son’s stu- school year, only 15 percent had ob- It was interesting to see with this dent loan for an education that turned tained a bachelor’s degree by 2009. Occupy movement—which had many out to be worthless. Again, for-profit schools, over a period different causes, in many different cit- I wish that was the only example I of 6 years, graduate 15 percent. ies—that the one recurring theme, par- knew of, but we have been receiving What about other schools? Sixty-four ticularly from the younger people who more and more examples just like it. percent of students at public colleges were there, was we have to do some- There is no way in this circumstance graduated in that 6-year period of time,

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19073 and 71 percent at private colleges ob- time: Le Cordon Bleu. They bought for us to make sure the schools that re- tained a bachelor’s degree. That is a that name, and they named one of ceive them for the students are real huge difference. A 15-percent gradua- their schools Le Cordon Bleu. We will schools, are graduating students and tion rate at for-profit schools means teach you how to be a superchef, an preparing them for a good life and a students, many of them, are deeply in Iron Chef, whatever chef you want to good job. debt by a margin of almost 6 to 1 are be. But it turns out that they were not f not graduating. They don’t end up with only failing to educate and train the NOMINATION OF RICHARD a diploma. They have the debt, they students, but the students couldn’t get CORDRAY have no diploma, and some of them end jobs, and the students were deep in up with a worthless diploma. debt. Mr. DURBIN. Mr. President, experts The recent Department of Education When Mr. McCullough ended up re- blame credit default swaps and regulations are starting to work. They signing as CEO of Career Education collateralized debt obligations for the are cracking down on aggressive re- Corporation, they found out that only financial crisis. The fact is, these com- cruiting practices. Students are think- 13 of their 49 health, education, and art plicated financial products were based ing harder about where they enroll in design schools—13 of 49—met the 65- on mortgages sold to families who schools. In some cases, students are percent minimum placement rate for couldn’t afford them, credit cards with avoiding for-profit colleges. Every high the reporting period. They had falsified hidden fees, and loans targeted to low- school student in America should read their numbers, and now they are under income individuals with up to 400 per- the summary of the Government Ac- investigation. They should be. We need cent interest rates. The financial regu- countability Office report on for-profit to get to the bottom of it. If they are lators ignored their responsibility to schools before they even consider en- lying to the students, something has to protect consumers from these preda- rolling in one of those schools. happen. tory practices. Because there was not Some of the schools are starting to First, they shouldn’t be qualified for one regulator solely responsible for ask questions on their own about the Federal student loans or Pell grants. If consumer protection, the financial reg- way they do business, and they have they are not graduating students into ulators pointed their fingers at the come to me—many of these schools— jobs, then they ought to be held to other guy when the system collapsed. pleading with me, saying: You are just higher standards. And the students Consumers lost $17 trillion in house- talking about the bad guys. We are the shouldn’t be misled into believing that hold wealth and retirement savings al- good guys. if they can get a Federal loan at a most overnight. Well, prove it. Prove it. Make certain school, it has to be a good school. That is why a bipartisan group of 60 that students are getting an education Secondly, there has to be some stand- Senators voted last year to consolidate that is worthwhile. Don’t sink them ard for accreditation. There obviously consumer protection authority into with debt. Stand by them when it is little or no accreditation account- one agency: the Consumer Financial comes to finding a job or at least be ability at this point. You can’t expect Protection Bureau. The CFPB was mindful of what that debt means to a high school student or his parents to given new responsibilities to oversee their lives. be able to look at a school from the nonbank actors who deal in payday More needs to be done to educate outside or look at the Web site and de- loans, prepaid cards, student loans, and families, high school teachers, and high cide whether it is any good. There have credit reporting. school counselors about the choices to be some standards for performance Mr. President, 200 million Americans students face. I hope these companies and excellence when it comes to these rely on credit reporting agencies when will continue to examine their prac- for-profit schools—for every school, for they make a big purchase and some- tices, and I hope the Department of that matter. times when they apply for a job. An es- Education is going to continue moni- Finally, if this school loses its ac- timated 20 million people use payday toring the schools and the way they op- creditation, particularly in the pro- lenders to make ends meet. I wish they erate. grams where it has failed to graduate didn’t, but they do. Many of them face Let me tell you about one such oper- students, I think this school and this up to 400 percent interest rates to ob- ation, the Career Education Corpora- corporation should be held accountable tain these short-term loans. Four mil- tion. I know about this school because for the student loans that have been in- lion Americans have prepaid debit its former CEO came and met with me curred by these students. They didn’t cards. As more companies use these in my office in Chicago and then ap- know they were signing up to go to an types of products instead of checks or peared at a hearing, pleading with me unaccredited school. Their debt is very direct deposit, it is expected that over to give special consideration to his for- real; their diploma is a phony. So it is $670 billion will be loaded into prepaid profit schools, which were different and time for these schools to be held ac- cards in the next few years. More than better and shouldn’t be lumped into countable. $10 billion in private student loans is the category of these schools that are I am sure there are many for-profit given to students, who then face up to exploiting young people coming out of schools that offer a good education, but 15 percent interest rates. I talked high school. I listened to him and basi- there are certainly many that are ex- about a few of them in an earlier state- cally said: Well, I will pay attention to ploiting students today. They are so ment. the way this turns out. good at marketing, you can’t avoid Tens of millions of Americans rely- This gentleman, whose name is Gary them, whether it is on the Internet or ing on nonbanks for their financial McCullough, resigned as the CEO of Ca- television. They are everywhere, every- needs will go without protection unless reer Education Corporation on Novem- where you turn, particularly in low-in- the Consumer Financial Protection Bu- ber 1 after it was reported that his come communities. They are offering reau has the resources it needs to help school had misrepresented its place- ‘‘college’’ to many students who can’t American consumers and a Director. ment rates for its graduates. get into a regular college or university. Earlier this year, President Obama Career Education Corporation is an These students feel they are finally nominated Richard Cordray to be Di- Illinois-based company with over going to get their chance. Little do rector of the Consumer Financial Pro- 100,000 students nationwide. If you have they know that all these for-profit tection Bureau. He was recruited to not heard of Career Education Corpora- schools are looking for is the money lead the Enforcement Division and now tion, you may have heard of some of they can bring to them. When it is all is being asked to move up and take the names of its schools. I saw one of over, they are deep in debt with no job over the directorship. Before joining, them on a bus in Chicago advertising and no place to turn. he served as Ohio’s attorney general, for more students, and it is a familiar What is our responsibility? Remem- recovering billions of dollars in pension name to people who have followed the ber, we put $132 billion a year into Fed- funds on behalf of retirees and taking culinary side of business for a long eral aid to higher education. It is time on the predatory lenders. Mr. Cordray

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The Federal Housing Fi- thinking about what he can do to cre- lent choice, and I strongly support his nance Agency, which oversees Fannie ate jobs and how he can create jobs. nomination. Mae and Freddie Mac, is also led by a Yet we have the greatest shovel-ready Unfortunately, Mr. Cordray is asking single Director with congressional project in the country right in front of to head up a consumer protection agen- oversight. Yet both financial regu- us, and when it comes to that par- cy which, to paraphrase a former col- lators have avoided the political outcry ticular project, for some reason the league on the floor, the banks hate like we are hearing about the Consumer Fi- President is suddenly not interested. I the devil hates holy water. The idea nancial Protection Bureau. think we have to ask the question of that we would give authority to an Really, what we are seeing, I am why that is. I think there are probably agency to watch these financial insti- afraid, is a partisan effort to block a a number of reasons, most of which tutions—payday loan operations and well-qualified nominee. Many intel- have to do with politics and not the the rest—to make certain they don’t ligent, decent, and hard-working Amer- economy and not jobs because clearly exploit American consumers drives icans volunteer to contribute as ap- this is a subject on which there is no these banking interests wild. They pointed public servants. They are well debate when it comes to the job-cre- have done everything they can to stop qualified, but all too often these days, ation potential there, the impact it him from becoming Director and to cut they can’t get through the Senate. would have on the economies of mul- the money available for his Bureau. This has serious consequences on all tiple States in our country and what it They don’t believe there should be con- Federal agencies and our judiciary. would do for the issue of energy secu- sumer protection. Let the buyer be- Yesterday, we saw an incredibly as- rity. ware. They don’t care, at the end of the tonishing Republican filibuster of the The project to which I am referring is day, if innocent people suffer across nomination of Caitlin Halligan to serve the Keystone XL Pipeline. The Key- America. But they should. in the D.C. Circuit Court of Appeals. stone XL Pipeline is a project that has My colleagues claim there won’t be The fact is, those voting against her been under review now for the better any real checks on his power if Mr. nomination couldn’t come up with a part of 3 years. In fact, there have been Cordray is given this position, but he is good reason. She had been found by the two environmental studies. If you look subject to an annual audit by the GAO; ABA to be unanimously ‘‘well quali- at all of the due diligence that has been he has to report to Congress bian- fied,’’ she had an amazing resume, and done, it has clearly been reviewed, it nually; is subject to private sector she was rejected on a filibuster initi- has been analyzed, it has been studied, independent audit; monitored by the ated by the Republican side. That is and it has been scrutinized. It has got- inspector general of the Federal Re- unfortunate. ten to the point now where it is time to serve; the Comptroller General is re- I would just say to my Senate Repub- move forward, time to make a decision quired to annually audit the financial lican colleagues that I think Richard on this. transactions of the Bureau; and is sub- Cordray has the background and expe- Ironically and I think sort of surpris- ject to the Regulatory Flexibility Act, rience to lead this agency. He should be ingly to a lot of people, recently the the Paperwork Reduction Act, the Con- given a chance. I know the banks administration said they are not going gress Review Act, and the Administra- aren’t happy that anybody is watching to decide this now, for 18 months. They tive Procedures Act, to name a few. them. These financial institutions— are going to put it off for 18 months— The Financial Stability Oversight payday lenders and the rest—would interestingly enough, from a timing Council that includes members from rather do their business without any- standpoint, until after the next elec- across the financial sector can review body looking over their shoulders. tion. I think it is unfortunate that is and overturn CFPB regulations. No Holly Petraeus is the wife of General the case because, again, if your No. 1 other agency is subject to having regu- Petraeus. She has been working with priority is job creation, you have one lations under its own jurisdiction over- the Consumer Financial Protection Bu- here ready to go today that could be turned. But that isn’t enough for the reau to stop the exploitation of men under construction, and it would im- special interests that hate the Con- and women in military service. She mediately create 20,000 jobs in this sumer Financial Protection Bureau. came by my office to talk about what country, and it would create $7 billion These are the same players who helped this agency is doing to protect these of investment and a lot of revenue for create the financial crisis that dev- families. Sadly, some of these families State and local governments, many of astated our economy. are exploited so badly that they are which desperately need it. Despite all these measures to ensure forced out of the military and have to In my own State of South Dakota, congressional oversight, those who be discharged. We don’t want that to the Keystone XL Pipeline would tra- couldn’t kill the CFPB outright are de- happen. We don’t want it to happen to verse my State of South Dakota as the termined to destroy its ability to act. American families who unsuspectingly oil that comes from the oil sands area And now, as we finally start to recover find themselves lured into financial ar- up in Canada makes its way down to from this economic crisis, the same rangements that are totally unfair. the refineries and other parts of the special interests are protesting efforts Richard Cordray is competent, quali- country, comes through South Dakota, to require the disclosure of credit card fied, and an honorable public servant. and just in our State alone that would fees, for example. The same banks that He deserves an up-or-down vote. We are be about $1⁄2 billion of economic activ- made billions from selling homes to going to have that vote probably to- ity, meaning hundreds of jobs and rev- families who couldn’t afford them are morrow, and I hope he will be con- enue for a lot of State and local gov- refusing to modify mortgages so fami- firmed and given an opportunity to ernments. lies can stay in their homes. They lead this important agency. This project in my State, like so don’t want to change the structure of Mr. President, I yield the floor. many States where it comes through, the CFPB; they want to destroy its Mr. THUNE. Mr. President, I ask where it impacts—there have been a ability to protect America’s consumers unanimous consent that when I com- number of opportunities for people to and families. They want to go back to plete my remarks, the Senator from be heard, to get their input made on the days of ‘‘heads I win, tails you Wyoming, Mr. BARRASSO, be allowed to this. It has been going on now for 3 lose,’’ back to the days when we didn’t follow me. years. You finally get to a point where have to worry about a regulator enforc- The PRESIDING OFFICER. Without you have to say it is time to make a ing consumer protection laws. objection, it is so ordered. decision one way or the other. Clearly,

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It is an ‘‘all of the months, not waiting until after the word: JOBS. above’’ domestic energy strategy: More next election because it is politically That is what the AFL–CIO is saying. domestic oil, more alternative fuels, expedient to do that, but making a de- Laborers’ International Union of more innovation. It is all these things cision now. Why is that? Because, if it North America says it is: we need when we talk about energy se- does not get done here, that oil from . . . not just a pipeline, but it is a lifeline curity. But clearly in this case, for the oil sands area in Canada will go for thousands of desperate working men and some unexplained reason, the adminis- somewhere else and some other coun- women. tration has concluded that this project try around the world will benefit from You have bipartisan support here in should not go forward. that. It will not be the United States, Congress. You have the working peo- There was a concern raised earlier on it will not be refineries here in this ple, the organizations of this country about the State of Nebraska and the country, it will not be the citizens of that represent working people, weigh- route the pipeline was taking. That America—who have a good relationship ing in saying this is a project that issue has been addressed. The leaders with our neighbor to the north. Canada needs to be approved, that would create in Nebraska—Senator JOHANNS and the is our biggest single trading partner. jobs, that would address some of the Governor of Nebraska—have come to- We do about $640 billion of bilateral economic angst we are feeling in this gether behind an alternative route trade every single year with Canada. It country, and here we are faced with which I believe was agreeable to the makes a lot of sense, if you are think- this unnecessary delay. company, TransCanada, so you can no ing about energy security, if you are We have legislation that has 40 co- longer hide behind that and use that as worried about the dangerous depend- sponsors in the Senate. It was intro- a shield. The legislation we are intro- ence that we have on other countries duced last week. Many of our col- ducing would make, of course, this sub- around the world for our energy needs, leagues have taken the lead: Senator ject to States rights and having States that if we are going to get energy we HOEVEN of North Dakota, Senator such as Nebraska intervene and work get it from a country with which we JOHANNS from Nebraska, Senator MUR- with the company to find this alter- have a good relationship, a country KOWSKI, Senator BARRASSO, who is here native route. It also would ensure and that is friendly and a country with on the floor, and others who believe so require strong environmental protec- which we do a tremendous amount of strongly in the issue of economic tions in the legislation. So that issue is trade. growth, job creation, energy security, something the legislation has ad- If we cannot move forward, it is national security, that we have intro- dressed. going somewhere, probably to Asia, duced a bill that would allow this More than anything else, what it probably to China. China will get the project either, No. 1, to move forward does is it at least forces some action. It benefit. The citizens of China will get or to have to provide a rationale why it at least says we are going to be serious the benefit of this project rather than would not move forward. It is pretty about job creation in this country or having the American people benefit simple, straightforward legislation. It we are not. We are going to support a from all this project would entail if we would allow 60 days from enactment of shovel-ready project that could create could get it approved here. the legislation for a decision to be 20,000 jobs and start immediately or we But we ought to at least make a deci- made about the permit, one way or the are not. All this rhetoric and all the sion. We have all these discussions in other. Either it gets permitted or, on hot air that comes from people here in this country, all the rhetoric coming the contrary, the President gives an Washington, DC, about wanting to cre- from the other side about how it is so explanation as to why it should not be ate jobs, this is putting it to the test. important that we create jobs in this permitted. But at least we get a deci- This is where you have to put up or country. Yet the administration seems sion made so there is some economic shut up when it comes to whether you willing to disregard that and say we certainty for the people behind this are serious about creating jobs in this are going to make what is clearly a po- project, the people who are making country. litical decision and put this off for 18 this investment, about whether it is I hope my colleagues here in the Sen- months until after the next election. going to go forward. ate on both sides of the aisle—because I think it is interesting to note what One thing we hear over and over from I believe this is a bipartisan issue—will some are saying about this, and frank- small businesses across this country— work with us to advance this legisla- ly even what the President himself has and large businesses, job creators—is tion. There is some thinking that per- said as recently as last April about the we need economic certainty. We cannot haps the House of Representatives, the importance of getting energy from continue to operate in this complete other body, may include it in some leg- countries that are stable and friendly. cloud of economic uncertainty if we islation they send us that could be This is something the President said: are going to put investment out there coming this way in the not too distant Importing oil from countries that are sta- and create the jobs that go with that future. ble and friendly is a good thing. investment. If that is the case, I hope we will pick That is something the President of Mr. President, 700,000 barrels a day is that up and act on it because if we are the United States said as recently as the equivalent of what we get daily serious and mean what we say about last April. There is a letter that went from Venezuela. If we could get 700,000 job creation in this country, there is no from 22 congressional Democrats to the barrels of oil today from Canada, a better way than to put some certainty President, telling him that America friendly neighbor to the north, or behind this project. Again, it would be needs the Keystone XL Pipeline. Twen- 700,000 barrels from Venezuela or any one thing if this had not been studied ty-two Democratic Members of the other countries from which we import and overstudied and evaluated and ana- House of Representatives weighed in on oil, it seems so logical and such a no- lyzed and scrutinized—but it has, over this issue. We have had Democratic brainer for us to be able to trade and and over again, now for the better part Senators here as well who weighed in interact and to have this economic re- of 3 years. Mr. President, 700,000 barrels with the administration and weighed in lationship with Canada on this par- of oil today from Canada and the publicly and said this is an important ticular project. It does come across Bakkan region in North Dakota and project that needs to be completed. that way, as I said, in many parts of U.S. refineries or 700,000 barrels of oil You even have the labor unions. Tra- the Dakotas and Montana. It would en- to some other place around the world ditionally you would think of them as courage greater oil production here in that will benefit from it and, just as

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They released updated pay- pretty straightforward issue and one with a shovel-ready project to get peo- roll employment and unemployment where I don’t think there is anything ple back to work. I am reminded what numbers. The Bureau of Labor Statis- but support from the States that are former Speaker of the House NANCY tics data actually shows that health impacted by this, anything but support PELOSI claimed after the health care care employment was up in November. from the leadership, political leader- law was passed. She said it would ‘‘cre- It was up for all the wrong reasons. The ship at the State level and local levels. ate 4 million jobs.’’ She went on to say problem is, the health care law’s exces- I am not suggesting there is—there is ‘‘400,000 jobs almost immediately.’’ sive mandates and burdensome regula- no project that has unanimous support. As we all know, that prediction never tions are prompting the health care in- There are people who oppose this as came true. In fact, the nonpartisan dustry to create additional administra- there are people who oppose almost Congressional Budget Office said the tive jobs, not caregiver jobs. anything that happens in this country. health care law will actually encourage The health care law was supposed to But the huge majority of people I think some people to work fewer hours or to actually work to get more doctors and in the States that are impacted see withdraw from the labor market alto- more nurses and more x-ray techs and this for what it is—a positive, forward- gether. physical therapists to take care of pa- looking project that would address so This past week when the employment tients, but that is not what happened. statistics came out we saw that over many of the important priorities for Now we see it is administrative jobs 300,000 Americans have withdrawn from this country right now: economic that are up, not caregiver jobs. As a the labor market altogether. matter of fact, USA Today printed a growth, job creation, energy security, It is interesting that about the same half-page article, and the title was national security, addressing some of time the health care law was signed, the needs the State and local govern- ‘‘Health Care Jobs Grow . . . in Admin- March 2010, Senator CHUCK SCHUMER, ments have for additional revenue. All the New York Senator, claimed on istration.’’ The article actually talked about a these issues are addressed with regard ‘‘Meet the Press’’: to this project. New Hampshire hospital, and that hos- . . . as people learn about the bill, and now It is mystifying as to why the Presi- that the bill is enacted, it’s going to become pital—according to the article—was dent of the United States and his ad- more and more popular. forced to eliminate 5 percent of its ministration would put this decision In fact, this health care law is less workforce. So we have a hospital elimi- off until 18 months from now after the popular now, today, December 2011, nating 5 percent of the workforce after next election, other than purely and than it was at the time it was signed the State cut Medicaid funding last simply political reasons and motiva- into law. year. So here is a hospital where 5 per- tions. That is wrong for the American We look at all of these predictions cent of the workforce is cut. Many of people. It is wrong for this project. It is that never came true. It has been 20 those workers were nurses and other wrong for jobs. It is wrong for the econ- months. The health care law’s popu- caregivers. When I hear caregivers, I omy. I hope this body, the Senate, will larity remains low. The law is in front think of physical therapists, radiation take steps to rectify that by putting a of the Supreme Court to deal with the technologists, nurse’s aides. date certain out there by which this constitutionality of this government Yet in spite of the fact that they had project is at least acted on, at least de- going into the homes of American peo- to eliminate 5 percent of its workforce, cided, at least permitted or not per- ple, telling them they must buy a prod- they are actually still hiring. How can mitted—hopefully permitted—so these uct. It is clear that Washington Demo- that be? Let’s listen to what the hos- jobs can be created and we can get this crats and the President have miscalcu- pital’s vice president, Mark Whitney economic activity underway in these lated. They made promise after prom- said. He said: many States. ise to the American people. They asked We need to deal with new technology, new I yield the floor. families, they asked businesses all services, new regulations, electronic health The PRESIDING OFFICER (Mr. across the Nation, to trust them. The records, government reporting requirements MERKLEY). The Senator from Wyoming. President promised that if you like on quality . . . a lot of this is related to the new Federal health law. f what you have, you can keep it. The So they are eliminating nursing posi- A SECOND OPINION American people know that promise has been broken. The President said tions, eliminating positions of care- Mr. BARRASSO. Mr. President, I that premiums, health care premiums givers and hiring more people to push come to the floor today as I have so or insurance costs for families would paper. many times since the President’s drop by $2,500 per family per year. We The President and the Democrats in health care bill was signed into law, know that the costs have gone up high- Congress promised their health care with a doctor’s second opinion. I do er than if the law had never been law would expand health insurance that because I practiced medicine in passed in the first place. coverage. Look at what is happening Wyoming, taking care of families from Week after week we hear of more un- now. More and more people are pushing around the State for about a quarter of intended consequences within the law, paper. a century. glitches that are found which show ad- It is interesting that what the Presi- When I talk to patients at home and ditional problems with the law and ad- dent and Democrats did not tell the I talk to people on the street, when I ditional promises of the President American people is that the health talk to folks all around my State and being broken. care law’s oppressive mandates, bur- around the country, what I hear they The American people know that they densome regulations would actually want from a health care law was an op- do not like this health care law. When cause health care employers to lay off portunity to have the care they need you ask them do you think this health or stop hiring the very health care pro- from the doctor they want at a cost care law was passed for you or for fessionals needed to treat patients. they can afford. But what we have got- someone else, most Americans will tell Instead, the health care employers ten in this country through this ad- you that they think it was passed for must be hiring more clerks, more ad- ministration and this health care law someone else. ministrators, more paper pushers, all is a law that is bad for patients, in my Today I want to talk about two spe- in an effort to figure out and then com- opinion; bad for providers, the nurses cific examples of problems with this ply with the health care law’s rules and

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The clerk will call the roll. The CFPB seeks to empower American George Will. The article is titled The assistant legislative clerk pro- consumers to make the best financial ‘‘Choking on Obamacare.’’ The article ceeded to call the roll. decisions for their families, and that talks about the health care law’s Mr. FRANKEN. Mr. President, I ask can only help out our Nation as a crushing insurance mandates and how unanimous consent that the order for whole. those influence both small and large the quorum call be rescinded. Several months ago, on the 1-year businesses in terms of their willingness The PRESIDING OFFICER. Without anniversary of the enactment of Dodd- to actually hire new workers. objection, it is so ordered. Frank, there was good news and bad When we have this kind of record un- f news. The good news was that the employment, such as we are dealing CFPB officially opened its doors. It has CORDRAY NOMINATION with in this country, we want to have already hired staff and begun some of businesses hire more people, get people Mr. FRANKEN. Mr. President, I rise its work. In fact, a while back I met back to work. That is what makes today to strongly support Richard with Mrs. Holly Petraeus, who is head- America grow. That is what helps our Cordray, the President’s nominee to be ing up the Office for Service Member economy, putting people back to work. Director of the Consumer Financial Affairs at CFPB. She wanted to discuss In the article, they use the example Protection Bureau. a few problems that disproportionately of Carl’s Jr. and Hardee’s restaurants. Three years ago our economy was harm members of our armed services. There are about 3,200 of those res- tumbling into the deepest recession We talked about ways to educate taurants around the world. The parent since the Great Depression. In the fall servicemembers about the potential company said they have created about of 2008, the stock market was plum- downfalls of certain types of loans. 70,000 jobs, and they want to hire more meting, unemployment was sky- This is exactly the type of work I am workers. But the CEO of the company, rocketing, and there were daily reports so happy that the CFPB has begun. Andy Puzder, said they cannot hire of yet another financial institution That would be the good news. more workers because they don’t know crumbling. Our economy was in a cha- The bad news is the CFPB still does how much they will need to spend on otic tailspin. That was only 3 years not have a Director. Under Dodd- health care. They are planning to ago. Frank, the CFPB cannot fully do its job until a Director is in place. It can spend about $18 million on health care, Today we are in a slow and tenuous do some things, but it will be limited and they say that is just a guess. recovery. Unemployment is still way If someone is running a business, too high. Millions of Americans are out until the Senate confirms a nominee. they want to be able to figure out what of work and have been for some time. President Obama has nominated Rich- ard Cordray. Rich is an impressive fig- their future costs are going to be, what Long-term unemployment is stagger- ure, and he has my full support. the expenses are going to be, and they ingly high. Retirement accounts are Rich Cordray has been on the front still reeling. Yet in the Halls of Con- would rather have a little more pre- lines protecting homeowners from gress we are dominated by discussions dictability than just guessing. Thanks risky and sometimes illegal practices of our Nation’s debt and deficit. In to the health care law’s complex for- of mortgage servicers. In 2009 he was fact, we are doing little else. These dis- mulas and many regulations which the first State attorney general to take cussions are necessary. We need to have not yet been released and many of on a mortgage servicer for violating tackle our deficits and our long-term the uncertainties that continue to consumer laws. exist, this is a company that is going debt. But as we do, we shouldn’t lose Last year, he continued his strong to have to guess about how much they sight of how we got here. record of standing up for homeowners will need to spend on health care. The lessons we learned in the after- when he represented the people of Ohio What business can afford to guess math of the 2008 crash shouldn’t be so against GMAC Mortgage for signing what one of their largest costs is going quickly forgotten. The crash of 2008 thousands and thousands of affidavits to be? They are guessing they are going was driven in no small part by unfair allowing foreclosures to proceed de- to have to spend about twice the practices in the mortgage industry spite the fact that nobody at the com- amount of money on health care as which led to many consumers being pany had any knowledge of these cases. they did building new restaurants last trapped in loans they didn’t understand So I want Rich Cordray at CFPB to put year. So they talk about building new and couldn’t afford. It should come as his previous expertise to work. restaurants—and those are construc- no surprise that this was as a result of During his tenure as attorney gen- tion jobs and jobs for the people who increasing deregulation of the banking eral, he also took on the credit rating work in the restaurants providing serv- industry. agencies on behalf of Ohio’s pensioners. ices—and they are going to end up So in response, Congress passed the Because of the rating agencies’ reck- spending twice as much on health care Dodd-Frank Wall Street Reform and less behavior, hard-working Ohioans as building new restaurants. It doesn’t Consumer Protection Act. Dodd-Frank, lost over $450 million from their pen- take a lot to realize that hindering a which was passed into law last year, sions. Rich Cordray is exactly the kind company’s ability to build new res- sought to rein in abusive practices, of strong consumer advocate that taurants means fewer available jobs for protect American consumers, and pre- CFPB needs. construction workers and for service vent future meltdowns. One of the Further compounding the bad news is suppliers in a struggling economy. bill’s centerpieces was the establish- that most of my colleagues on the The CEO of the company is right ment of the Consumer Financial Pro- other side of the aisle have vowed to when he says that ‘‘employers every- tection Bureau. The CFPB is the first oppose any nominee until the CFPB is where will be looking to reduce labor Federal financial regulator devoted substantially altered—literally any content in their business models as solely to looking out for the best inter- nominee. They claim that changes to Obamacare makes employees unambig- ests of American consumers and to do the CFPB need to be made before they uously more expensive.’’ so before a crash and before any tax- will even look at a nominee. The pro- If we want to spur the economy and payer-funded bailouts are necessary. posed changes supposedly rectify the economic growth and job creation, The CFPB’s mission is a common- unprecedented authority—unprece- Washington must take its shackles off sense one. The CFPB is tasked with en- dented authority—granted to the CFPB

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00027 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19078 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 and impose real checks on that author- Senator mentioned, there is the date, Mr. CARPER. If you look at the back ity. In fact, the CFPB is subject to un- December 7, 1787. That is the day 30 of the Delaware coin, you might say precedented limitations. It is the only Delawareans, elected delegates, gath- why is Paul Revere on the back of that banking regulator with rules that are ered at the Golden Fleece Tavern in coin? Well, that is not Paul Revere, subject to veto power by a group of Dover and voted unanimously to make that is Caesar Rodney riding the horse other regulators, the only banking reg- Delaware the first State to ratify the from Dover to Philadelphia. For people ulator subject to Small Business Regu- U.S. Constitution. That is why our who are familiar with Dover Air Force latory Enforcement Fairness Act pan- State moniker is— Base, where big planes come in—the C– els, and the only banking regulator Mr. CARPER. The First State. 5s and C–17s that fly all over the with a budgetary cap. Mr. COONS. Yes, the First State. world—as you come in on the approach, We already have had this debate. Mr. CARPER. The small wonder. the runway heading north-northeast to During the consideration of Dodd- Thirty of those guys who were there land, you are very close to flying over Frank last year, there were attempts that day—I would like to say they were an old plantation house where a guy to weaken the CFPB, and those at- drinking hot chocolate. I am not sure named John Dickinson used to live. tempts were defeated. Now the people what they were drinking at the Golden There is a John Dickinson high school who lost that debate are taking a sec- Fleece Tavern, but the outcome was a in Delaware, which was named after ond crack at consumers and trying to good one. For one whole week after him. He was also a guy who was in- bring down this Bureau. Only this that, Delaware was the entire United volved in the Constitutional Congress time, instead of debating on the Senate States of America. Who was next, and also involved in the Declaration of floor, they are hijacking the advice- Pennsylvania? Maybe Pennsylvania, Independence, and the penman of the and-consent function of the Senate. Is maybe New Jersey. Then the rest fol- Revolution. So if you think about it, that a precedent that we want to set? I lowed and I think, for the most part, it there at the Golden Fleece Tavern, the do not believe that is what the Found- turned out pretty well. Constitution was ratified. Caesar Rod- ers of this great Nation conceived when Mr. COONS. One of the things I have ney, from Dover, departing from not they gave this function to the Senate. always been struck by is that it was 11 far from there, casts the tie-breaking I urge my colleagues instead to con- years before that that Delaware actu- vote for the Declaration of Independ- sider this nominee on his merits. Rich ally, on Separation Day, on June 15 of ence, and the penman of the Revolu- Cordray has demonstrated he is look- 1776, acted both to declare its independ- tion, growing up in what is now the ing out for middle-class families. He is ence from Pennsylvania and its inde- Dickinson plantation. There is a lot of looking out for homeowners who have pendence from the King of England, history there, especially for a State been scammed by mortgage servicers. and by doing so acted in an incredibly that doesn’t have a national park. He is looking out for pensioners who risky way because, of course, had the Mr. COONS. Although we have a sen- have lost their pensions at the hands of Continental Congress on July 4 not ior Senator who is tireless in his effec- Wall Street recklessness. He has been chosen to ratify the Declaration of tive advocacy of our State. endorsed by former Republican Senator Independence, Delaware would have Mr. CARPER. Maybe we can do some- and current Ohio attorney general stood alone, and arguably hung alone, thing about that with the Senator’s Mike DeWine. He is exactly—exactly— for having taken the risk of stepping help and that of Congressman CARNEY, the type of person we need at the helm out first. and our colleagues in the Senate and of this critical Bureau, and this Bureau Delaware has a tradition of being the House—and maybe including the cannot do its job until he is confirmed. first—first in declaring its independ- Presiding Officer from North Carolina. I hope my colleagues will reconsider ence and acting to secure its independ- In closing, believe it or not, the eco- their position and instead do what is ence, and in ratifying the Constitution, nomic value of national parks is actu- right for American consumers. I hope which set the whole structure that ally charged for every one of our my colleagues will join me in sup- ended the debate over the Articles of States. porting Rich Cordray to be the first Di- Confederation and moved toward the The most visited sites in the United rector of the Consumer Financial Pro- Federal system, one where we look to States among tourists from foreign tection Bureau. each other as States and look to this countries are our national parks. The I yield the floor and suggest the ab- government for the provision of and economic value to the State of North sence of a quorum. the securing of our liberty through the Carolina—I was told last year—from The PRESIDING OFFICER (Mr. balance of justice and liberty that we their national parks was $700 million. MANCHIN). The clerk will call the roll. rely on so much. What else are we Not bad. The bill clerk proceeded to call the doing to celebrate this great day? Mr. COONS. If I might, later today roll. Mr. CARPER. The Constitution that we are having our first Delaware Day Mr. CARPER. Madam President, I was ratified that day—the thing about reception in one of the Senate build- ask unanimous consent that the order it is that it is the most enduring Con- ings. It is a way for us to promote and for the quorum call be rescinded. stitution of any nation on Earth, the celebrate what is great about Dela- The PRESIDING OFFICER (Mrs. most copied or emulated Constitution ware. HAGAN). Without objection, it is so or- of any nation on Earth as well, and a One of the things I treasure most dered. living document that provides for us to about Delaware is our unique political f change and update as time goes by. It culture—a culture that focuses on con- is remarkable, the role we played in sensus, on reasoned compromise, on DELAWARE DAY getting the ball rolling in this great bringing folks together across from Mr. CARPER. Madam President, country of ours. what is, in some other places, a sharp today is Delaware Day. Something I want to go back to July 1776, if I partisan divide to find reasonable, prin- very important for our State and our can. Not far away from the Golden cipled paths forward to tackling the Nation occurred on December 7, 1787. Fleece Tavern, there was a guy named challenges that face our State. It is Senator COONS is here. I ask him to Caesar Rodney, who rode his horse. that consensus, commonsense approach take a moment and share with our col- Does the Senator want to share that I know my senior Senator brought to leagues what that was all about. What story? his two terms as Governor and has happened then at that Golden Fleece Mr. COONS. That made it possible for brought to the Senate. Our Congress- Tavern? our delegation to be represented in man, who was on national television Mr. COONS. I thank the Senator for Philadelphia and for us to commit to this morning with a Republican co- entering into this colloquy about Dela- the Declaration by breaking a tie be- sponsor of an initiative, has also made ware Day. As some folks may know, if tween the other representatives of that a hallmark of his tenure. I know you look at the Delaware flag, as the Delaware in the Continental Congress. our Governor has as well.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00028 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19079 I wanted to suggest that one of the job security, rising indebtedness, and reau. Again, read the words of the leg- things that makes Delaware unique, disappearing pensions, not to mention islation. It is the Wall Street Reform special, valued, and first isn’t just our sharply higher costs for health care, and Consumer Protection Act. There- agricultural products, it isn’t just our education, food, and energy. fore, a big part of the bill was to build great and enjoyable food products, and It wasn’t always this way. In the in consumer protections, and one of it isn’t just our unique history in the three decades after World War II, those was to create the Consumer Fi- beginning of our country but it is also America’s middle class grew rapidly. nancial Protection Bureau. how we continue to find ways to build Incomes rose steadily as the middle I have come to the floor in strong bridges across the divide that so many class secured its fair share of the ex- support of the nomination of Richard Americans watch us in the Congress panding national wealth. The Federal Cordray to be Director of this Con- wrestling with at this moment and Government invested generously in in- sumer Financial Protection Bureau. that I think, in our home State, we frastructure building, innovation, and The idea behind this bureau is very have managed to find a good path for- education, vastly expanding oppor- simple. We need a cop on the beat look- ward. tunity for people to move into the mid- ing out for the best interests of con- Mr. CARPER. Madam President, we dle class. America became a more sumers who use financial products, just call this the Delaware way. As my col- equal, fair, and just society, built on a as we have regulators looking out for league from Delaware knows, whenever solid bedrock of a strong middle class. the financial health of banks. I run into people who have been mar- I am an example of that. My father A strong Consumer Financial Protec- ried a long time—50, 60, 70 years—I ask had an eighth grade education. He was tion Bureau will ensure consumers are them what is the secret to being mar- a coal miner. My mother was an immi- not lured into debt through hidden ried so many years. They give some grant with very little formal edu- fees, for example. It will simplify dis- funny answers, but they also give some cation. Yet their three children were closures and reduce paperwork so con- very pointed answers. One of the best able to go to good schools, get good sumers aren’t faced with mountains of answers I have heard—and I hear it jobs, and get an education. All three of paperwork they can’t understand. It over and over—as the reason why they their children graduated from Iowa will oversee providers of consumer credit, such as payday lenders, which have been married such a long time is State University, a great land grant for years have acted like banks with- because of the two Cs. I say: What are college, because it didn’t cost very out facing any kind of banking regula- the two Cs? They say, ‘‘Communicate much and we could afford to go there tion. Additionally, as student debt sur- and compromise.’’ and we were able to enter the middle passes credit card debt as the largest I would suggest that is what we do class from those humble beginnings. source of consumer debt—which has al- pretty well in our State. It is not only But beginning in the 1970s, much of ready happened, by the way, that stu- good advice for creating an enduring that progress started to come to a halt. dent debt right now is larger than cred- marriage, but it would also be good ad- Our manufacturing base declined, and it card debt—this Consumer Protection vice for us in this body, in this town, to the U.S. economy became increasingly Bureau can play a critical role in help- do a better job—both parties—at com- dominated by financial markets and ing families better understand the in- municating and compromising. We Wall Street—a trend that was acceler- creasing challenges of facing a college show, I think every day, in our State, ated by ill-advised deregulation. Soar- ing profits and sky-high salaries at- education and financing it as well as if we do those things, take that seri- bringing some sanity to the private ously, the result is pretty good. We tracted more of our Nation’s best and brightest to pursue careers in finance student loan marketplace. could get a better result here if we Finally, a key function of the Con- at the expense of engineering, teach- keep that in mind. sumer Financial Protection Bureau ing, and public service. With that, I think we have said our will also provide help to our veterans Wall Street bankers were emboldened piece. It is Delaware Day, one more through the Office of Service Member by deregulation. They were time, and may the spirit of Delaware Affairs. Sadly, too often our service- incentivized by huge salaries and bo- and the Delaware way permeate this members fall victim to abusive finan- nuses to take ever greater risks, and place as well. cial traps upon their return home. The they devised ever more exotic and I have enjoyed being with my friend Bureau has made an outstanding risky investment schemes. As we all and colleague in this colloquy. choice for leadership of this office with know, in 2008, this frenzy of greed and Mr. COONS. I thank my colleague. the selection of Mrs. Hollister Mr. CARPER. Madam President, I recklessness culminated in the cata- Petraeus. But cynically, my Repub- suggest the absence of a quorum. strophic meltdown of our Nation’s fi- lican colleagues have chosen to protect The PRESIDING OFFICER. The nancial system. This economic crisis the unscrupulous lenders that prey on clerk will call the roll. was a hammer blow to our already military families. They would rather The legislative clerk proceeded to struggling middle class. The value of neuter the entire agency, have no Di- call the roll. Americans’ homes and retirement ac- rector, than to fully empower Mrs. Mr. HARKIN. Madam President, I counts plummeted, millions lost their Petraeus to protect military personnel ask unanimous consent that the order jobs or were forced into foreclosure, and their families from all forms of for the quorum call be rescinded. and hopes for the future dimmed. predatory lending activities. The PRESIDING OFFICER. Without In the wake of this financial crash, These steps are essential elements of objection, it is so ordered. with its pervasive damage to the mid- helping to tilt the scales of our econ- f dle class, the American people de- omy back into balance so that once manded action to rein in the worst again we put the interests of the 99 per- NOMINATION OF RICHARD abuses of Wall Street and to prevent a CORDRAY cent of Americans who use financial replay of 2008. This led to the Dodd- products ahead of the 1 percent who Mr. HARKIN. Madam President, I Frank Wall Street Reform and Con- profit from them. have come to the floor on numerous oc- sumer Protection Act—let me repeat I was deeply disappointed when our casions this year to discuss the dis- that, the Wall Street Reform and Con- Republican colleagues voted against tressed state of America’s middle class. sumer Protection Act—the most sweep- the Wall Street reform bill that should In fact, in our committee, we have had ing reform of our financial system have been overwhelmingly a bipartisan a series of hearings looking at the since the Great Depression. For hun- bill. But now the bill is law, and guess state of the middle class and what is dreds of millions of American con- what. My Republican friends are doing happening to the middle class in Amer- sumers in their everyday lives, no as- everything in their power to prevent it ica. In recent decades, our Nation’s pect of this law is more important and from doing its important job. once secure middle class has struggled transformative than the creation of the Earlier this year, 44 Republican Sen- in the face of stagnant wages, declining Consumer Financial Protection Bu- ators served notice that they would not

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No other independent fi- field and simply given up looking for that. The distinguished majority lead- nancial regulator has its rules subject work. er, Senator REID, however, has sug- to veto by other regulatory agencies. There is a growing awareness among gested that not only do we keep the To suggest that the only regulator our countrymen that the policies of lower rate of 4.2 percent rather than 6.2 with a primary mission to protect ev- President Obama—the policies enacted but we actually lower that FICA tax to eryday hard-working Americans should during the first 2 years of his adminis- 3.1 percent. face unprecedented levels of oversight tration under Democratic supermajori- We can have an extension of the cur- simply does not make sense. Once ties—have made matters worse. rent FICA tax rate. Democrats know again, the Republicans have brazenly We have legitimate disagreements in it, the White House knows it, and the put the interests of Wall Street, pay- this Capitol concerning the solutions Republican conference knows it. But day lenders, and unscrupulous mort- to the problems we are experiencing one problem must be addressed, and I gage lenders ahead of the interests of with the Obama economy. My col- think both parties want to address Main Street consumers. leagues and I on this side of the aisle this: We need to offset the cost to the To restore the American economy to would enact aggressive regulatory re- Social Security trust fund of these its place, we need a financial system form, an expansive energy policy, and lower payroll tax rates. Why do we that works for them. This means a fi- we would vastly limit the size and need to do this? Because when the law nancial system where consumers scope of the Federal Government. That says we are really supposed to be tak- choose services based on a full and is our plan, and it is a plan about which ing in 6.2 percent and putting that in transparent understanding of the costs we could have genuine disagreements. the trust fund to make the Social Se- of those services. But absent a Direc- What I want to talk to my colleagues curity Program as solvent as possible tor, the Consumer Finance Protection about today, though, is what I would and we lower that to 4.2 percent or to Bureau won’t be able to supervise pay- suggest is a manufactured dispute over less, as the majority leader wants to day lenders, debt collectors, or private this issue of the extension of the pay- do, it amounts to a drain on the Social student lenders. They won’t be able to roll tax. That is an issue on which real- Security system. I think the last thing make it easier for the good actors in ly there is a wide consensus on the we want to do with a weak system, the financial system—our community Democratic side of the aisle, over here which we know can’t come out in the banks, for example, or our credit on the Republican side, and down the end, is to put further pressure on the unions—to compete against those who hall in the other body. Social Security trust fund. So both are making a large profit by unfairly The President said only a few months parties have proposed to offset, or pay taking advantage of unsuspecting con- ago that it is not wise to raise taxes on for, a continuation of the payroll tax sumers. anyone during a recession. And we cer- cuts. Last week, the White House unveiled Richard Cordray is a superb choice to tainly are in a recession. In recent a digital clock at the top of its Web serve as the first Director of this Bu- weeks, the President has suggested site that counts down to the date when reau. As attorney general of Ohio, he that perhaps he has abandoned this po- the payroll tax cuts will expire at the was a strong and fair advocate for con- sition and changed his mind and that end of the year. This somehow suggests sumers. His work has earned him the we should perhaps raise taxes on some that someone in this town wants the endorsement of bankers, CEOs, and people even though we are still in a re- payroll tax to go back up to 6.2 per- civil rights leaders across the State of cession. But Republicans have consist- cent. This is pure political gamesman- Ohio. He is a public servant of the ently agreed with what the President ship. We can have a bipartisan solution highest caliber who deserves to be said earlier: We are in a recession, and to keep the payroll tax at 4.2 percent, given the opportunity to lead this this is no time to raise taxes on any- critically important Bureau. but we must pay for it. one. This means we shouldn’t raise As a matter of fundamental fairness The distinguished majority leader, taxes on the working poor. It means we to hard-working Americans on Main Senator REID, had a proposal last week Street, we need an effective, even- shouldn’t raise taxes on employees not only to lower the payroll tax to 3.1 handed Consumer Financial Protection working on the assembly line or work- percent but to pay for it by raising Bureau. Mr. Cordray deserves the op- ing in the retail sector. It means we taxes on someone else. This violates portunity to lead this new Bureau. should not raise taxes on job creators. what the President said several months I call upon my Republican col- We should not raise taxes on investors ago: We don’t need to raise taxes on leagues, at long last, to put the inter- on whom we depend to provide the cap- anyone. ests of consumers ahead of the inter- ital to create jobs. We shouldn’t raise We can pay for a continuation of ests of those whose reckless pursuit of taxes on anybody because we are in a this, as Republicans have proposed to profits and bonuses have caused so time of recession. do, by offsetting it with smart spend- much harm to our society and econ- Let’s put this into a historical con- ing cuts, a freeze in Federal pay, a re- omy. I call upon my Republican col- text. Last December, at a time when duction in the Federal workforce, and leagues to ignore the legions of Wall Democrats still had supermajorities means testing of some benefits at the Street lobbyists who are urging them over here in the Senate, when Speaker upper income levels. We proposed this to disable and, if possible, kill the Con- PELOSI was still in charge in the House last week, but it was shot down by the sumer Financial Protection Bureau. of Representatives with her majority majority in this body with, to me, a Richard Cordray is a dedicated and there, this Congress on a bipartisan contrived plan to actually lower the impartial public servant who will put basis enacted legislation to keep in payroll tax and shift those taxes to the best interests of American con- place the Bush-era tax cuts, to leave someone else. sumers first. We should give him that those rates in place for all Americans We are told that this week, just like opportunity. I hope my colleagues will at whatever income level, and we also last week, we are going to have some join me in strongly supporting his on a bipartisan basis enacted a cut in more political theater. The majority nomination. the payroll tax. This is the Social Se- leader will propose once again a tax in- Mr. President, I yield the floor. curity tax that all workers pay regard- crease on others so that we can keep The PRESIDING OFFICER. The Sen- less of income, the so-called FICA this payroll tax cut, and we will pro- ator from Mississippi. taxes that you see on your pay stubs. pose a side-by-side which is essentially

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00030 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19081 the pay-for plan to keep the tax rate as I ask unanimous consent that the I am happy we came together in a it is. Both of these will fail because the Senate proceed to the immediate con- commonsense bipartisan way to extend majority leader intends for them to sideration of S. 1958, my bill, to extend the National Flood Insurance Program, fail, and essentially we will have wast- the National Flood Insurance Program as is, to May 31. Let me also say in ed 2 weeks at the end of this session of well into next year, to May 31, which I closing I strongly support a full 6-year Congress by creating a manufactured introduced earlier today. reauthorization of the program. I have disagreement for the sake of scoring The PRESIDING OFFICER. The worked on that bill with many others political points. clerk will report the bill by title. in the relevant Senate committee, the Maybe after we get this week over The assistant legislative clerk read Senate Banking Committee. We have with and we have had yet another week as follows: reported a good bill out of committee. of gamesmanship, the Senate can get A bill (S. 1958) to extend the National I want to get that to the Senate floor down to the business of passing a sim- Flood Insurance Program until May 31, 2012. and merge it and compromise it in ple extension of the payroll rates in There being no objection, the Senate some reasonable way with the House their current form and to offset that proceeded to consider the bill. reauthorization. action with savings. There is an abso- Mr. VITTER. Mr. President, I know We need a full-blown 6-year reauthor- lute majority in the Senate and in the of no further debate on this measure. I ization of the program with significant House to do just that. In doing so, we will have a few closing comments after reforms. That was obviously not going can end 3 weeks of political theater we formally pass it, but I urge its pas- to happen between now and a week with the Democrats trying to score sage. from Friday. It is obviously not going points for 2012. The PRESIDING OFFICER. The to happen a month or two into the new I wish we could fast-forward to next question is on the engrossment and year. So we needed to create the cer- week and get this important piece of third reading of the bill. tainty this extension will create as we legislation done and enact a continu- The bill was ordered to be engrossed continue to work on that full reauthor- ation of the payroll taxes that a vast for a third reading and was read the ization. majority of Republicans and Demo- third time. I yield the floor and suggest the ab- crats support. The PRESIDING OFFICER. The bill sence of a quorum. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The having been read the third time, the WHITEHOUSE). The Senator from Lou- clerk will call the roll. question is, Shall the bill pass? isiana. The assistant legislative clerk pro- The bill (S. 1958) was passed, as fol- f ceeded to call the roll. lows: The PRESIDING OFFICER. The Sen- NATIONAL FLOOD INSURANCE S. 1958 ator from Washington. PROGRAM EXTENSION Be it enacted by the Senate and House of Rep- Mrs. MURRAY. Mr. President, I ask Mr. VITTER. Mr. President, last resentatives of the United States of America in unanimous consent that the order for week I came to the floor and urged all Congress assembled, the quorum call be rescinded. of my colleagues on both sides of the SECTION 1. EXTENSION OF THE NATIONAL The PRESIDING OFFICER. Without aisle to come together in a common- FLOOD INSURANCE PROGRAM. objection, it is so ordered. sense, bipartisan way and extend for a (a) PROGRAM EXTENSION.—Section 1319 of the National Flood Insurance Act of 1968 (42 f significant period of time the very im- U.S.C. 4026) is amended by striking ‘‘Sep- MIDDLE CLASS TAX CUT ACT portant National Flood Insurance Pro- tember 30, 2011’’ and inserting ‘‘May 31, Mrs. MURRAY. Mr. President, I come gram. That program, which is essential 2012’’. to the country, involves a lot of prop- (b) FINANCING.—Section 1309(a) of the Na- to the floor this evening to urge my erties essential to real estate closings, tional Flood Insurance Act of 1968 (42 U.S.C. colleagues to support legislation to ex- to allow that important part of our 4016(a)) is amended by striking ‘‘September tend and expand the payroll tax cut on economy to happen as we struggle to 30, 2011’’ and inserting ‘‘May 31, 2012’’. which middle-class families across get out of this recession. That program (c) REPEAL.—The Continuing Appropria- America depend. Last week Democrats would otherwise expire 1 week from tions Act, 2012 (Public Law 112–36; 125 Stat. brought a bill to the floor that would 386) is amended by striking section 130. this Friday. have not only accomplished this goal I also wrote Senator REID that same Mr. VITTER. Mr. President, I ask for our workers, it would have also cut day, as I came to the floor, urging him unanimous consent the motion to re- the payroll tax for half of our Nation’s to support this legislation, extending consider be considered made and laid employers and eliminated it entirely this vital program, to be passed quick- upon the table and any statements be for businesses who were making new ly, hopefully unanimously, through the printed in the RECORD. hires. Senate. The PRESIDING OFFICER. Without To pay for this proposal, Democrats The good news is that I have reached objection, it is so ordered. proposed a small surtax on millionaires out to many folks—Democrats and Re- Mr. VITTER. Mr. President, in clos- and billionaires; that is, people who are publicans—since then, and we have ing, I thank everyone, on both sides of earning more than $1 million a year. In continued to build consensus to do the aisle, who worked in a very com- order to extend and expand the critical that, to make sure there is no threat of monsense way to get this done. Again, tax break for middle-class families and the National Flood Insurance Program sort of the worst case scenario is what small businesses owners, we thought it lapsing yet again, as it did, unfortu- we all experienced in 2010. Four dif- right to call on the wealthiest among nately, four times in 2010—no good rea- ferent times in 2010 the program actu- us—those who can afford it—to pay son—for a total of 53 days. Every time ally lapsed, a total of 53 days. More just a little bit more at a time when a that happens or is even threatened to times than that it came within a few vast majority of Americans are strug- happen, within a few days there is days of lapsing and created great un- gling. great chaos and uncertainty in the real certainty in the real estate market. Our bill set up a choice, and we estate market. Good closings are put We do not need any of that. We have thought it was an easy one: Do you off. Our economy slows down for no been trying to struggle out of a reces- vote to extend critical tax cuts for good reason, as we need every closing sion and a very bad economy which has middle-class families or do you vote to in sight to do exactly the opposite and been led by a real estate downturn. We protect the wealthiest Americans from to improve the economy. Again, the need every good closing we can get. paying one penny more toward their good news is that we have built con- Giving the market this certainty over fair share? sensus, and I think we have reached a week before it would otherwise expire Unfortunately, almost every Senate consensus to avoid that sort of lapse. is very good as we try to create that Republican chose to side with the rich- So I return to the floor today to get certainty and build a better economic est Americans and filibuster our mid- that formally done. climate. dle-class tax cut bill. In a surprising

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00031 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.000 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19082 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 development, their leadership’s own break and put more money in their consumers. He recovered more than $2 bill to simply extend the middle-class pockets. Nick’s logic is clear, and it billion for Ohio’s retirees, investors tax cuts while protecting the wealthi- makes economic sense. It is in line and business owners and took major est Americans was opposed by the ma- with what the American public be- steps to help protect its consumers jority of Republicans. lieves, and it is exactly why this mid- from fraudulent foreclosures and finan- Republicans spent months on the dle-class tax cut needs to pass. cial predators. What a terrific resume. Joint Select Committee on Deficit Re- So while I strongly supported our He is an individual who has stood up duction saying that the tax cuts for last bill that would have extended and for retirees, business owners, and in- the wealthiest Americans should be expanded this tax cut on both workers vestors. He has said fraud will not be made permanent, that the wealthiest and employers, it was clear that Re- tolerated. We will seek it out and we Americans and biggest corporations publicans were not going to drop their will penalize it and we will end it. In should get even deeper tax cuts, the filibuster. So we are back now with a other words, it is exactly the resume of tax cuts for the rich should not be paid compromise. someone we would want to head a con- for and should be simply added to the Republicans claim to be concerned sumer financial protection department deficit, and that a pledge made to a Re- that our bill was too big, so we scaled or division or bureau. publican lobbyist named Grover it back. They didn’t like the surcharge Why are we voting tomorrow to end Norquist gave them no choice but to on the wealthiest Americans, so we cut debate? Why don’t we just have a unan- support tax cut extensions. it down significantly and we made it imous consent agreement that we go to So I have to say I am truly dis- temporary. To make it even more ac- a final vote? The answer is, my col- appointed to see, once again, that this ceptable, we included spending cuts leagues across the aisle are objecting. apparent concern for tax cuts only that both sides said were acceptable as They are objecting to a vote on his seems to extend to millionaires and well as their proposal to make million- nomination not because he isn’t quali- billionaires. Now that a break for the aires ineligible to receive unemploy- fied but because they want to prevent middle class is on the verge of ending ment insurance and food stamps. this agency from doing its job: pro- in a few short weeks—potentially caus- The compromise that is before us is tecting America’s families against ing deep harm to our weak economy— fully paid for. It extends and expands predators. I cannot think of many those Republicans who fought tooth payroll tax relief for millions of mid- issues that are so important to the suc- and nail for tax cuts for the rich are dle-class families in our country. It cess of our families as making sure nowhere to be found. In fact, many of will create jobs and provide a critical they are not subject to financial preda- them are actively opposing it. boost for this economy at a time when tors. Yet my colleagues across the aisle Republicans seem to be operating we desperately need it. are opposing this nomination in order under the backwards economic prin- So I continue hoping that our Repub- to protect the predators preying on ciple that only tax cuts for the richest lican colleagues will be as focused on America’s families. That is just plain Americans and biggest corporations tax cuts for the middle class as they wrong. I hope they will change their are worth fighting for. In fact, they are for the wealthiest Americans and position before tomorrow. have a name for that group of people. largest corporations. I hope they stand Let’s turn the clock back to 2003. In They call them the job creators. They with us to pass this critical legislation 2003, a new type of mortgage was in- believe the only ones who create jobs in time for the holidays because that is vented in the United States. This was a in America are the rich, and they claim what American families want. mortgage that had a 2-year teaser the tax cuts and loopholes they fight I thank the Chair. rate—a very favorable, low rate—so as for that benefit the wealthy will some- I yield the floor and suggest the ab- to serve as the bait for mortgage origi- how trickle down to the rest of us. sence of a quorum. nators to say to their clients: This is Well, that is wrong. We know the Re- The PRESIDING OFFICER. The the best mortgage for you because it publican economic policy has failed us. clerk will call the roll. has the lowest rate. But what the origi- It was this kind of thinking that The assistant legislative clerk pro- nators didn’t tell their clients was that turned a surplus into a deficit, that ceeded to call the roll. after 2 years, that rate exploded to a brought our economy to its knees, that Mr. MERKLEY. Mr. President, I ask very high interest rate—a predatory failed our middle class and allowed the unanimous consent that the order for rate—and they couldn’t get out of the wealthiest Americans to amass record the quorum call be rescinded. mortgage because the mortgage had a fortunes, paying the lowest tax rates in The PRESIDING OFFICER. Without little sentence in it that said they have decades. It is the wrong way to go. objection, it is so ordered. to pay a huge penalty if they try to re- Americans know it and our country has f finance this mortgage. That penalty was 5 or 10 percent of the value of the the scars to prove it. CORDRAY NOMINATION A constituent of mine named Nick loan. Show me a working family in Hanauer recently published an op-ed in Mr. MERKLEY. Mr. President, to- America who buys a house, puts down Bloomberg Businessweek that speaks morrow we will be voting on whether their downpayment, makes their re- to this point exceptionally well. Nick to close debate on the nomination of pairs, gets moved in, and still has 10 is a businessman. He is a venture capi- Richard Cordray as Director of the percent of the value of the house sit- talist in Seattle. He helped to launch Consumer Financial Protection Bu- ting in the bank, able to pay a penalty more than 20 companies, including reau. This vote can be framed in terms so they can get to a fair interest rate amazon.com, and he has a deep under- of his qualifications, but that would be after the interest rate explodes. standing of 21st-century jobs and the a mistake because folks on both sides So this new mortgage turned the innovation economy. of the aisle have noted he is exception- humble, amortizing, family mortgage Nick wrote that it is not tax cuts for ally qualified for this position. He is a that had been the pathway for the mid- the rich that create jobs—and I want to graduate of Michigan State University, dle class, for millions of American fam- quote him. He says: of Oxford University, and the Univer- ilies, into a predatory trap that de- Only consumers can set in motion a vir- sity of Chicago Law School, where he stroyed families and that created a lot tuous cycle that allows companies to survive was editor in chief of the University of of wealth for the 1 percent who run the and thrive and business owners to hire. An Chicago Law Review. system in our society. Have no doubt, ordinary middle-class consumer is far more In addition, he has held a number of that 1 percent got in, in every possible of a job creator than I ever have been or ever public positions with honor and dis- way. They said: Let’s package these will be. tinction as State representative, as predatory mortgages and sell them and He advocates ending the tax breaks Ohio’s treasurer, as Ohio attorney gen- then let’s take pieces of those packages for the rich and using some of that sav- eral. Indeed, as Ohio’s attorney gen- and combine them with pieces of other ings to give average working families a eral, he was an aggressive advocate for security packages and resell them and

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00032 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.001 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19083 then let’s develop a brandnew insur- group when it comes to these types of fully, I do not think dialog will work ance industry that insures securities. mortgage practices and these types of with this regime. This insurance is what is often called payday practices. The IAEA report was a culmination credit default swaps or derivatives, This is an important vote tomorrow. to months of events that showed Iran’s which are fancy names for insurance on It is not a vote about the qualifications brazen disregard for international these packages and mortgages. So then of the nominee because the nominee norms. In October, the regime planned they said let’s thereby make them very has the right set of skills to be highly to assassinate the Saudi Ambassador attractive to pension funds and inves- qualified in a number of directions. It to the United States. The Iranian re- tors across the world. This was so suc- is a vote about whether, in America, gime sought to kill a senior foreign of- cessful that those who were buying the one believes it should be OK to be a ficial on U.S. soil. mortgages were willing to pay a huge predator or not OK. I believe it is not There must be consequences for the bonus to the mortgage originators to OK. I believe States and the Federal planned attack on the Saudi Ambas- steer families away from the very suc- Government should do all they can to sador. There must be consequences for cessful, humble, amortizing, fixed-rate make sure deals are fair, to make sure Iran’s nuclear conduct as evidenced in mortgage into this predatory, explod- there are not conflicts of interest, to the new IAEA report. This amendment ing interest rate mortgage, all the time make sure there are not payments that makes these consequences clear. posing as the family’s counselor, say- are undisclosed to a customer, to make I am concerned that the administra- ing it is my job to do what is best for sure there are not hidden clauses to tion’s November 21 sanctions response you. convince customers by their trusted is not adequate in responding to this Why did this predatory practice in advisers to sign documents which cause new information on Iran’s intentions. 2003, that grew enormously over the the destruction of families’ financial European countries, led by the United next 4 years, continue to go on? What lives over the next 10 to 20 years as a Kingdom and France, have called for happened to oversight of fairness, and result of that trust. Fairness matters sanctioning of the Central Bank of what happened to the agency that was to the success of our families. Iran. My question to the administra- supposed to shut down predatory prac- We should have a unanimous vote to- tion is this: does the IAEA report in- tices? That agency was the Federal Re- morrow to end this debate and get on deed reflect a turning point for U.S. serve and the Federal Reserve is a very to the final vote of whether to confirm policy? And if so, what should the powerful organization. The Federal Re- a very distinguished and capable and United States do to address this loom- serve has two responsibilities: employ- honorable man who is prepared to fight ing threat? The administration’s an- ment and monetary policy. Those are for the success of American families. nouncement of new sanctions on No- the traditional responsibilities, but I thank the Chair. vember 21 is a good step, but the they were given a third, which is con- f United States must take this one step sumer protection. Somewhere in that further and sanction Iran’s Central vast, powerful agency on the upper DEFENSE AUTHORIZATION Bank. If the IAEA report does not indi- floor, the head of the Federal Reserve Mr. CASEY. Mr President, I would cate that we have turned a corner with and his key advisers were hard at work like to express my support for the respect to this critical national secu- on monetary policy, deciding what in- Menendez amendment, which passed rity threat, I don’t know what does. terest rates they would lend to our 100 to 0 and would sanction the Central This administration has taken un- major banks, and they were hard at Bank of Iran. I was proud to be an precedented measures to isolate the work, we would hope, on the employ- original cosponsor of this important Iranian regime. It understands the ment side as well. But they seemed to legislation. The Islamic Republic of threat posed by a nuclear Iran. And have forgotten they were also respon- Iran has proven through its recent be- while I appreciate the administration’s sible for consumer protection. That havior its blatant disregard for its focus on this issue at this critical junc- mission was set aside. It was put down international commitments to the ture in history, I believe that we must in the basement of the building and the IAEA and for the universal declaration do more. lights were turned off and the doors of human rights. Iran is a serious This amendment would restrict U.S. locked and they did absolutely nothing threat to the security of the United financial institutions from doing busi- about these predatory practices that States, the Middle East, and the world. ness with any foreign financial institu- were destroying the finances of mil- Last month’s IAEA report on Iran tion that knowingly conducts financial lions of Americans, that were betray- said that the Agency had credible in- transactions with Iran’s Central Bank. ing the fundamental relationship be- formation that Iran may have worked With this amendment, we are hitting tween a family and its trusted mort- on developing nuclear weapons. This is Iran where it hurts. Eighty percent of gage originator who was getting bonus the most damning report yet on Iran’s Iran’s hard currency comes from crude payments for steering them into these nuclear program and has served as a oil sales, which depend on transactions loans. They did absolutely nothing wake up call to the world. The United through the Central Bank. The Central about a number of other predatory Kingdom has responded with tough Bank of Iran is complicit in Iran’s nu- practices. sanctions. Italy and France have ex- clear program. This amendment also That is why the Consumer Financial pressed support for tougher measures. has measures that would ensure that Protection Bureau was created. It This opinion has been held by many the oil markets are not affected by iso- doesn’t have other responsibilities to here in the Senate for a long time. lation of the Iranian oil industry. The distract it. It isn’t going to take the That is why we in the Senate have been amendment also requires the President fate and success of our families and so persistent in our efforts to pursue to start a ‘‘multilateral diplomacy ini- lock that mission down in the base- tougher sanctions to isolate Iran. This tiative’’ to convince other countries to ment and turn out the lights because is why we continue to strive to provide cease oil imports from Iran. this is the heart of why this bureau ex- all the tools necessary to ensure that It has become increasingly clear in ists. maximum pressure is brought to bear the past month that the international This vote tomorrow is about whether on the regime in Tehran. community cannot negotiate with the we believe in the family value of fair I appreciate the administration’s ef- current leadership in Iran, which has deals that build the success of our fam- forts to engage with the Iranian regime proven incapable and unwilling to ilies or whether we believe in the 1 per- since coming into office. The adminis- abide by its international commit- cent exercising full predatory practices tration has made serious efforts to dip- ments. This was made crystal clear by to destroy the financial lives of Ameri- lomatically engage Tehran officials. the planned attack on the Saudi Am- cans, destroy the financial lives of our But the regime has rejected requests bassador, credible evidence of illegal veterans for standing up for us in war by the United States and international nuclear activity in the IAEA report, and who are often a highly targeted community for true dialog. Regret- and the attack on the British Embassy.

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00033 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.001 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19084 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 I believe that we have turned a corner before attending Officer Training departments and combatant com- in how we should regard this regime in School. After earning his commission mands. We were able to get him back Iran. from OTS as the distinguished grad- to Oklahoma in 2007 when he returned This means that in addition to severe uate and his initial training where he to command the Oklahoma City Air sanctions, the United States should was also the distinguished graduate, he Logistics Center, where he provided renew its support for democratic activ- was assigned to the 21st Tactical Air- maintenance for the Air Force’s KC– ists in Iran. Amid the remarkable lift Squadron in the Philippines. It was 135s, B–1, and B–52s, as well as numer- change taking place across the region, from there that he flew missions into ous types of aircraft engines while also the United States should clearly place Saigon, Vietnam, at the close of the commanding Tinker Air Force Base. He itself on the side of democratic forces war in 1975. His prowess as a navigator also helped shepherd through one of in Iran. Compromise with the current earned him selection to attend instruc- the biggest growth opportunities for regime is not possible, and we, working tor training at Mather Air Force Base, the base by working with the local with the international community, CA, in 1978, where he once again grad- community to acquire an abandoned should work to engage fully with the uated as a distinguished graduate. His automotive plant that was located ad- democratic actors in the country. subsequent performance as an instruc- jacent to the base. The new facility Those who ransacked the British Em- tor earned him the award as the In- vastly increased the base’s ability to bassy do not represent the Iranian peo- structor Navigator of the Year in 1979. accomplish the Air Force’s depot main- ple. The majority of Iranians, based on Next, General Reno worked in legis- tenance mission and ushered in an era the outpouring of support for the Green lative affairs on the Air Staff in the of new possibilities for Oklahoma City Movement in 2009, aspire for a different Pentagon and then for Air Mobility and the Air Force. It is this kind of future. Command from 1981 to 1985. Following performance that characterized Gen- We have reached a pivotal moment, his staff tour, General Reno moved to eral Reno’s whole career. and we must stand on the right side of Dyess Air Force Base, TX, in 1985 Based on this performance, he was history. We must do all that we can to where he continued to shine on the promoted to lieutenant general and prevent Iran from gaining a nuclear ground and in the air as the chief navi- sent back to the Pentagon in 2009 to be weapon. I am proud to have cospon- gator for the 773rd Tactical Airlift the Air Force’s deputy chief of staff for sored the Menendez amendment sanc- Squadron. It was during this assign- logistics, installations and mission tioning the Central Bank of Iran. We ment that he left the navigator career support. During that time Lieutenant must make it clear that there are sub- field and cross-trained as an aircraft General Reno demonstrated a mastery stantial consequences to Iran’s nuclear maintenance officer. In 1987, General of complex issues, decisive leadership, intentions. Reno took command of the 463rd Avi- and dedication to both mission and f onics Maintenance Squadron and then people. He advocated and defended over the 463rd Field Maintenance Squadron $30 billion annually in logistics and in- TRIBUTE TO LIEUTENANT there at Dyess. After Air War College, stallation programs and developed GENERAL LOREN M. RENO he moved back to the Air Staff from long-range strategic guidance for Air Mr. INHOFE. Mr. President, I rise 1990 to 1992, working as a program man- Force weapons systems, facility today to pay tribute to an exceptional ager and as the chief of maintenance sustainment, military construction, leader, superb officer, and friend, LTG policy for the Air Force. and contingency support to achieve na- Loren M. Reno, the deputy chief of After two years in the Pentagon, tional security objectives. He led the staff, logistics, installations and mis- General Reno moved back to Texas, Air Force’s first-ever worldwide inven- sion support for the Air Force, as he this time to Sheppard Air Force Base, tory of all nuclear components at 581 prepares to retire after more than 38 where he commanded the 396th Tech- sites. This epic venture allowed the Air years of dedicated and distinguished nical Training Group and the 82nd Force to reestablish control of more service to our Nation. Training Group before moving to Fort than 34,000 items valued at $1.3 billion General Reno is a consummate pro- Belvoir, VA, to work in the Defense Lo- and was the first of many crucial logis- fessional and, truly, the most humble, gistics Agency from 1994 to 1998 in posi- tics milestones needed to reinvigorate genuine general officer whom I have tions of increasing responsibility, the nuclear enterprise, the Air Force’s had the pleasure of working with dur- working on joint logistics for contin- No. 1 priority. His leadership was in- ing my years in the Senate. Thank- gency operations and strategic pro- valuable to the success of the $1 billion fully, I have had the opportunity to get gramming, before being selected as the Expeditionary Combat Support System to know him very well. We worked commander of the Defense Fuel Supply Program, the culmination of a decade- closely together during his two tours Center and Defense Energy Support long effort in developing and modern- at the Air Logistics Center in Okla- Center. izing Air Force business operations homa City, and that relationship con- Upon the completion of his command that will ultimately save the Air Force tinued during his time back on the Air at the DLA in 1998, General Reno $9 billion in supply chain costs. Force staff. moved to my home State of Oklahoma Finally, as a hands-on leader and General Reno’s accomplishments to work at the Oklahoma City Air Lo- champion of airmen resiliency initia- over his 38-year career have been re- gistics Center. While there, he was pro- tives, he was instrumental in the cre- markable. He is a senior navigator moted to brigadier general and ap- ation of the Air Force’s Deployment with more than 2,500 flying hours in pointed as the center’s deputy com- Transition Center providing a critical, the C–9, C–130, T–29, and T–43 aircraft, mander. After his first Oklahoma tour, strategic, physical, emotional, and a master maintainer with over 24 years General Reno returned to Scott Air spiritual respite for thousands of air- experience keeping the Air Force fly- Force Base in 2002 as the director of lo- men. He provided the leadership and ing, and an accomplished leader of air- gistics for air mobility command. In support to ensure outside-the-wire air- men. General Reno commanded two this capacity, he was responsible for men are provided an opportunity to de- aircraft maintenance squadrons, a developing policy logistics plans for 14 compress before they return to their technical training group, and the De- major active air installations in the home station and families. fense Fuel Supply and Defense Energy United States and 17 locations What I appreciate most about Loren Support Centers, and, of course, the throughout the world. It was also in is his dedication to others. He doesn’t Oklahoma City Air Logistics Center at this position that General Reno was se- have hobbies because he works for the Tinker Air Force Base, OK. lected for his second star. benefit of everyone else. He set aside A native of Port Jefferson, NY, Gen- After this, General Reno returned to hobbies like golf and instead made eral Reno graduated from Cedarville the DLA, where he served as the vice spending time with his children and University in Ohio in 1970 and spent 4 director and was responsible for pro- wife his hobby. As a man of deep faith years teaching middle school science viding logistics to the various military in Jesus, he sacrificed personally so he

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00034 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.001 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19085 could give extravagantly to missions Jay comes from a family of Christ- Mr. Novotny, one of its reading clerks, and to ministry. Although General mas tree enthusiasts; his parents announced that the House disagrees to Reno’s service in the Air Force will owned and operated Dun Roamin’ the amendment of the Senate to the come to an end, his service to God, his Christmas Tree Farm in Cape Elizabeth bill (H.R. 1540) to authorize appropria- family, and his country continues. I for 25 years. That farm now makes tions for fiscal year 2012 for military can’t wait to see what’s next. wreaths which are sold at the Old Farm activities of the Department of De- On behalf of Congress and the United Christmas Place store. The storefront fense, for military construction, and States of America, I thank Lieutenant also carries several locally made for defense activities of the Depart- General Reno, his wife Karen, and their Christmas decorations and ornaments ment of Energy, to prescribe military entire family for their extraordinary to adorn households near and far, add- personnel strengths for such fiscal commitment, sacrifice, contribution, ing a new element to the traditional year, and for other purposes, and and dedication to this great Nation tree farm selection. agrees to the conference asked by the during his distinguished career in the As opening a small business is a Senate on the disagreeing votes of the U.S. Air Force. I congratulate him on daunting task, Jay Cox’s dedication for two Houses thereon, and appoint the the completion of an exemplary career nearly a decade to open a Christmas following Members as managers of the and wish him, his wife Karen, and their tree farm and storefront reminiscent of conference on the part of the House: family God’s speed and continued suc- old times and tradition is truly inspir- From the Committee on Armed Serv- cess and happiness in the future. ing. I am proud to extend my congratu- ices, for consideration of the House bill f lations to everyone at the Old Farm and the Senate amendment, and modi- ADDITIONAL STATEMENTS Christmas Place of Maine for their tre- fications committed to conference: mendous efforts and offer my best Messrs. MCKEON, BARTLETT, THORN- wishes for continued success.∑ BERRY, AKIN, FORBES, MILLER of Flor- RECOGNIZING OLD FARM f ida, LOBIONDO, TURNER of Ohio, KLINE, CHRISTMAS PLACE OF MAINE ROGERS of Alabama, SHUSTER, CON- MESSAGES FROM THE HOUSE ∑ Ms. SNOWE. Mr. President, Decem- AWAY, WITTMAN, HUNTER, ROONEY, At 11:35 a.m., a message from the ber in Maine invokes the classic im- SCHILLING, GRIFFIN of Arkansas, WEST, ages of Christmas. The wonders of chil- House of Representatives, delivered by SMITH of Washington, REYES, Ms. LO- dren sledding down snow-covered hills Mrs. Cole, one of its reading clerks, an- RETTA SANCHEZ of California, Messrs. and small towns enveloped in Decem- nounced that the House has passed the MCINTYRE, ANDREWS, Mrs. DAVIS of ber’s darkness while illuminated by the following bills, without amendment: California, Messrs. LANGEVIN, LARSEN glow of twinkling lights. One of the S. 1541. An act to revise the Federal char- of Washington, COOPER, Ms. BORDALLO, most memorable parts of any Christ- ter for the Blue Star Mothers of America, Messrs. COURTNEY, LOEBSACK, Ms. Inc. to reflect a change in eligibility require- TSONGAS, and Ms. PINGREE of Maine. mas celebration revolves around the se- ments for membership. lection and decoration of the perfect S. 1639. An act to amend title 36, United From the Permanent Select Com- tree. Today I rise to commend and rec- States Code, to authorize the American Le- mittee on Intelligence, for consider- ognize the Old Farm Christmas Place gion under its Federal charter to provide ation of matters within the jurisdic- of Maine, a small business that allows guidance and leadership to the individual de- tion of that committee under clause 11 families throughout the Nation to partments and posts of the American Legion, of rule X: Mr. ROGERS of Michigan, enjoy the tradition of selecting and and for other purposes. Mrs. MYRICK, and Mr. RUPPERSBURGER. cutting down their own Christmas tree. The message also announced that the From the Committee on Education The Old Farm Christmas Place of House has passed the following bills, in and the Workforce, for consideration of Maine, located in the coastal town of which it requests the concurrence of section 548 and 572 of the House bill, Cape Elizabeth, opened in November of the Senate: and sections 572 and 573 of the Senate 2010. Jay Cox, the owner of Old Farm, H.R. 1021. An act to prevent the termi- amendment, and modifications com- purchased the historic Dyer-Hutch- nation of the temporary office of bankruptcy mitted to conference: Messrs. PETRI, inson farmhouse in 2001. Built in 1790, judges in certain judicial districts. HECK, and GEORGE MILLER of Cali- the Old Farm stands as a testament to H.R. 2297. An act to promote the develop- fornia. ment of the Southwest waterfront in the Dis- From the Committee on Energy and Maine’s rich history and in 1997 was ac- trict of Columbia, and for other purposes. cepted into the National Registry of H.R. 2405. An act to reauthorize certain Commerce, for consideration of sec- Historic Places. After substantial ren- provisions of the Public Health Service Act tions 911, 1099A, 2852, and 3114 of the ovations to the historic property, Jay and the Federal Food, Drug, and Cosmetic House bill, and section 1089 of the Sen- planted his first Christmas trees in the Act relating to public health preparedness ate amendment, and modifications spring of 2004 on the 50-acre property. and countermeasure development, and for committed to the conference: Messrs. Finally, last year, with roughly 18,000 other purposes. UPTON, WALDEN, and WAXMAN. trees planted and 1,000 trees ready to H.R. 2471. An act to amend section 2710 of From the Committee on Financial title 18, United States Code, to clarify that a be sold, Jay opened up his winter won- video tape service provider may obtain a Services, for consideration of section derland. consumer’s informed, written consent on an 645 of the House bill, and section 1245 of This small business provides a unique ongoing basis and that consent may be ob- the Senate amendment, and modifica- tree-cutting venture and invites fami- tained through the Internet. tions committed to conference: Mr. lies to experience the joy of selecting H.R. 3237. An act to amend the SOAR Act BACHUS, Mrs. CAPITO, and Mr. ACKER- the perfect tree. At Old Farm, this is a by clarifying the scope of coverage of the MAN. journey that begins with a wagon ride Act. From the Committee on Foreign Af- over the farmland onto the fields where The message further announced that fairs, for consideration of sections 1013, families can explore acres of the beau- the House has passed the following 1014, 1055, 1056, 1086, 1092, 1202, 1204, 1205, tiful farm until they find their ideal joint resolution, with an amendment, 1211, 1214, 1216, 1218, 1219, 1226, 1228–1230, tree. Once this perfect tree is selected, in which it requests the concurrence of 1237, 1301, 1303, 1532, 1533, and 3112 of the they will assist you in cutting down the Senate: House bill, and sections 159, 1012, 1031, the tree and loading it into your car or S.J. Res. 22. Joint resolution to grant the 1033, 1046, 1201, 1203, 1204, 1206–1209, 1221– even delivering it to local areas consent of Congress to an amendment to the 1225, 1228, 1230, 1245, title XIII and sec- throughout the State. Lastly, as compact between the States of Missouri and tion 1609 of the Senate amendment, and Maine’s winters can be frigid, families Illinois providing that bonds issued by the Bi-State Development Agency may mature modifications committed to con- can finish the experience warming in not to exceed 40 years. ference: Ms. ROS-LEHTINEN, Mr. themselves by the fire inside the Old CHABOT, and Mr. BERMAN. Farm store while sipping delectable At 4:34 p.m., a message from the From the Committee on Homeland cider and rich hot chocolate. House of Representatives, delivered by Security, for consideration of section

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A communication from the Sec- From the Committee on the Judici- ference on the part of the House: retary of Education, transmitting, pursuant ary, for consideration of sections 531 of Mr. Rogers of Kentucky, Mr. Young of to law, the report of a rule entitled ‘‘Family subtitle D of title V, 573, 843, and 2804 Florida, Mr. Lewis of California, Mr. Freling- Educational Rights and Privacy’’ (RIN1880– of the House bill, and section 553 and huysen, Mr. Aderholt, Mrs. Emerson, Ms. AA86) received in the Office of the President 848 of the Senate amendment, and Granger, Mr. Simpson, Mr. Culberson, Mr. of the Senate on December 5, 2011; to the Crenshaw, Mr. Rehberg, Mr. Carter, Mr. modifications committed to con- Committee on Health, Education, Labor, and Dicks, Mr. Visclosky, Mrs. Lowey, Mr. Pensions. ference: Messrs. SMITH of Texas, COBLE, Serrano, Ms. DeLauro, Mr. Moran, Mr. Price EC–4225. A communication from the Chair- and CONYERS. of North Carolina, and Mr. Bishop of Geor- man, Federal Labor Relations Authority, From the Committee on Natural Re- gia. transmitting, pursuant to law, the sources, for consideration of sections f Authority’s Performance and Accountability 313, 601, and 1097 of the House bill, and Report for fiscal year 2011; to the Committee modifications committed to con- MEASURES REFERRED on Homeland Security and Governmental Af- ference: Messrs. HASTINGS of Wash- The following bills were read the first fairs. ington, BISHOP of Utah, and MARKEY. and the second times by unanimous EC–4226. A communication from the Direc- From the Committee on Oversight consent, and referred as indicated: tor of Legislative Affairs, Office of the Direc- tor of National Intelligence, transmitting, H.R. 2297. An act to promote the develop- and Government Reform, for consider- pursuant to law, a report relative to a va- ment of the Southwest waterfront in the Dis- ation of sections 598, 662, 803, 813, 844, cancy in the position of Inspector General of trict of Columbia, and for other purposes; to 847, 849, 937–939, 1081, 1091, 1101–1111, the Intelligence Community received in the the Committee on Homeland Security and 1116, and 2813 of the House bill, and sec- Office of the President of the Senate on De- Governmental Affairs. tions 827, 845, 1044, 1102–1107, and 2812 of H.R. 2405. An act to reauthorize certain cember 5, 2011; to the Select Committee on the Senate amendment, and modifica- provisions of the Public Health Service Act Intelligence. tions committed to conference: Messrs. and the Federal Food, Drug, and Cosmetic EC–4227. A communication from the Dep- uty Assistant Administrator of Diversion ROSS of Florida, LANKFORD, and CUM- Act relating to public health preparedness Control, Drug Enforcement Administration, MINGS. and countermeasure development, and for other purposes; to the Committee on Health, Department of Justice, transmitting, pursu- From the Committee on Science, ant to law, the report of a rule entitled ‘‘Im- Space, and Technology, for consider- Education, Labor, and Pensions. H.R. 2471. An act to amend section 2710 of plementation of the Methamphetamine Pro- ation of sections 911 and 1098 of the title 18, United States Code, to clarify that a duction Prevention Act of 2008’’ (RIN1117– House bill, and sections 885, 911, 912, video tape service provider may obtain a AB25) received in the Office of the President and division E of the Senate amend- consumer’s informed, written consent on an of the Senate on December 5, 2011; to the ment, and modifications committed to ongoing basis and that consent may be ob- Committee on the Judiciary. EC–4228. A communication from the Under conference: Messrs. HALL, QUAYLE, and tained through the Internet; to the Com- mittee on the Judiciary. Secretary and Director, Patent and Trade- Ms. EDDIE BERNICE JOHNSON of Texas. mark Office, Department of Commerce, From the Committee on Small Busi- f transmitting, pursuant to law, the report of ness, for consideration of section 804 of EXECUTIVE AND OTHER a rule entitled ‘‘Revision of Patent Term Ad- the House bill, and sections 885–887, and COMMUNICATIONS justment Provisions Relating to Information division E of the Senate amendment, Disclosure Statements’’ (RIN0651–AC56) re- and modifications committed to con- The following communications were ceived in the Office of the President of the laid before the Senate, together with ference: Mr. GRAVES of Missouri, Mrs. Senate on December 1, 2011; to the Com- accompanying papers, reports, and doc- ELLMERS, and Ms. VELA´ ZQUEZ. mittee on the Judiciary. From the Committee on Transpor- uments, and were referred as indicated: EC–4229. A communication from the Acting EC–4220. A communication from the Dep- Staff Director, United States Commission on tation and Infrastructure, for consider- Civil Rights, transmitting, pursuant to law, ation of sections 314, 366, 601, 1098, and uty Chief of the Pricing Policy Division, Wireline Competition Bureau, Federal Com- the report of the appointment of members to 2814 of the House bill, and sections 262, munications Commission, transmitting, pur- the Arizona Advisory Committee; to the 313, 315, 1045, 1088, and 3301 of the Sen- suant to law, the report of a rule entitled Committee on the Judiciary. ate amendment, and modifications ‘‘Revisions to 47 C.F.R. Parts 1, 36, 51, 54, 61, EC–4230. A communication from the Assist- committed to conference: Messrs. 64, and 69 to Comprehensively Reform and ant Attorney General, Office of Legislative MICA, CRAVAACK, and BISHOP of New Modernize the Universal Service and Inter- Affairs, Department of Justice, transmit- York. carrier Compensation Systems’’ (FCC 11–161) ting, pursuant to law, the semi-annual re- received in the Office of the President of the port of the Attorney General relative to Lob- From the Committee on Veterans Af- bying Disclosure Act enforcement actions fairs, for consideration of sections 551, Senate on December 5, 2011; to the Com- mittee on Commerce, Science, and Transpor- taken for the period beginning on July 1, 573, 705, 731, and 1099C of the House bill, tation. 2010; to the Committee on the Judiciary. and sections 631 and 1093 of the Senate EC–4221. A communication from the Assist- EC–4231. A communication from the Assist- amendment, and modifications com- ant Secretary, Bureau of Legislative Affairs, ant Attorney General, Office of Legislative mitted to conference: Mr. BILIRAKIS, Department of State, transmitting, pursuant Affairs, Department of Justice, transmit- Ms. BUERKLE, and Ms. BROWN of Flor- to the Arms Export Control Act, the certifi- ting, pursuant to law, the semi-annual re- ida. cation of a proposed amendment to a manu- port of the Attorney General relative to Lob- From the Committee on Ways and facturing license agreement for the manufac- bying Disclosure Act enforcement actions ture of significant military equipment taken for the period beginning on January 1, Means, for consideration of sections abroad and the export of defense articles, in- 2010; to the Committee on the Judiciary. 704, 1099A, and 1225 of the House bill, cluding, technical data, and defense services EC–4232. A communication from the Direc- and section 848 of the Senate amend- to Japan for the production of the Evolved tor of the Regulation Policy and Manage- ment, and modifications committed to SeaSparrow Missile (ESSM) in the amount of ment Office, Veterans Benefits Administra- conference: Messrs. CAMP, HERGER, and $100,000,000 or more; to the Committee on tion, Department of Veterans Affairs, trans- LEVIN. Foreign Relations. mitting, pursuant to law, the report of a rule The message also announced that the EC–4222. A communication from the Assist- entitled ‘‘Servicemembers’ Group Life Insur- House disagrees to the amendment of ant Secretary, Bureau of Legislative Affairs, ance Traumatic Injury Protection (TSGLI) Department of State, transmitting, pursuant Program Genitourinary (GU) Regulation’’ the Senate to the bill (H.R. 2055) mak- to law, an annual report relative to the Ben- (RIN2900–AO20) received during adjournment ing appropriations for military con- jamin A. Gilman International Scholarship of the Senate in the Office of the President struction, the Department of Veterans Program for 2011; to the Committee on For- of the Senate on December 2, 2011; to the Affairs, and related agencies for the fis- eign Relations. Committee on Veterans’ Affairs.

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EC–4233. A communication from the Sec- the Committee on Commerce, Science, and vania (Mr. CASEY) was added as a co- retary of Veterans Affairs, transmitting, Transportation. sponsor of S. 227, a bill to amend title pursuant to law, a report relative to expendi- By Mr. COBURN (for himself, Mr. SES- XVIII of the Social Security Act to en- tures from the Pershing Hall Revolving SIONS, Mr. CHAMBLISS, Mr. BURR, Mrs. sure more timely access to home Fund; to the Committee on Veterans’ Af- MCCASKILL, Ms. COLLINS, Mr. BEGICH, fairs. Mr. MCCAIN, Ms. AYOTTE, Mr. HATCH, health services for Medicare bene- ficiaries under the Medicare program. f Mr. PAUL, Mr. HELLER, Mr. CRAPO, Mr. COATS, Mr. ENZI, Mr. DEMINT, S. 571 REPORTS OF COMMITTEES Mr. THUNE, Mr. RUBIO, Mr. JOHNSON At the request of Mrs. MURRAY, the The following reports of committees of Wisconsin, Mr. LEE, Mr. BOOZMAN, name of the Senator from Ohio (Mr. Mr. HOEVEN, Mr. CORNYN, Mr. VITTER, were submitted: BROWN) was added as a cosponsor of S. Mr. GRAHAM, Mr. KYL, Mr. TOOMEY, 571, a bill to amend subtitle B of title By Mr. ROCKEFELLER, from the Com- Mr. MCCONNELL, Mr. RISCH, Mr. mittee on Commerce, Science, and Transpor- WICKER, Mr. INHOFE, and Mr. BAR- VII of the McKinney-Vento Homeless tation, with an amendment in the nature of RASSO): Assistance Act to provide education for a substitute: S. 1957. A bill to provide taxpayers with an homeless children and youths, and for S. 1430. A bill to authorize certain mari- annual report disclosing the cost of, perform- other purposes. time programs of the Department of Trans- ance by, and areas for improvements for S. 678 portation, and for other purposes (Rept. No. Government programs, and for other pur- 112–99). poses; to the Committee on Homeland Secu- At the request of Mr. KOHL, the name of the Senator from Minnesota (Ms. f rity and Governmental Affairs. By Mr. VITTER (for himself and Ms. KLOBUCHAR) was added as a cosponsor INTRODUCTION OF BILLS AND LANDRIEU): of S. 678, a bill to increase the penalties JOINT RESOLUTIONS S. 1958. A bill to extend the National Flood for economic espionage. Insurance Program until May 31, 2012; con- The following bills and joint resolu- S. 737 sidered and passed. tions were introduced, read the first By Mr. BURR (for himself, Mrs. FEIN- At the request of Mr. MORAN, the and second times by unanimous con- STEIN, Mr. CHAMBLISS, Mr. COATS, Mr. name of the Senator from Missouri sent, and referred as indicated: BLUNT, Mr. NELSON of Florida, Mr. (Mr. BLUNT) was added as a cosponsor By Mr. KERRY: WARNER, Mr. INHOFE, Mr. GRAHAM, of S. 737, a bill to replace the Director S. 1949. A bill to provide for safe and hu- Mr. CORKER, Mr. KIRK, and Mr. UDALL of the Bureau of Consumer Financial mane policies and procedures pertaining to of Colorado): Protection with a 5-person Commis- the arrest, detention, and processing of S. 1959. A bill to require a report on the sion, to bring the Bureau into the reg- designation of the Haqqani Network as a for- aliens in immigration enforcement oper- ular appropriations process, and for ations; to the Committee on the Judiciary. eign terrorist organization and for other pur- By Mr. LAUTENBERG (for himself, poses; to the Committee on Foreign Rela- other purposes. Mr. ROCKEFELLER, and Mr. PRYOR): tions. S. 755 S. 1950. A bill to amend title 49, United By Ms. COLLINS (for herself and Mrs. At the request of Mr. WYDEN, the States Code, to improve commercial motor MCCASKILL): name of the Senator from Wisconsin S. 1960. A bill to provide incentives to cre- vehicle safety and reduce commercial motor (Mr. KOHL) was added as a cosponsor of vehicle-related accidents and fatalities, to ate American jobs; to the Committee on Fi- nance. S. 755, a bill to amend the Internal authorize the Federal Motor Carrier Safety Revenue Code of 1986 to allow an offset Administration, and for other purposes; to By Mr. REED (for himself, Ms. SNOWE, the Committee on Commerce, Science, and Mr. SANDERS, Mr. BROWN of Ohio, Mr. against income tax refunds to pay for Transportation. KERRY, Mrs. SHAHEEN, Mr. WHITE- restitution and other State judicial By Mr. SCHUMER (for himself, Mr. HOUSE, Mr. FRANKEN, Mr. debts that are past-due. BLUMENTHAL, Mr. CASEY, Mrs. GILLI- LEAHY, and Mr. SANDERS): S. 1281 S. 1951. A bill to restore the exemption BRAND, Mr. ROCKEFELLER, Mr. LIE- BERMAN, Ms. COLLINS, Mr. BROWN of At the request of Mr. KIRK, the name from fees for certain customs services for of the Senator from Connecticut (Mr. passengers arriving from Canada, Mexico, Massachusetts, Ms. AYOTTE, Mr. and islands adjacent to the United States; to SCHUMER, Mr. WEBB, Mr. BEGICH, and BLUMENTHAL) was added as a cosponsor the Committee on Finance. Mr. CARDIN): of S. 1281, a bill to amend title 49, By Mr. LAUTENBERG (for himself and S. 1961. A bill to provide level funding for United States Code, to prohibit the the Low-Income Home Energy Assistance Mr. ROCKEFELLER): transportation of horses in interstate S. 1952. A bill to improve hazardous mate- Program; to the Committee on Appropria- transportation in a motor vehicle con- rials transportation safety and for other pur- tions. By Mr. DEMINT (for himself and Mr. taining two or more levels stacked on poses; to the Committee on Commerce, top of one another. Science, and Transportation. BARRASSO): S. 1962. A bill to make the internal control By Mr. LAUTENBERG (for himself and S. 1551 reporting and assessment requirements of Mr. ROCKEFELLER): At the request of Mr. KIRK, the name the Sarbanes-Oxley Act of 2002 optional for S. 1953. A bill to reauthorize the Research of the Senator from Mississippi (Mr. certain smaller companies; to the Com- and Innovative Technology Administration, mittee on Banking, Housing, and Urban Af- COCHRAN) was added as a cosponsor of to improve transportation research and de- fairs. S. 1551, a bill to establish a smart card velopment, and for other purposes; to the pilot program under the Medicare pro- f Committee on Commerce, Science, and gram. Transportation. SUBMISSION OF CONCURRENT AND S. 1692 By Mrs. HUTCHISON (for herself and SENATE RESOLUTIONS Mr. ROCKEFELLER): At the request of Mr. BINGAMAN, the S. 1954. A bill to amend title 49, United The following concurrent resolutions name of the Senator from West Vir- States Code, to provide for expedited secu- and Senate resolutions were read, and ginia (Mr. ROCKEFELLER) was added as rity screenings for members of the Armed referred (or acted upon), as indicated: a cosponsor of S. 1692, a bill to reau- Forces; to the Committee on Commerce, By Mr. WYDEN (for himself and Mr. thorize the Secure Rural Schools and Science, and Transportation. MERKLEY): Community Self-Determination Act of By Mr. PAUL: S. Res. 345. A resolution expressing the S. 1955. A bill to authorize the interstate 2000, to provide full funding for the sense of the Senate on the closure of Payments in Lieu of Taxes program, traffic of unpasteurized milk and milk prod- Umatilla Army Chemical Depot, Oregon; ucts that are packaged for direct human con- considered and agreed to. and for other purposes. sumption; to the Committee on Health, Edu- S. 1718 cation, Labor, and Pensions. f At the request of Mr. WYDEN, the By Mr. THUNE: ADDITIONAL COSPONSORS S. 1956. A bill to prohibit operators of civil name of the Senator from Arkansas aircraft of the United States from partici- S. 227 (Mr. PRYOR) was added as a cosponsor pating in the European Union’s emissions At the request of Ms. COLLINS, the of S. 1718, a bill to amend title XVIII of trading scheme, and for other purposes; to name of the Senator from Pennsyl- the Social Security Act with respect to

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00037 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.001 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19088 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 the application of Medicare secondary of Congress of securities transactions, Fourth: job training—we propose fun- payer rules for certain claims. and for other purposes. damentally reforming the hodge-podge S. 1781 S. 1904 of Federal jobs training programs to At the request of Mr. BINGAMAN, the At the request of Mr. DEMINT, the focus on what really works. We also name of the Senator from Oregon (Mr. name of the Senator from Idaho (Mr. propose extending the charitable de- MERKLEY) was added as a cosponsor of RISCH) was added as a cosponsor of S. duction for books and computers. S. 1781, a bill to amend the Internal 1904, a bill to provide information on We would offset the cost of these pro- Revenue Code of 1986 to exclude from total spending on means-tested welfare posals with a 10-year, 2 percent surtax gross income amounts received on ac- programs, to provide additional work on those with incomes of a million dol- count of claims based on certain un- requirements, and to provide an overall lars or more, but with a ‘‘carve out’’ to lawful discrimination and to allow in- spending limit on means-tested welfare protect small business owner-opera- come averaging for backpay and programs. tors: our nation’s job creators. frontpay awards received on account of S. 1925 Let me discuss these proposals in fur- such claims, and for other purposes. At the request of Mr. LEAHY, the ther detail. With respect to taxes, Sen- ator MCCASKILL and I believe that ac- S. 1798 names of the Senator from Illinois (Mr. tion must be taken quickly to extend At the request of Mr. UDALL of New KIRK), the Senator from Illinois (Mr. the two percent payroll tax cut for em- Mexico, the name of the Senator from DURBIN), the Senator from Wisconsin ployees that is scheduled to expire at Montana (Mr. TESTER) was added as a (Mr. KOHL), the Senator from Min- the end of this month. Unless we do so, cosponsor of S. 1798, a bill to direct the nesota (Ms. KLOBUCHAR), the Senator 159 million Americans will face a tax Secretary of Veterans Affairs to estab- from Connecticut (Mr. BLUMENTHAL) increase of up to $2,000 at a time when lish an open burn pit registry to ensure and the Senator from California (Mrs. the economy is still weak. With so that members of the Armed Forces who BOXER) were added as cosponsors of S. many American families struggling to may have been exposed to toxic chemi- 1925, a bill to reauthorize the Violence make ends meet, the last thing we cals and fumes caused by open burn Against Women Act of 1994. ought to do is to allow an automatic pits while deployed to Afghanistan or S. 1944 tax increase to take effect in less than Iraq receive information regarding At the request of Mr. CASEY, the a month. such exposure, and for other purposes. names of the Senator from Vermont (Mr. LEAHY) and the Senator from But keeping taxes steady won’t be S. 1821 Michigan (Ms. STABENOW) were added enough to get the economy going At the request of Mr. COONS, the as cosponsors of S. 1944, a bill to create again. If we want more jobs, we must name of the Senator from California jobs by providing payroll tax relief for do more. That is why Senator MCCAS- (Mrs. FEINSTEIN) was added as a co- middle class families and businesses, KILL and I are proposing that the two sponsor of S. 1821, a bill to prevent the and for other purposes. percent payroll tax cut be extended to termination of the temporary office of S. RES. 310 employers, too, on the first $10 million bankruptcy judges in certain judicial of payroll. This targets small and me- districts. At the request of Ms. MIKULSKI, the name of the Senator from Ohio (Mr. dium-sized employers who have histori- S. 1822 BROWN) was added as a cosponsor of S. cally been the source of our nation’s At the request of Mr. HELLER, the Res. 310, a resolution designating 2012 job growth. name of the Senator from Virginia (Mr. as the ‘‘Year of the Girl’’ and congratu- We also extend bonus depreciation WEBB) was added as a cosponsor of S. lating Girl Scouts of the USA on its and Section 179 expensing at the cur- 1822, a bill to provide for the exhuma- 100th anniversary. rent level, to encourage businesses to tion and transfer of remains of de- use this tax benefit to invest in the ceased members of the Armed Forces f tools American workers need to remain buried in Tripoli, Libya. STATEMENTS ON INTRODUCED the best in the world. S. 1882 BILLS AND JOINT RESOLUTIONS In the global competition for jobs, At the request of Mr. BINGAMAN, the By Ms. COLLINS (for herself and American workers go head-to-head name of the Senator from Minnesota Mrs. MCCASKILL): with workers from China, India, and (Mr. FRANKEN) was added as a cospon- S. 1960. A bill to provide incentives to other countries, who are paid far less sor of S. 1882, a bill to amend the Fed- create American jobs; to the Com- than Americans, and whose working eral Food, Drug, and Cosmetic Act to mittee on Finance. conditions would rightly be viewed as ensure that valid generic drugs may Ms. COLLINS. Mr. President, I rise unacceptable here in the United States. enter the market. today, along with my friend and col- The middle-class, the source of America’s economic strength, was built S. 1886 league Senator MCCASKILL, to intro- by making sure American workers had At the request of Mr. LEAHY, the duce legislation we believe is essential the best tools in the world, so they name of the Senator from Minnesota to restoring growth and creating jobs would be the most productive workers (Ms. KLOBUCHAR) was added as a co- in our economy. in the world. Productivity and tools go sponsor of S. 1886, a bill to prevent Our bipartisan bill is comprised of hand-in-hand, and in the global com- trafficking in counterfeit drugs. proposals in four general categories. First: taxes—we would protect Amer- petition for jobs, the worker with the S. 1894 ican workers from payroll tax in- best tools wins. At the request of Mr. SCHUMER, the creases and preserve and provide new The provisions I have described will name of the Senator from Delaware tax incentives for small business job help businesses invest and keep the (Mr. COONS) was added as a cosponsor creators to help spur job growth. American worker ahead of the global of S. 1894, a bill to deter terrorism, pro- Second: infrastructure—we propose competition. vide justice for victims, and for other restoring and expanding funding to re- There are several other tax benefits purposes. build our nation’s crumbling roads, in our package. One is an innovative S. 1903 bridges, and water treatment plants, proposal that originated with Senators At the request of Mrs. GILLIBRAND, adding jobs now and ensuring that the MARK PRYOR and SCOTT BROWN to gen- the name of the Senator from South critical infrastructure needed for long- erate investment in new high-tech Dakota (Mr. THUNE) was added as a co- term economic growth is properly companies. We all know how dynamic sponsor of S. 1903, a bill to prohibit maintained. these young companies can be—a dec- commodities and securities trading Third: sensible regulatory reform— ade ago, Google was a fledgling search based on nonpublic information relat- we focus on cutting the tangle of red- engine and Facebook didn’t even exist. ing to Congress, to require additional tape that is holding businesses back Today, Google executes billions of reporting by Members and employees from expanding and adding jobs. searches every week, and Facebook has

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These banks are revolving ample, estimates that one billion dol- companies in the high-tech field, or the loan funds established and adminis- lars invested in water infrastructure millions of jobs they have created. The tered by State DOT’s to complement can create over 26,000 jobs. tax credit we propose will help the high traditional funding by providing loans, As I meet with businesses, a chief tech firms of the future get the support loan guarantees, and other forms of complaint is that regulations and red they need to get off the ground, and be- non-grant assistance that leverage pri- tape are preventing them from growing come a part of the American story. vate dollars. This one-time infusion and adding jobs. Our bill also contains It is also important to help estab- would allow states to voluntarily uti- important reforms to our regulatory lished companies stay on the cutting lize this additional funding, while at system by incorporating provisions I edge by extending the Research and the same time ensuring that there is offered earlier this year as the CURB Development tax credit. sufficient oversight, reporting and pub- Act, which stands for Clearing Unnec- Before I go on to describe the other lic disclosure requirements. essary Regulatory Burdens. These pro- provisions of this bipartisan jobs bill, I Additionally, my bill would provide visions are designed to force Federal would like to explain further the small $25 billion in supplemental appropria- agencies to cut the red tape that im- business ‘‘carve out’’ we built into our tions for existing highway and bridge pedes job growth. offset. Many on my side of the aisle formula programs. This funding is All too often it seems Federal agen- have voiced the concern that a surtax meant to supplement and not replace cies do not take into account the im- would fall on small businesses. I share the approximately $40 billion appro- pacts to small businesses and job that concern. Most of our nation’s priated annually under the current growth before imposing new rules and small businesses are structured as Surface Transportation authorization regulations. The bill we are intro- ‘‘flow-through’’ entities, such as ‘‘sub- for similar transportation programs. ducing today obligates them to do so in chapter S’’ corporations. These flow- According to the Federal Highway Ad- three ways: first, by requiring Federal through entities do not pay taxes di- ministration’s most recent estimates, agencies to analyze the indirect costs of regulations, such as the impact on rectly, but instead distribute their in- every $1 billion spent on highway con- job creation, the cost of energy, and come to their owners, who then pay tax struction supported approximately consumer prices. on that income on their individual in- 30,000 jobs. Currently, Federal agencies are not come tax returns. It is essential that we rebuild our na- required by statute to analyze the indi- To impose a surtax on this income as tion’s deteriorating infrastructure. Ac- rect cost regulations can have on the if it were the owners’ personal income cording to the American Society of public, such as higher energy costs, would be a mistake—we would be rais- Civil Engineers, it would cost more higher prices, and the impact on job ing taxes on our nation’s job creators than $200 billion annually to substan- creation. However, Executive Order at the exact same time we are trying tially improve the conditions of our na- 12866, issued by President Clinton in to get our nation’s job engine started tion’s roads and bridges—far more than 1993, obligates agencies to provide the again. current levels of national investment. Office of Information and Regulatory If we ignore this reality, we risk tax- Our legislation will not only create Affairs with an assessment of the indi- ing small businesses as if they are ‘‘the jobs but also bolster important road rect costs of proposed regulations. Our wealthy.’’ They are not. and bridge investments throughout the bill would essentially codify this provi- We cannot impose higher taxes on United States. sion of President Clinton’s Executive flow-through income without taking I am pleased to hear that the Amer- Order. money out of small businesses—money ican Association of State Highway and Second, our bill obligates Federal that is needed to help those small busi- Transportation Officials, AASHTO, a agencies to comply with public notice nesses invest and add jobs. That is why nonprofit, nonpartisan association, and comment requirements and pro- Senator MCCASKILL and I are proposing supports what we have proposed in our hibits them from circumventing these to ‘‘carve out’’ owner-operator small bill. These investments not only create requirements by issuing unofficial business income so it is not subject to jobs now when they are needed most, rules as ‘‘guidance documents.’’ the surtax. but they also address our nation’s After President Clinton issued Execu- The way we would accomplish this is aging infrastructure, a daunting but tive Order 12866, Federal agencies found to separate ‘‘active business income’’ essential task. it easier to issue so- called ‘‘guidance from ‘‘passive business income,’’ track- There is also no shortage of sewer documents,’’ rather than formal rules. ing the passive activity rules of Sec- and drinking water infrastructure Although these guidance documents tion 469 of the tax code. Basically, this needs in states and communities across are merely an agency’s interpretation means that business owner-operators the nation. The American Society of of how the public can comply with a who ‘‘materially participate’’ in the Civil Engineers’ latest infrastructure particular rule, and are not enforceable running of their businesses will be pro- report card gave the nation’s water in- in court, as a practical matter they op- tected from the surtax, while those frastructure a D¥, and the Environ- erate as if they are legally binding. who are passive investors will pay mental Protection Agency estimates Thus, they have been used by agencies higher rates. $187.9 billion in wastewater needs and to circumvent OIRA regulatory review This is as it should be. Owner-opera- $334.8 billion in drinking water needs and public notice and comment re- tors are actively engaged in running over the next 20 years. quirements. their small businesses. They are on the To help ensure the provision of safe In 2007, OMB issued a Bulletin which front lines of our economy, and of the water, we propose providing $800 mil- contained a provision closing this loop- communities in which they live. The lion in additional funding to the Clean hole by imposing ‘‘Good Guidance pass-through income that shows up on Water and Drinldng Water State Re- Practices’’ on Federal agencies. This their tax returns is critical to their volving Loan Funds, CWSRF and requires agencies to provide public no- ability to finance investment, and grow DWSRF, to help ensure these critical tice and comment for significant guid- their businesses. Left in their hands, infrastructure programs are funded at ance documents. Our bill would essen- this income will lead to more jobs and the fiscal year 2010 levels of $2.1 billion tially codify this OMB Bulletin. buy the tools that make American for CWSRF and $1.387 billion for Third, our bill helps out the ‘‘little workers more productive. DWSRF. Water infrastructure invest- guy’’ trying to navigate our incredibly

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complex and burdensome regulatory In closing, Senator MCCASKILL and I the coldest months when they need it environment. So many small busi- believe this is the first comprehensive most. Given the uncertainty in the full nesses don’t have a lot of capital on bipartisan jobs bill to be introduced in year appropriations for LIHEAP, which hand. When a small business inadvert- the Senate since the President’s speech resulted in the release of only $1.7 bil- ently runs afoul of a Federal regulation before the Joint Session of Congress in lion in LIHEAP funding to States in for the first time, that first penalty September. With the end of the year October, some States have already could sink the business and the jobs it just three weeks away, we must take begun lowering LIHEAP grant supports. Our bill directs agencies to action now to protect the American amounts. search their files to determine whether public from a tax increase that will LIHEAP is a smart investment. For a small business is facing a paperwork occur automatically on January 1. We every dollar in benefits paid, $1.13 is violation for the first time, and to offer must also work together to help grow generated in economic activity, ac- to waive the penalty for that violation the economy and add jobs. In achieving cording to economists Mark Zandi and if no harm has come of it. It simply these goals, I would ask my colleagues Alan S. Blinder. doesn’t make sense to me to punish to consider the approach Senator I know we face a lot of difficult budg- small businesses the first time they MCCASKILL and I have proposed in this et decisions around here, but I, along accidently fail to comply with paper- bipartisan jobs legislation. with so many of my colleagues, believe work requirements, so long as no harm that LIHEAP should not be the place comes from that failure. By Mr. REED (for himself, Ms. where we seek savings. One example of a planned onerous SNOWE, Mr. SANDERS, Mr. I look forward to working to provide regulatory action by the Environ- BROWN of Ohio, Mr. KERRY, Mrs. level funding for LIHEAP for fiscal mental Protection Agency is the Max- SHAHEEN, Mr. WHITEHOUSE, Mr. year 2012. imum Achievable Control Technology FRANKEN, Mr. BLUMENTHAL, Mr. Mr. President, I ask unanimous con- standards for boilers and incinerators, CASEY, Mrs. GILLIBRAND, Mr. sent that the text of the bill be printed known as Boiler MACT. While cur- ROCKEFELLER, Mr. LIEBERMAN, in the RECORD. rently being reworked by the agency, Ms. COLLINS, Mr. BROWN of Mas- There being no objection, the text of these rules could cost manufacturers sachusetts, Ms. AYOTTE, Mr. the bill was ordered to be printed in billions of dollars, and potentially lead SCHUMER, Mr. WEBB, Mr. the RECORD, as follows: to the loss of thousands of jobs, espe- BEGICH, and Mr. CARDIN): cially in some of the hardest hit areas S. 1961 S. 1961. A bill to provide level funding Be it enacted by the Senate and House of Rep- across the Nation. According to a re- for the Low-Income Home Energy As- cent study commissioned by the Amer- resentatives of the United States of America in sistance Program; to the Committee on Congress assembled, ican Forest and Paper Association, im- Appropriations. SECTION 1. SHORT TITLE. plementing the rule as previously Mr. REED. Mr. President, today I am This Act may be cited as the ‘‘LIHEAP drafted could cause 36 pulp and paper introducing the bipartisan LIHEAP Protection Act’’. mills around the country to close, put- Protection Act, along with my col- SEC. 2. LOW-INCOME HOME ENERGY ASSISTANCE ting over 20,000 Americans out of APPROPRIATIONS. leagues Senator SNOWE from Maine and work—18% of the industry’s workforce. (a) PURPOSE.—The purpose of this section— Senator SANDERS from Vermont, and For this reason, our legislation in- (1) is to ensure the appropriation for fiscal many of our colleagues on both sides of cludes the EPA Regulatory Relief Act, year 2012 of the total amounts described in the aisle. I am pleased to see such which currently has 40 bipartisan co- subsection (b), for payments described in broad support for funding for this crit- sponsors, to guarantee the 15 months that subsection, under this Act or prior ap- the EPA itself requested, to provide ical program even in the midst of our propriations Acts; and (2) is not to require the appropriation of the agency with the testing data need- budget challenges. Indeed, LIHEAP is a lifeline, pro- additional amounts for those payments, ed for achievable rules and provide under appropriations Acts enacted after this manufacturers with the time needed viding vulnerable families with vital assistance when they need it most by Act. for the capital planning to comply with (b) APPROPRIATION.—In addition to any these very complex and expensive helping low-income families and sen- amounts appropriated under any provision of rules. iors on fixed-incomes with their energy Federal law, as of the date of enactment of Maine has lost more than a third of bills. this Act, there is appropriated, out of any its manufacturing jobs during the past Last year, Congress provided $4.7 bil- money in the Treasury not otherwise appro- decade, and I am wary of imposing lion for LIHEAP. In an effort to con- priated, for fiscal year 2012— trol Federal spending, the Administra- (1) an amount sufficient to yield a total costly new regulations that could lead amount of $4,501,000,000, for making pay- to more mill closures and lost jobs. I tion proposed an approximately 45 per- cent cut in LIHEAP funds from last ments under subsections (b) and (d) of sec- remain committed to working with my tion 2602 of the Low-Income Home Energy Senate colleagues and the EPA to help year’s level, down to about $2.57 billion Assistance Act of 1981 (42 U.S.C. 8621), and all ensure that the Boiler MACT rules are in 2012. The Senate and House Appro- of such total amount shall be used under the crafted to protect public health with- priations bills only partially restored authority and conditions applicable to such out harming the forest products indus- this drastic cut, to roughly $3.6 billion payments under the Full-Year Continuing try, which is the lifeblood of many and $3.4 billion, respectively. Appropriations Act, 2011; and small, rural communities. These cutbacks could put our most (2) an amount sufficient to yield a total We must also act to reform our Fed- vulnerable citizens at risk, especially amount of $200,000,000, for making payments as the number of households eligible under section 2602(e) of the Low-Income eral jobs training programs. In our cur- Home Energy Assistance Act of 1981 (42 rent fiscal climate, we need to ensure for the program already exceeds those U.S.C. 8621(e)), notwithstanding the designa- that our Federal dollars are being used receiving assistance. Given the dif- tion requirement of such section 2602(e), and as efficiently and productively as pos- ficult economy and the projected rise all of such total amount shall be used under sible. The Collins-McCaskill bill re- in household energy expenditures, as the authority and conditions applicable to quires OMB to study the consolidation much as 8 percent more than last year such payments under the Full-Year Con- of duplicative job training programs for those who heat their homes with tinuing Appropriations Act, 2011. and make legislative recommendations heating oil according to the Energy In- SEC. 3. SENSE OF THE SENATE. to Congress that contemplate consoli- formation Administration, it does not It is the sense of the Senate that— dating job training programs under a make sense to cut vital LIHEAP fund- (1) this Act should be carried out in a man- ing. ner consistent with the Budget Control Act single agency. Of the savings that re- of 2011 (Public Law 112–25; 125 Stat. 240); sult from this consolidation, half will We also need to act quickly. If fund- (2) the Secretary of Health and Human be devoted to classroom, field, and ing is not finalized before winter, mil- Services should continue and expedite pro- hands-on training, and the other half lions of low-income households run the gram integrity efforts to identify best prac- will be be used to reduce the deficit. risk of not receiving assistance during tices used by grant recipients under the Low-

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Program funds reach the households who received from Vermonters all over the That is why Senators JACK REED, need them most; and State who are trying desperately to OLYMPIA SNOWE, I, and many others are (3) every Program dollar going to waste, stay warm this winter. working hard so that at the very least fraud, and abuse is a dollar not being spent Josie Crosby, 81 years of age, of we can level fund LIHEAP so that no- as the dollar is needed or intended. Brattleboro, VT, said this: body in our country goes cold this win- Mr. SANDERS. Mr. President, I wish We will have money for one more tank. ter. to say a few words about an issue of After that, I don’t know. f enormous importance to the people of That is a woman who is 81 years of the State of Vermont and people all age who has money for one more tank SUBMITTED RESOLUTIONS over this country; that is, the issue of of oil. After that, she is not sure how making sure that in America this win- they will stay warm in the winter. ter nobody goes cold, that nobody A 48-year-old from Orleans County in SENATE RESOLUTION 345—EX- freezes to death, that children do not the northern part of our State wrote PRESSING THE SENSE OF THE become ill because the thermostats in this: SENATE ON THE CLOSURE OF their homes are turned down so low. I was able to get 100 gallons of fuel last UMATILLA ARMY CHEMICAL The issue I am talking about is to week, and for that I am grateful. The strug- DEPOT, OREGON ask for support for legislation that is gle begins now on how to stretch that fuel as Mr. WYDEN (for himself and Mr. being introduced by Senator JACK REED long as possible. I had to buy a portable elec- MERKLEY) submitted the following res- of Rhode Island and Senator OLYMPIA tric heater to keep halfway warm while wait- ing for fuel assistance. I don’t even want to olution; which was considered and SNOWE of Maine which would level fund agreed to: the LIHEAP program at $4.7 billion. As see how high my electric bill will be. I am an honorably discharged disabled veteran and most of my colleagues know, LIHEAP S. RES. 345 have limited funds. I have already slashed Whereas, in December 2001, the National is the Low-Income Home Energy As- my food bill, so what goes next? My meds, sistance Program. Defense Authorization Act for fiscal year my electric service, my home? 2002 (Public Law 107–107) was signed into law, Here is the problem we face. We are That is from a disabled vet in the which included authorization for a 2005 in the midst of a horrendous recession. northern part of Vermont. round of defense base closure and realign- Unemployment is sky high. In many A 59-year-old woman in central ment (BRAC); cases, wages are in decline, poverty is Vermont writes: Whereas, on February 16, 2004, Secretary of Defense Donald Rumsfeld included the clo- increasing, and at the same time the I have been keeping my thermostat as low sure of the Umatilla Army Chemical Depot, price for home heating oil and propane as I can ‘‘almost’’ tolerate. I bundle up in the Oregon, as one of his recommendations for gas is going up. According to the En- house with several sweaters, and even a coat the 2005 round of defense base closure and re- ergy Information Administration, aver- and hat at times. When company arrives, I alignment; am embarrassed at how ridiculous I probably age expenditures for households that Whereas, on September 8, 2005, the Defense appear. I am just barely squeaking through heat with oil or propane are forecast to Base Closure and Realignment Commission, each month. I have made cuts everywhere be higher than in any previous winter. in its report making recommendations to the possible, including food. Heating oil prices are currently aver- President, found that Secretary of Defense aging about $3.90 a gallon. So what peo- Wendy Raven, 62, from Whitingham, Rumsfeld’s assertion that the chemical de- ple in the Northeast and people all over VT, writes: militarization mission at Umatilla would be this country are looking at are the I had to drag my bed out of my bedroom complete by the 2nd quarter of 2011 was opti- highest home heating oil prices we and put it in the living room, then close off mistic, and wrote, ‘‘An examination of sta- the bedroom for the winter. I will have to eat tus information for the depot’s mission com- have ever seen, coming in the midst of pletion and subsequent closure revealed that a terrible recession, with unemploy- even less than I do now in order to pay my fuel bills. I have done everything I can to dates may slip beyond the 6-year statutory ment high and wages in decline. button up the place, but now all I can do is period for completion of BRAC actions.’’; In Vermont, heating oil prices are al- pray I get through the winter without a bill Whereas, in that same report, the Defense ready 34 percent higher than they were so large it will again take me until next fall Base Closure and Realignment Commission at the same time last year. It is cur- to pay it off. took the Secretary of Defense’s rec- rently $3.82 a gallon, compared to $2.85 Is that where we are in the United ommendation ‘‘Close Umatilla Chemical a gallon last year. What is happening is Depot, OR’’ and changed it to ‘‘On comple- States of America—that we force peo- tion of the chemical demilitarization mis- that because of cuts—significant cuts— ple to live under those conditions? sion in accordance with treaty obligations, in LIHEAP funding, the average A 31-year-old woman from close Umatilla Chemical Depot, OR’’; LIHEAP benefit in Vermont is 45 per- Bennington, VT, writes: Whereas, by doing so, the Defense Base cent less this year than it was last We are now trying to stay warm by scrap- Closure and Realignment Commission ac- year, and that is $474 per family as op- ing up enough for a gallon or two of heating knowledged that the closure of Umatilla posed to $866 last year. oil a week, and keeping the thermostat down Army Chemical Depot would happen when One thing that has to be understood very low. I turn the furnace off during the the demilitarization mission is completed, about LIHEAP is that nearly 80 percent day when my child is in school and turn it on even if that is after September 15, 2011; and of funding from this program goes to an hour before she gets home so that the Whereas Congress did not pass a joint reso- lution of disapproval with respect to the our citizens who are elderly, families house gets warm. We are hoping to qualify for crisis fuel assistance or we are in trouble, Commission’s report, and the report and rec- with preschool kids, and the disabled. because there is nowhere to get the extra ommendations became law: Now, therefore, So the people who benefit from this money needed to pay for the fuel, especially be it program are some of the most vulner- considering its continuously increasing cost. Resolved, That, in light of the clear his- able people in our country. Eighty per- We have to choose what bills to pay each tory, the Senate reiterates its original in- cent of the funding, once again, goes to month and what ones not in order to put tent and reaffirms its direction that the clo- senior citizens, families with preschool food on the table. sure of the Umatilla Army Chemical Depot, children, young children, and people In this great Nation, in the midst of Oregon, and subsequent management and disposal shall be carried out in accordance who are dealing with disabilities. a recession, in the midst of high unem- with procedures and authorities contained in It is not uncommon in the State of ployment, in the midst of growing pov- the Defense Base Closure and Realignment Vermont and in other States for the erty, we as the Senate must be very Act of 1990 (part A of title XXIX of Public temperatures to drop to 10 below zero clear that nobody in this country is Law 101–510; 10 U.S.C. 2687 note).

VerDate Sep 11 2014 14:10 Jan 08, 2016 Jkt 099102 PO 00000 Frm 00041 Fmt 0685 Sfmt 0634 E:\BR11\S07DE1.001 S07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19092 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 7, 2011 NOTICE OF HEARING mittee on the Judiciary be authorized The assistant legislative clerk read to meet during the session of the Sen- COMMITTEE ON HEALTH, EDUCATION, LABOR, as follows: AND PENSIONS ate on December 7, 2011, at 10 a.m., in room SD–226 of the Dirksen Senate Of- A resolution (S. Res. 345) expressing the Mr. HARKIN. Mr. President, I wish to sense of the Senate on the closure of announce that the Committee on fice Building, to conduct a hearing en- titled ‘‘Reauthorizing the EB–5 Re- Umatilla Army Chemical Depot, Oregon. Health, Education, Labor, and Pen- gional Center Program: Promoting Job sions will meet in executive session on There being no objection, the Senate Creation and Economic Development Wednesday, December 14, 2011, at 10 proceeded to consider the resolution. in American Communities.’’ a.m. in SD–430 to mark up the fol- The PRESIDING OFFICER. Without Mr. MERKLEY. Mr. President, I ask lowing: objection, it is so ordered. unanimous consent that the resolution S. 1855, the Pandemic and All-Hazards Pre- SUBCOMMITTEE ON FINANCIAL INSTITUTIONS be agreed to, the preamble be agreed paredness Act Reauthorization of 2011; AND CONSUMER PROTECTION to, the motions to reconsider be laid Wendy Spencer, to be Chief Executive Of- Mr. WHITEHOUSE. Mr. President, I fice of the Corporation for National and upon the table, with no intervening ac- Community Service; ask unanimous consent that the Com- tion or debate, and any related state- mittee on Banking, Housing, and Deepa Gupta, to be a member of the Na- ments be printed in the RECORD. tional Council on the Arts; Urban Affairs’ Subcommittee on Fi- Christopher Merrill, to be a member of the nancial Institutions and Consumer The PRESIDING OFFICER. Without National Council on the Humanities; Protection be authorized to meet dur- objection, it is so ordered. Stephanie Orlando, to be a member of the ing the session of the Senate on De- The resolution (S. Res. 345) was National Council on Disability; cember 7, 2011, at 2 p.m., to conduct a agreed to. Gary Blumenthal, to be a member of the hearing entitled ‘‘Enhanced Super- National Council on Disability; and vision: A New Regime for Regulating The preamble was agreed to. en bloc, one hundred and seventy-eight Large, Complex Financial Institu- nominations to the Public Health Service. The resolution, with its preamble, tions.’’ reads as follows: For further information regarding The PRESIDING OFFICER. Without this meeting, please contact the com- objection, it is so ordered. S. RES. 345 mittee on (202) 224–5375. SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Whereas, in December 2001, the National f MANAGEMENT, THE FEDERAL WORKFORCE, Defense Authorization Act for fiscal year AND THE DISTRICT OF COLUMBIA AND THE AD 2002 (Public Law 107–107) was signed into law, AUTHORITY FOR COMMITTEES TO HOC SUBCOMMITTEE ON DISASTER RECOVERY which included authorization for a 2005 MEET AND INTERGOVERNMENTAL AFFAIRS round of defense base closure and realign- ment (BRAC); COMMITTEE ON COMMERCE, SCIENCE, AND Mr. WHITEHOUSE. Mr. President, I Whereas, on February 16, 2004, Secretary of TRANSPORTATION ask unanimous consent that the Com- Defense Donald Rumsfeld included the clo- Mr. WHITEHOUSE. Mr. President, I mittee on Homeland Security and Gov- ernmental Affairs’ Subcommittee on sure of the Umatilla Army Chemical Depot, ask unanimous consent that the Com- Oregon, as one of his recommendations for mittee on Commerce, Science, and Oversight of Government Management, the 2005 round of defense base closure and re- Transportation be authorized to meet the Federal Workforce, and the Dis- alignment; during the session of the Senate on De- trict of Columbia and the Ad Hoc Sub- Whereas, on September 8, 2005, the Defense cember 7, 2011, at 2:30 p.m. in room 253 committee on Disaster Recovery and Base Closure and Realignment Commission, of the Russell Senate Office Building. Intergovernmental Affairs be author- in its report making recommendations to the The Committee will hold a hearing ized to meet during the session of the President, found that Secretary of Defense Senate on December 7, 2011, at 2:30 Rumsfeld’s assertion that the chemical de- entitled, ‘‘Turning the Investigation on militarization mission at Umatilla would be the Science of Forensics.’’ p.m., to conduct a joint hearing enti- tled ‘‘From Earthquakes to Terrorist complete by the 2nd quarter of 2011 was opti- The PRESIDING OFFICER. Without mistic, and wrote, ‘‘An examination of sta- objection, it is so ordered. Attacks: Is the National Capital Re- tus information for the depot’s mission com- gion Prepared for the Next Disaster?’’ pletion and subsequent closure revealed that COMMITTEE ON FINANCE The PRESIDING OFFICER. Without Mr. WHITEHOUSE. Mr. President, I dates may slip beyond the 6-year statutory objection, it is so ordered. period for completion of BRAC actions.’’; ask unanimous consent that the Com- f Whereas, in that same report, the Defense mittee on Finance be authorized to Base Closure and Realignment Commission meet during the session of the Senate PRIVILEGES OF THE FLOOR took the Secretary of Defense’s rec- on December 7, 2011, at 10 a.m., in room Mr. GRASSLEY. Mr. President, I ask ommendation ‘‘Close Umatilla Chemical 215 of the Dirksen Senate Office Build- unanimous consent that Ty Grogan, an Depot, OR’’ and changed it to ‘‘On comple- ing, to conduct a hearing entitled intern of Senator DEMINT’s office, be tion of the chemical demilitarization mis- ‘‘Drug Shortages: Why They Happen granted floor privileges for today’s ses- sion in accordance with treaty obligations, and What They Mean.’’ sion of the Senate. close Umatilla Chemical Depot, OR’’; Whereas, by doing so, the Defense Base The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Closure and Realignment Commission ac- objection, it is so ordered. objection, it is so ordered. knowledged that the closure of Umatilla COMMITTEE ON HOMELAND SECURITY AND Mr. HARKIN. Mr. President, I ask Army Chemical Depot would happen when GOVERNMENTAL AFFAIRS unanimous consent that Ashley Ste- the demilitarization mission is completed, Mr. WHITEHOUSE. Mr. President, I vens and Anna Esten of my staff be even if that is after September 15, 2011; and ask unanimous consent that the Com- granted the privilege of the floor for Whereas Congress did not pass a joint reso- mittee on Homeland Security and Gov- the duration of today’s proceedings. lution of disapproval with respect to the Commission’s report, and the report and rec- ernmental Affairs be authorized to The PRESIDING OFFICER. Without objection, it is so ordered. ommendations became law: Now, therefore, meet during the session of the Senate be it on December 7, 2011, at 9:30 a.m. to con- f Resolved, That, in light of the clear his- duct a hearing entitled ‘‘Homegrown CLOSURE OF UMATILLA ARMY tory, the Senate reiterates its original in- Terrorism: The Threat to Military CHEMICAL DEPOT, OREGON tent and reaffirms its direction that the clo- Communities Inside the United Mr. MERKLEY. Mr. President, I ask sure of the Umatilla Army Chemical Depot, States.’’ unanimous consent that the Senate Oregon, and subsequent management and The PRESIDING OFFICER. Without proceed to the consideration of S. Res. disposal shall be carried out in accordance objection, it is so ordered. 345, submitted earlier today. with procedures and authorities contained in COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. The the Defense Base Closure and Realignment Mr. WHITEHOUSE. Mr. President, I clerk will report the resolution by Act of 1990 (part A of title XXIX of Public ask unanimous consent that the Com- title. Law 101–510; 10 U.S.C. 2687 note).

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The House met at 10 a.m. and was been assured of passage because of in- hired by the government of Puerto called to order by the Speaker pro tem- sider cozy relationships between the Rico to lobby and provide technical as- pore (Mr. LATTA). Army Corps Jacksonville staff and the sistance for the project.’’ f very industry they are supposed to be The result: The Army Corps of Engi- overseeing and regulating. DESIGNATION OF SPEAKER PRO neers appears to have adopted all the ‘‘Further, having sunk millions of power company’s wholesale argument TEMPORE dollars in this project already, the rul- for moving forward. What a surprise. ing party in Puerto Rico’s very credi- The SPEAKER pro tempore laid be- These include ignoring the advice of bility is at stake on this massive con- fore the House the following commu- other Federal agencies that do not struction project going forward. nication from the Speaker: seem to have any cozy connections and ‘‘The Draft Environmental Assess- WASHINGTON, DC, relationships to the moneyed interests ment is so slanted and flawed that it December 7, 2011. behind the pipeline, including warnings I hereby appoint the Honorable ROBERT E. adds more evidence to the growing from the Fish and Wildlife Service—ig- LATTA to act as Speaker pro tempore on this view that there will be no meaningful day. oversight for this project and no mean- nored; the Environmental Protection JOHN A. BOEHNER, ingful input from the residents of Puer- Agency—ignored. Speaker of the House of Representatives. to Rico. Finally, I point out that it is an in- f ‘‘I believe your decision, Colonel sult to the people of Puerto Rico to Pantano, shows a complete disregard MORNING-HOUR DEBATE have released the Army Corps’ report for compelling evidence demonstrating in the manner it was released. The re- The SPEAKER pro tempore. Pursu- little need for the project. It shows dis- port is exclusively in English, whereas ant to the order of the House of Janu- regard for the opinion of other Federal the common language in Puerto Rico is ary 5, 2011, the Chair will now recog- agencies who have looked at the Spanish. English is a language that nize Members from lists submitted by project. The decision disregards evi- hundreds of thousands of Puerto the majority and minority leaders for dence of potential safety hazards to the Ricans whose lives will be directly af- morning-hour debate. people of Puerto Rico. This woefully fected by the pipeline do not speak and The Chair will alternate recognition slanted decision also gives credence to cannot read. How are they supposed to between the parties, with each party the suggestion of impropriety in mat- give advice and consent? limited to 1 hour and each Member ters related to this project and the in- other than the majority and minority ability of the U.S. Army Corps of Engi- It is also personally insulting that leaders and the minority whip limited neers to oversee this project. the 30-day comment period occurred to 5 minutes each, but in no event shall ‘‘I believe this process should begin during the holiday season when the debate continue beyond 11:50 a.m. again in an open and transparent man- residents of Puerto Rico are especially focused on their family, and interest- f ner, that the process that has led to the decision should be fully inves- ingly enough, Congress will be in re- FLAWED DRAFT ENVIRONMENTAL tigated, and further efforts should be cess. ASSESSMENT IN PUERTO RICO supervised by new leadership. I ask for The people of Puerto Rico, including The SPEAKER pro tempore. The a U.S. Army Office of Inspector Gen- those who live humbly in the moun- Chair recognizes the gentleman from eral investigation immediately into tains and those who have derived their Illinois (Mr. GUTIERREZ) for 5 minutes. the relationship between the govern- livelihoods from the land, deserve a Mr. GUTIERREZ. Today I’m sending ment of Puerto Rico, the Army Corps government that protects their inter- a letter to Colonel Alfred A. Pantano, of Engineers Jacksonville office, and est. They deserve to know when their the commander of the U.S. Army Corps the power companies and its contrac- safety and way of life are threatened, of Engineers in Jacksonville, Florida, tors. the government will protect them. This the district that oversees, among other ‘‘Lobbyists who used to work for the case reveals the opposite. It reveals a things, the permitting process for the Army Corps of Engineers should not be government agency that ignores the construction of a massive gas pipeline allowed to line their pockets at the ex- warnings of other government agencies that will cross the mountains in Puer- pense of the safety of the people of and a wealth of facts regarding safety to Rico. The 92-mile gas pipeline, which Puerto Rico. Your boss, President concerns and environmental impact. It does not make any sense environ- Obama, stated ‘the cozy relationship reveals a government agency that re- mentally, economically, or ethically, is between the regulators and the indus- sponds more to well-connected lobby- moving forward in part because Colonel try they regulate must come to an ists than advocates for the people of Pantano’s office issued a Draft Envi- end.’ Puerto Rico. It reveals a government ronmental Assessment that clearly fa- ‘‘I strongly support the President and agency that is doing nothing—not vors the eventual issuance of the per- agree with him completely. However, doing the job that it was mandated to mit. my misgivings about the pipeline do. I would like to read an excerpt from project multiplied substantially when my letter: the project was abruptly removed from Mr. Speaker, I would like to include ‘‘I was intensely angered, but sadly Army Corps’ office in Puerto Rico and in the RECORD this petition, on behalf not entirely surprised, when I read the transferred to the Jacksonville office of many individuals and environmental report issued by your office regarding in Florida. groups from the Legal Assistance Clin- the gasoducto in Puerto Rico. From ‘‘There is clearly a cozy relationship ic at the Law School at the University the start, people in Puerto Rico have between current Jacksonville staff that of Puerto Rico, to have the environ- been telling me that they suspect all you supervise and former Jacksonville mental assessment translated into the regulatory oversight is nothing staff who now supervise and work for Spanish. more than show and this process has the private company consulted by and ESCUELA DE DERECHO,

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

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UNIVERSADAD DE PUERTO RICO, Likewise, the individual clients of the en- into account. If the key documents to be San Juan, PR, December 6, 2011. vironmental law clinics of Vermont Law evaluated remain available only in a foreign Re Petition to Translate into Spanish the School, University of Puerto Rico School of language, however, it will be too difficult for Draft Environmental Assessment, State- Law, and the Inter American University the affected and concerned citizens and ment of Findings, Public Notice, and School of Law; and of the Puerto Rico Legal groups alike to meaningfully and adequately Joint Permit Application for the Via Services, Inc. support this petition as well. comment on the project. In fact, the Draft Verde Natural Gas Pipeline Project, Per- These individuals include Juan Corte´s Lugo; EA and other key documents include so mit Application No. SAJ 2010–02881 (IP– Sofı´a Colo´ n Matos; Luis Guzma´ n Mele´ndez; much technical and difficult to grasp infor- EWG). Ana Oquendo Andu´ jar; Iv´ an Ve´lez Gonza´ lez; mation that even an English-speaking Colonel ALFRED A. PANTANO, Francisca M. Montero Colo´ n; Sol Marı´a De layperson would have difficulty reading, ana- District Commander, U.S. Army Corps of Engi- Los Angeles Rodrı´guez Torres; Iva´ n Carlos lyzing, and commenting in just 30 days. neers, Jacksonville District, San Marco Bou- Belez Montero; Aristides Rodrı´guez Rivera; Fundamental principles of environmental levard, Jacksonville, FL. Ada I. Rodrı´guez Rodrı´guez; Alex Noel Natal justice warrant that the Draft EA for a DEAR COLONEL PANTANO: The United States Santiago; Miriam Negro´ n Pe´rez; Francisco project of such magnitude must be trans- Army Corps of Engineers (USACE) has re- Ruiz Nieves; Silvya Jorda´ n Molero; Ana lated in the Spanish language and that the cently published a Draft Environmental As- Serrano Maldonado; Fe´lix Rivera Gonza´ lez; public comment period be restarted and ex- sessment and Statement of Findings (collec- William Morales Martinez; Trinita Alfonso tended to 60 days once the Spanish version of tively, Draft EA) as part of its environ- Vda. De Folch; Alejandro Saldan˜ a Rivera; the EA is available to the public. The mental review process under the National Dixie Ve´lez Ve´lez; Dylia Santiago Collaso; USACE is bound to these principles by Environmental Policy Act (NEPA) for the Ernesto Forestier Torres; Miriam Morales NEPA, the Council on Environmental Qual- Via Verde Natural Gas Pipeline project pro- Gonza´ lez; Fernando Ve´lez Ve´lez; Emma ity Guidelines (CEQ guidelines), the Execu- posed by applicant Puerto Rico Electric Gonza´ lez Rodrı´guez; Samuel Sa´ nchez tive Order on Federal Actions to Address En- Power Authority (PREPA) under permit ap- Santiago; Raquel Ortiz Gonza´ lez; Maritza Ri- vironmental Justice, the Department of De- plication SAJ–2010–2881 (IP–EWG). This vera Cruz; Virginio Heredia Bonilla; Lilian fense Strategy on Environmental Justice project involves the construction of a 92-mile Serrano Maldonado; Yamil A. Heredia pursuant to the Executive Order, the U.S. natural gas pipeline that would cross the is- Serrano; Jean Paul Heredia Romero; Pablo Constitution, and other legal authorities and land of Puerto Rico, starting at the munici- Montalvo Bello; Ramona Ramos Dias; precedents. pality of Pen˜ uelas in the south coast, to Are- Virgilio Cruz Cruz; Ca´ ndida Cruz Cruz; Security issues also warrant a translation. cibo in north coast and then east to San Amparo Cruz Cruz; Gilberto Padua Rulla´ n; The pipeline is a safety risk to various thou- Juan. According to the Draft EA, the pur- Sabrina Padua Torres; Maribel Torres sands of people who will live, work or com- pose of the pipeline is to supply natural gas Carrio´ n; Herna´ n Padı´n Jime´nez; Rosa mute daily near the pipeline’s ROW. The to three power plants located in the north Serrano Gonza´ lez; Jesu´ s Garcı´a Oyola; Draft EA recognizes this fact when it states coast. The project will have temporary and Sucesio´ n de Ada Torres, compuesta por Car- that ‘‘the addition of the pipeline in the permanent impacts on 235 river and stream men Juarbe Pe´rez, Margarita Forestier community decreases public safety.’’ Like- crossings; 1,500 acres of land; 369 acres of Torres y Ernesto Forestier Torres; Marı´a wise the value of property might be affected wetlands (including various types of impor- Cruz Rivera; Cristo´ bal Orama Barreiro; depending on the proximity to the ROW of tant aquatic resources); the biodiversity-rich Haydee Irizarry Medina; Miguel Bae´z Soto; the pipeline. Basic fundamental principles of and underground water-abundant northern and Gustavo Alfredo Casalduc Torres. justice require that people put in harm’s way karst zone; private and public forested lands; We anticipate that more groups and indi- or whose property, may be affected be able to natural reserves; archaeological sites; areas vidual citizens will join this petition in the read and understand the Draft EA which con- of critical habitat for endangered and/or coming days or weeks. tains the basic findings of the USACE re- threatened species; rural areas; densely pop- The purpose of this letter is to formally re- garding the risks of the proposed action to ulated urban areas; and coastal areas. In all, quest that the USACE prepare a Spanish their lives and property. the project may affect over 40 endangered or version of Draft EA and other key docu- NEPA AND CEQ REGULATIONS threatened species, and will put at perma- ments, particularly the most recent Public The Draft EA for the proposed Via Verde nent risk the lives of over 200,000 residents. Notice and Joint Permit Application. In Pipeline project was prepared by the USACE The majority of the people of Puerto Rico order for the public comment period to pro- pursuant to an environmental review process are against this project, as shown by various vide a meaningful opportunity for public required under NEPA. NEPA’s environ- polls, the 6,000 comment letters your agency input on a project of tremendous local inter- mental review process has two major pur- has received so far, and the public dem- est and concern, it is important that these poses: (1) for agencies to make better in- onstrations against the project involving translations are prepared and distributed to formed decisions; and (2) for other interested tens of thousands of Puerto Rican citizens. the public before the commencement of the agencies and citizens alike to have an oppor- In addition, this project has been the subject public comment period. Once the USACE tunity to participate and provide input in of vivid presentations on the floor of Con- provides an official Spanish version of the the review process. Courts have repeatedly gress, as well as hundreds of news articles, Draft EA and other key documents, the interpreted the statute as requiring agencies including attention from the New York USACE should provide a public comment pe- to grant meaningful and adequate participa- Times, Washington Post, and other national riod of at least 60 days in light of the com- tion to the public by disclosing all non-ex- media. Not surprisingly, your agency has ac- plexity and magnitude of this proposed empted documentation the agency used and knowledged that this project is one of very project. In addition, we respectfully request by allowing the public to submit comments high public interest. that the USACE provide public hearings in in a process that guarantees that the agency We are submitting this letter on behalf of Puerto Rico with translators available. will take into account the public’s com- various environmental groups and individ- There are ample statutory and regulatory ments. uals. The conservation groups include the provisions as well as executive orders and ju- In light of these obligations, USACE has Puerto Rico Chapter of The Sierra Club; Cen- dicial precedents which support our requests, repeatedly promised that it will take into ter for Biological Diversity; Ciudadanos del as discussed further below. Furthermore, account all the comments submitted by the Karso; Asociacio´ n Nacional de Derecho compliance with these requests is necessary people of Puerto Rico. A 30-day period is not Ambiental; Comite´ Bo. Portugue´s Contra el if USACE intends to provide affected com- enough time to give the people of Puerto Gasoducto; Comite´ Utuaden˜ o en Contra del munities and interested individuals through- Rico a meaningful opportunity to read, ana- Gasoducto; Sociedad Ornito´ loga out the island of Puerto Rico with an ade- lyze, evaluate and then comment on this 110- Puertorriquen˜ ia; Vegabajen˜ ios Impulsando quate opportunity to comment on the page long Draft EA for this highly complex Desarrollo Ambiental Sustentable; Iniciativa project, considering that less than 19% of is- and controversial project. Moreover, the para un Desarrollo Sustentable; and Comite´ land residents consider themselves to be bi- USACE has overlooked the fundamental fact Toabajen˜ io en Contra del Gasoducto. These lingual. The residents of these communities that Puerto Rico is a Spanish-speaking na- groups all share a common purpose: to pro- often have valuable information about places tion and the Draft EA, a, highly technical mote the general welfare of the communities and resources that they value and the poten- document, and other key documents are they serve through education and capacity tial environmental, social, and economic ef- written in the English language. If affected building of its residents concerning the ad- fects that the proposed federal actions may and concerned citizens are not able to read verse impacts of human activities on the have on those places and resources. NEPA the key documents under review, their par- ecologic balance of natural systems and the and other federal statutes, regulations, and ticipation will not be meaningful and ade- importance of restoring the environment and executive orders require USACE to provide quate as the statute requires. promoting conditions under which human concerned citizens and organizations with Through NEPA, Congress ordered the beings and the environment can exist in har- access to enough information to allow them Council on Environmental Quality (CEQ) to mony to fulfill economic, social and other to provide meaningful comments, and these issue regulations governing federal agency needs of present and future generations. laws require USACE to take their comments implementation of the NEPA environmental

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review process. These CEQ regulations are statement be organized and written so as to California (Mr. GEORGE MILLER) for 5 binding on all federal agencies. Section 1506.6 be readily understandable by governmental minutes. of the CEQ regulations, regarding public in- decision makers and by interested nonprofes- Mr. GEORGE MILLER of California. sional laypersons likely to be affected by ac- volvement, states that agencies shall: Mr. Speaker, Members of the House, (a) Make diligent efforts to involve the public tions taken under the environmental impact in preparing and implementing their NEPA statement’’ [. . .] ‘‘Upon review of environ- later today, the House will consider the procedures. mental impact statement, parties may intro- REINS Act, which is legislation de- (b) Provide public notice of NEPA-related duce evidence concerning reading level of af- signed to make sure that in a Repub- hearings, public meetings, and the avail- fected public and expert testimony concerning lican-controlled Congress, no new regu- ability of environmental documents so as to indicia of inherent readability. National Envi- lations would be put into effect, wheth- inform those persons and agencies who may be ronmental Policy Act of 1969, § 102, 42 er they deal with clean drinking water, interested or affected. U.S.C.A. § 4332; b5 U.S.C.A. § 706(2)(A, D)’’ [emphasis added]. See also National Resources clean air, child safety, the safety of 1. . . . children when they play with their 2. . . . Defense Council, Inc. v. United States Nuclear 3. In the case of an action with effects pri- Regulatory Comm’n, 685 F.2d 459, 487 n. 149 toys, the drugs that so many citizens marily of local concern the notice may in- (D.C.Cir.1982); Baltimore Gas & Elec. Co. v. need to take to maintain their health, clude: NRDC, 462 U.S. 87 (1983); and Warm Springs or occupational safety at the work- (i) . . . Dam Task Force v. Gribble, 78 F.Supp. 240, 252 place. All of that would be destroyed (N.D.Ca1.1974), aff’, 621 F.2d 1017 (9th (ii) . . . Cir.1980). These requirements for EISs apply under the REINS Act. (iii) Following the affected State’s public equally to EAs, as indicated in the CEQ regu- You might ask yourself what would notice procedures for comparable actions. lations’ use of the term ‘‘environmental doc- society look like? Well, we had a pre- (iv) . . . uments’’ rather than EISs alone. view of what that society looks like (c) . . . In the case of Puerto Rico, a Draft EA that (d) Solicit appropriate information from yesterday when the Mine Safety and is highly technical and written in the Health Administration released its re- the public. English language is ‘‘undecipherable’’ and (e) . . . not ‘‘readily understandable’’ in order be port on the Upper Big Branch mine. (f) Make environmental impact state- properly assessed and commented by lay per- What that society looked like to these ments, the comments received, and any un- sons whom in their wide majority are not miners and to their families was 29 derlying documents available to the public fluent in the English language. dead coal miners, because the Massey . . . [emphasis added] f Corporation was basically allowed by When a Federal provision requires ‘‘dili- its board of directors to evade the basic gent efforts to involve the public’’, to ‘‘in- ATTORNEY GENERAL ERIC regulations that were in place to pro- form those persons [. . .] who may be inter- HOLDER MUST RESIGN ested or affected’’, and to ‘‘solicit appro- tect the miners. priate information from the public’’ in a The SPEAKER pro tempore. The Although the miners don’t have whis- Spanish-speaking nation like Puerto Rico, Chair recognizes the gentleman from tleblower protections, we saw that regarding a project so controversial and of Louisiana (Mr. BOUSTANY) for 5 min- Massey was able to intimidate the such a scope and magnitude as Va Verde, the utes. workers every day not to report safety only way to comply with the provision is by Mr. BOUSTANY. Mr. Speaker, U.S. violations, not to write up safety viola- providing the information’ in the common Attorney General Eric Holder must re- tions, not to report things that needed language spoken. Likewise, in the case of an sign immediately. After months of to be repaired, because the chairman of action with effects primarily of local con- evading tough questions and giving un- the board told them the priority was cern, as in the case of Va Verde, section clear answers about Operation Fast the production of coal, not the safety 1506.6 (b)(3)(iii) orders the agency to follow and Furious, it now appears the Justice of the workers. ‘‘the affected State’s public notice proce- Department’s top official has contra- dures for comparable actions’’ which for b 1010 Puerto Rico would be a draft EA in the Span- dicted his own testimony given before ish language. Congress. Produce the coal or get out is what CEQ regulations offer additional reinforce- Under Operation Fast and Furious, he told them. So they were not able to ment in order to guarantee an adequate pub- the Bureau of Tobacco, Alcohol, and participate in their own safety when lic participation. For instance, section 1502.8 Firearms allowed ‘‘straw’’ purchasers they saw a violation or they saw a of the CEQ guidelines state that to buy at least 1,400 weapons, despite problem that caused danger in the ‘‘[e]nvironmental impact statements shall be the fact it knew that these weapons mine. written in plain language and may use appro- would likely end up in the hands of vio- They also were able to circumvent priate graphics so that decisionmakers and lent Mexican drug cartels. The ATF the right of the mine safety inspections the public can readily understand them’’ lost track of the guns after they were [emphasis added]. Courts have interpreted in the mines because they gave ad- sold to criminals. Since then, many this ‘‘plain language’’ provision as to require vance warnings. They were told if a have been used in hundreds of crimes Federal agencies to provide the public with Federal mine inspector comes onto the on both sides of the border, including comprehensive information regarding envi- property, you must give advance warn- the murders of a Border Patrol agent ronmental consequences of a proposed action ing to the people in the mine so they and to do so in a readily understandable in Arizona and an immigration officer can divert the mine inspector away manner. See Klamath-Siskiyou Wildlands Cen- at the U.S. embassy in Mexico City. ter v. Bureau of Land Management, 387 F.3d Why did the Attorney General allow from the problems in the mine, take up 989 (2004), ‘‘While the conclusions of agency for the transfer of guns across the bor- their time while we can fix them, or expert are entitled to deference, National der without working in conjunction he’ll run out of time to inspect the Environmental Policy Act (NEPA) docu- with Mexican authorities when he mine. There’s regulations against that. ments are inadequate if they contain only There’s laws against. They avoided narratives of expert opinions, and the docu- knew the ATF was unable to trace them? That’s a very important ques- those. ments are unacceptable if they are indecipher- Then they kept two sets of books so able to the public’’; Earth Island Institute v. tion that must be answered. This U.S. Forest Service, C.A.9 (Cal.), 442 F.3d 1147 botched program should never have that the mine regulators couldn’t see (2006), certiorari denied 127 S.Ct. 1829, 549 U.S. been authorized in the first place. At- the real level of violations in the 1278, 167 L.Ed.2d 318 (emphasis added), ‘‘A torney General Holder should resign mines. That’s what it looks like when final environmental impact statement over his failure and his evasive and you don’t have regulations. That’s (FEIS) must be organized and written so as to contradictory testimony to the United what it looks like when you don’t have be readily understandable by governmental de- States Congress. enforcement. cisionmakers and by interested non-profes- And it’s the conclusion of the mine f sional laypersons likely to be affected by actions safety report that mirrors one that was taken under the FEIS’’ [emphasis added]; Or- THE REINS ACT AND MINE done by the State government. The egon Environmental Council v. Kunzman 817 SAFETY F.2d 484 (1987), ‘‘Readability requirement of conclusion is that the tragic death of Council on Environmental Quality regula- The SPEAKER pro tempore. The 29 miners and serious injuries of two tion mandates that environmental impact Chair recognizes the gentleman from others in the Upper Big Branch mine

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19097 were entirely preventable—entirely PEARL HARBOR for the cause of America. The Nation preventable—had regulations been en- The SPEAKER pro tempore. The woke from a somber sleep of neutrality forced in that mine, had this company Chair recognizes the gentleman from and, with our allies, defeated the ty- not been allowed to go rogue and ig- Texas (Mr. POE) for 5 minutes. rants that would rule over the world. nore the regulations that are there to Mr. POE of Texas. Mr. Speaker, the That was a time when Americans put protect the miners’ lives. sun was lazily rising on the horizon. It aside all differences and united to de- We must now understand what that was around breakfast time on a stun- fend freedom in our Nation. When the means to the American public, what it ning Sunday morning. It was quiet, war was won, over 400,000 Americans means to these families. peaceful, calm. People felt secure. had given their lives for this nation. What could have been contained, There was a small tropical breeze as Mr. Speaker, I’m always intrigued by what could have been contained as a the American flag was being raised on the stories of those war heroes and the mine or a coal dust explosion or a lo- a nearby flagpole. folks of that generation. There isn’t calized methane gas explosion became It was this day that Luke Trahin, a one of them that cannot recall the an explosion that traveled 2,000 feet per 22-year-old sailor from southeast exact moment and place they were second—2,000 feet per second. There is Texas, noticed large formations of air- when they heard the news of Pearl Har- no miner that could get out of the way craft darkening the glistening sky. He bor. Both of my parents, barely teen- of that act. kept watching in awe until suddenly agers at the time, still talk about what And what happens at the end of that the aircraft broke formation, dove they were doing when they heard on world without regulation, where you from the sky, and unleashed a fury of the radio that broadcast that Sunday don’t have to put up with paying fines, deadly, devastating bombs and tor- morning about the invasion. where you can clog the courts with ap- pedoes on a place called Pearl Harbor Until September 2001, this was the peals? When the Massey Company was in the Pacific. It was this day, 70 years deadliest attack on American soil. sold, the board of directors that al- ago this morning, when Luke Trahin ‘‘December 7, 1941, a date that will live lowed this to happen, the executive of- and his fellow sailors, soldiers, and ma- in infamy.’’ Those were the words of ficers that directed this to happen, the rines saw war unleashed upon America. President Franklin Roosevelt that be- officers walked away with $90 million It was December 7, 1941. came forever embedded in the minds of in bonuses; the board of directors The Japanese had caught America by patriots across our land igniting and walked away with $19 million in bo- surprise and took advantage of an un- launching a nation into the fiery nuses. And Don Blankenship, the CEO prepared nation. And after the smoke trenches of battle throughout the of the company that wrote the memo cleared on that morning of madness, 98 world. that said it’s production of coal or get Navy planes and 64 Army aircraft were Those of that Greatest Generation out, it’s not safety, walked away with destroyed. Luke’s unit, Patrol Wing proved that when freedom of this Na- $86 million. One, lost all but three of its 36 aircraft. tion is threatened, our people will And now get this: Don Blankenship, 2,471 Americans, servicemen, and civil- stand and fight. They will bring the the CEO, now wants to go back into the ians, were killed by this unwarranted thunder of God upon our enemies. De- coal business after killing 29 miners. invasion of terror from the skies. fending freedom and liberty was the And whether it’s the State of Virginia The pride of the United States Navy, battle cry of the sailors, marines, and or the State of West Virginia or Ken- the battleships—West Virginia, Cali- soldiers that died 70 years ago at Pearl tucky or anywhere else, the suggestion fornia, Oklahoma, Tennessee, Utah, Harbor. is that they might be able to give him Maryland, Nevada, and Arizona—were We remember December 7, 1941, and a permit to open up a mine. Twenty- trapped in the harbor. They made easy the Americans who stood tall and kept nine miners are dead, violations of law, targets for the Japanese pilots. The the flame of America burning brightly. a criminal corporate culture, and sailors onboard these battle wagons They were a remarkable bunch of peo- somebody else says that they might be fought with the courage of an entire le- ple. They were the Americans. able to go back into the mines. gion of warriors when they were at- My friend, Petty Officer Luke You will not reignite the American tacked by a skillful, fanatical, and ty- Trahin, stayed in the United States Dream for workers in this country if rannical enemy. All of these fierce U.S. Navy for 38 years, either on active or you take away their rights at work. Navy battleships were sunk or dam- reserve status. He wore his uniform You will not reignite the American aged. Their guns, Mr. Speaker, are now every Memorial Day, every Veterans Dream for the middle class if they have silent. Day, and spent a lot of time speaking no rights at work, if they’re subjected The hull of the USS Arizona became proudly about this country. He died 4 to this. For these families who lost the the sacred graveyard in the peaceful years ago on December 5, 2007. He was 29 members of their families, they’re Pacific for more than 1,177 American 89 years of age. crushed. They’re crushed. But you sailors and marines. I have seen, Mr. And that’s just the way it is. can’t do that by eliminating the regu- Speaker, the oil that still seeps to the f lations. It’s the regulations in place surface from the hull of the battleship that have saved miners’ lives; but it’s Arizona. UNEMPLOYMENT INSURANCE the avoidance of the regulations, the Luke Trahin and his Navy buddies in EXTENSION ignoring of the regulations, and it’s the Patrol Wing One quickly got organized, The SPEAKER pro tempore. The failure of this Congress to introduce prepared, and waited for 2 days for the Chair recognizes the gentlewoman from tough sanctions. expected land invasion by the Japa- Ohio (Ms. FUDGE) for 5 minutes. When you obstruct a Federal safety nese. It never came. But America was Ms. FUDGE. Mr. Speaker, I rise to investigation, it should be a felony. at war. It was World War II, and the address the urgent need to extend un- Somebody should go to jail. When you war was long. It spread from the Pa- employment insurance for struggling obstruct the right of a worker to blow cific to Europe to Africa to the Middle Americans. Forty-five percent of all the whistle on an unsafe procedure, East to Asia. The Japanese, then the unemployed workers—more than 6 mil- there’s got to be a strict fine for that. Nazis, seemed undefeatable. But even lion people—have been out of work for That’s how we reignite the American the Japanese were concerned about the more than 6 months. Dream. spirit of America. The Japanese com- Karen, from Cleveland, was laid off in We’ve got a lot of work to do in this mander of the Pearl Harbor invasion March. She was laid off from a law firm Congress, but you can’t do it by stop- remarked that what Japan had done due to budget constraints. She is 62 ping all regulations that protect our was wake a sleeping giant. years old and unable to find a job in families, that protect our commu- World War II was hard. Millions this economy. Unemployment insur- nities, that protect the workers in served in uniform overseas; millions ance is helping her to get by with just America today. served on the home front; all sacrificed the basic necessities. It is allowing her

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19098 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 to pay for expensive but necessary pre- the unemployed are demonized by the four marines from the Third District of scriptions. She is actively looking for right and discriminated against for North Carolina. Three have lost both work, but she is afraid that if her un- being out of work. We’re too old or legs, and the one that had lost only one employment benefits are cut, she will overqualified or underqualified, or leg, a corporal, mom sitting in the lose her house. Karen’s State unem- we’re the wrong color. What has hap- room, said to me, Sir, may I ask you a ployment benefits can run out at the pened to my country?’’ she asks. question? I said certainly you may. end of December. These are the stories of everyday Why are we still in Afghanistan? And I looked at him and I said, I don’t know b 1020 Americans who are struggling to get by. This is not about Democrats and why we’re still there. If Congress fails to act to renew the Republicans. This is about coming to- Mr. Speaker, it makes no sense. The Federal unemployment insurance pro- gether to help millions of unemployed American people and the people of the gram, she’ll become just another sta- Americans get through the worst eco- Third District of North Carolina are tistic, one of the millions of Americans nomic recession since the Great De- saying, we have won; bin Laden is dead; who identify themselves with the 99 pression. It’s about helping our econ- al Qaeda has been dispersed all over the percent. Karen, along with 6 million omy grow and about creating jobs. world. Americans, will be cut off from emer- Americans are frustrated with the Mr. Speaker, it is time, as we debate gency lifeline saving resources unless decline of the middle class and the lack these very difficult, complex issues for Congress acts. of good-paying jobs. But these honor- our Nation, that we get smart with our Sandra, of Cleveland Heights, lost able citizens haven’t given up, and nei- foreign policy. And smart means, let’s her job in April 2011. It’s her third lay- ther can we. We must act now. We don’t try to police the world. off. She is 59 years old. She never must extend unemployment insurance. History has proven you will never thought she would find herself in this change Afghanistan. It will never f position at this age. change, no matter what we do or any Rather than defaulting on her mort- WHY ARE WE STILL IN other country tries to do. gage, she has used up all of her retire- AFGHANISTAN? So, Mr. Speaker, beside me is a post- ment savings. Now she is deeper into The SPEAKER pro tempore. The er with a flag-draped coffin coming off debt. When her unemployment funds Chair recognizes the gentleman from the plane at Dover. And with humility I tell you today, Mr. Speaker, I’ve run out, it’s likely she will default. North Carolina (Mr. JONES) for 5 min- And being an older worker, it makes it utes. signed over 10,400 letters to families even harder. Mr. JONES. Mr. Speaker, when we and extended families who’ve lost loved We see this scenario all too often were home during the Thanksgiving ones in Afghanistan and Iraq. I thank God that He has allowed me across this Nation, hardworking Amer- break, like all my colleagues, I did as to have a heart large enough to feel the icans getting laid off, using up their much as I could to be with the people pain of war, because I’ve never been to savings, and then losing their homes. of the Third District of North Carolina. war. But when I sign those letters, I We’ve seen foreclosure rates soar, and The Third District is the home of Camp feel the pain of the families, and I lick Americans are falling behind on their Lejeune Marine Base, Cherry Point Ma- every envelope that I send. mortgage payments at a very rapid rine Air Station, and Seymour Johnson Mr. Speaker, with that, I want to rate. In my district, more than 13 per- Air Force Base, and over 60,000 retired close my comments by asking God to cent of homeowners are 90 or more veterans in the Third District. please bless our men and women in uni- days behind on their mortgage. Since coming back to Washington, form, God to please bless the families In 2010, unemployment benefits kept I’ve done two town meetings by phone. who’ve lost loved ones fighting in Af- 3 million Americans, including nearly 1 What I heard while I was home during ghanistan and Iraq. God, please bless million children, from falling into pov- Thanksgiving and the two town meet- the House and Senate that we will do erty. Extending unemployment insur- ings: Why are we still in Afghanistan? what’s right for the American people. ance can prevent the loss of over 500,000 When I hear my colleagues in both Bless Mr. Obama that he will do what jobs, according to the Economic Policy parties talking about the problems fac- Institute—500,000 jobs. is right for the American people. ing the American people—unemploy- And three times I will say, God, You know why? Because UI payments ment benefits, extending the tax cuts please, God, please, God, please con- go directly into the economy. They for middle class America—we all grap- tinue to bless America. support local businesses. They help cre- ple with, both parties, how we are ate jobs and reduce the demand for going to pay for it. f public services. If we don’t extend un- Well, there is a man in Afghanistan UNEMPLOYMENT INSURANCE employment insurance, it would be the that is a crook and corrupt, who gets EXTENSION equivalent of pulling nearly $90 billion $10 billion a month that he doesn’t The SPEAKER pro tempore. The out of the economy in 2012. have to worry about. Poor Americans Chair recognizes the gentleman from There’s one more story I’d like to tell are out here doing the best they can in Minnesota (Mr. ELLISON) for 5 minutes. you. It’s from Molly in Toledo. I tell a very difficult economy, and we can’t Mr. ELLISON. Mr. Speaker, before I Molly’s story because it embodies the help them, but we can help a corrupt begin my remarks, I want to publicly frustration felt by thousands upon leader in Afghanistan. It makes no associate myself with everything WAL- thousands of American across this sense. I hope that this Congress will TER JONES just said. He is absolutely country. come together and say to the Presi- right. Molly has battled unemployment dent, let’s not wait till 2014. Mr. Speaker, this holiday season since October 2008. She wonders how How many more American boys and Congress has chances, a couple of the rich and powerful expect people girls will have to die and give their legs chances right in front of them to do like her to survive without good-pay- in the next 3 years for a corrupt leader? what’s right for the American people ing jobs. ‘‘Are we just supposed to die,’’ I’ve asked the Department of Defense, and to side with the overwhelming per- she asks? ‘‘Commit suicide? Starve to and I wrote Secretary Panetta and centage of Americans suffering out death while we are homeless and on the asked him that question. Give me your there in this economy. streets?’’ projections of how many more young For an entire year, the majority in Molly says: ‘‘The deck really seems men and women will have to die and the House has not offered a single bill to be stacked against ordinary Ameri- lose their legs. I hope that I get that to create a single job. In fact, the only cans. No one with any real power seems response soon. thing that the Congress has been doing to care, except Warren Buffett.’’ That brings me to the point of a is creating an environment where pub- ‘‘I’m trying to find a good job,’’ she young marine I saw at Walter Reed/Be- lic sector jobs are cut, and where pri- says, ‘‘or any job for that matter. We, thesda about 3 weeks ago. There were vate sector jobs, though they have been

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19099 growing, are offset by those public sec- ghanistan. You hear it every day. You well and drowned. But yet he still be- tor cuts, leaving us with an unemploy- heard it just a little bit ago about why lieves that his village needs protecting. ment rate which we’re happy to have are we in Afghanistan? What are we And he could be sitting at home at 8.6 percent, but within the historical fighting for? Isn’t it time to go home? mourning the loss of his daughter, and context is still a national disgrace and I’ve got to tell you the easy thing to I’m sure he mourned the loss, but he an outrage to have unemployment at do is to stand up and say let’s just de- was standing out defending his village 8.6 percent for so very long. But we’re clare victory and let’s leave, and then because he wants what Americans happy to have it because it has been as whatever happens after we’re gone, want, what anybody around the world high as 10. that’s not our fault anymore. It’s not wants. They want security. They want And now we’re threatening to leave our problem. That’s the easy thing to to be able to raise their family. BiBi more than 2 million Americans, includ- do. just wants to live her life without ing 13,000 in my home State of Min- You know, the America I grew up in being beaten and sold into slavery. nesota, out in the cold during the holi- and continue to grow in and live in is Today, because of the American pres- day season by taking away their unem- not the country that always picks the ence in Afghanistan and that of our co- ployment insurance. easy thing. The thing about the Amer- alition partners, you see the picture at Right now, 14 million people are un- ican DNA is, I believe we do typically the bottom of this, the best part of this employed, and companies really aren’t the right thing. picture, and that is girls in school hiring. For most of these people, unem- Now, let me tell you, I’m still a pilot learning to read and write, learning ployment insurance is the only thing in the military. I still fly for the Air that there is a world out there, learn- that’s keeping them in their homes and National Guard, and I’ve had the privi- ing that despite where they were raised not out on the street. lege and honor of serving overseas with and born, they, too, can have some of According to the Census Bureau, un- my fellow men and women in uniform. the freedoms and some of the privileges employment insurance has pulled 3.2 Although most of my experience was in that folks in the rest of the world and million Americans out of poverty last Iraq, I remember in Iraq a time when especially in the United States have. year. And that’s why Congress needs to Members of this House stood up and So let me say this. It is so easy to make sure that all Americans, Mr. said that the war in Iraq is lost, that stand up and say this is not worth it. Speaker, continue to have this vital there is no way to win, and it’s time to But I’m going to tell you the second lifeline available. just come home. verse of the Star Spangled Banner has Any credible economist will tell you And we see today that now the Amer- a line that says ‘‘Oh conquer we must, that unemployment insurance creates ican troops are coming home from Iraq when our cause it is just.’’ jobs. Every dollar invested in unem- but under a condition of victory. And Ladies and gentlemen, what we’re ployment insurance yields a return of while I have concerns about that time- doing in Afghanistan is not extending $1.52 in economic growth. table for withdrawal, I think anybody an empire. It’s bringing freedom to At least 200,000 jobs would be lost if would agree that that’s better than had millions of people, taking out jihadists Congress fails to pass the extension of we just in 2006 and 2007 folded up and that would kill people simply because unemployment insurance benefits. taken the easy way. you believe differently than them, and Congress must not leave Washington So let me ask my fellow Members of we are standing up for freedom around for the holidays without extending un- Congress and let me ask the American the globe. The greatest disinfectant to employment benefits that create jobs people, what is it we’re fighting for in terrorism is freedom. and put money into the pockets and on Afghanistan? Ladies and gentlemen, the fight in the tables of millions of Americans. I have here a very disturbing but a Afghanistan, though difficult, is worth very appropriate picture of what it is b 1030 it, and I come in today and stand up that we’re fighting for. and say ‘‘God bless you’’ to those that Both Democrat and Republican poli- The young girl you see on the top, have gone over there and put on the ticians, we together have not passed her name is BiBi. BiBi is 17 years old. uniform, and I say ‘‘thank you’’ for that jobs bill. While the Republicans When BiBi was 12 years old, she was your service to your country. The fight are in the majority, and I believe bear sold to somebody basically as a slave is worth it. the weight of the responsibility, it’s a as a result of a member of her family responsibility of every Member of Con- committing a crime and selling her as f gress to call for the extension of unem- reparations for that crime. For 5 years ployment insurance benefits and jobs she was beaten by her husband until TAKING CARE OF THOSE AT HOME at this critical time. one day she decided to run away to The SPEAKER pro tempore. The America can’t wait. We shouldn’t be seek freedom. Chair recognizes the gentleman from leaving hardworking Americans high Well, she was caught. Her husband New York (Mr. RANGEL) for 5 minutes. and dry this holiday season. This holi- caught her, drug her back to his house, Mr. RANGEL. I have been so moved day season, we can spur economic and the Taliban, as a way to enact jus- by the preceding gentleman’s remarks growth, create jobs, and strengthen the tice, forced him, with his brother hold- about the good work that Americans middle class by doing the right thing of ing her down, forced him to cut off her can do, especially when the argument extending unemployment insurance nose and to cut off her ears. She then is which side are we on, terrorism or benefits. proceeded to basically crawl to her un- freedom. On behalf of the good people who play cle’s house, and her uncle ignored her. I don’t know how many cases in the by the rules and lost their jobs because And somebody finally called the hos- world that the United States of Amer- of Wall Street greed, and while this pital, and they said go to an American ica can intercede in, but I do know majority looked the other way, I urge forward-operating base. They’ll take that, as we see these horrible examples all of my colleagues to support the ex- care of you. of what people can do to their own peo- tension of unemployment insurance You hear the stories of the major ple, that we have thousands of Ameri- benefits. who took care of her talking about how cans who have volunteered to support f she showed up and talking about the our flag and the integrity of the United fright that she had in her eyes. States who have been killed. And it AFGHANISTAN I took a trip to Afghanistan recently just seemed to me that when we’re The SPEAKER pro tempore. The and saw a village where I saw a man talking about the protection of a Chair recognizes the gentleman from who was standing on a berm with an human body, whether it’s losing a limb Illinois (Mr. KINZINGER) for 5 minutes. AK–47. And I talked to him through a or your sight or your face, no matter Mr. KINZINGER of Illinois. There translator, and he informed me that what it is—and especially your life— has been a lot of talk lately about Af- not 2 days ago his daughter fell into a that if America is going to take this

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19100 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 position, all Americans should be pre- that we’re losing and of what separates habilitation, family services, and civil pared to make the sacrifices as the us from so many other countries in defense. This was chartered by Con- gentleman before me has. which you can be born into the pits of gress in 1960. I think it’s so unfair and borders on poverty, and yet you can always dream Mr. Speaker, it is an honor to be able corrupt when people talk about where that, in this great country, you can to recognize the Blue Star Mothers of our American men and women should succeed. America, and I rise today to thank be, defending freedom in foreign coun- So many Members of Congress and so these patriotic women for their com- tries, when America hasn’t spoken. many members of the Congressional mitment to serving the needs of Amer- Presidents haven’t declared war. And Hispanic Caucus are the first ones who ica’s military community and for mak- we find ourselves talking about volun- ever went to college—their parents ing a difference in the lives of those teers when it’s abundantly clear that were the first ones in generations who who sacrifice the most. everybody does not assume the same were able to become professionals—and Several years ago, I had the oppor- sacrifices, whether we’re talking about then had the great honor to represent tunity to be at the graduation at the taxes or loss of life. the United States of America in this United States Air Force Academy. My So whether we’re talking about Aus- Congress. son-in-law was graduating, and Sec- tralia, Afghanistan, Iraq, before the I am sorry to have deviated from why retary Gates delivered the commence- people make a decision—and that’s I came to the well. What I can say to ment address. At that time, he noted what we’re for in the House—before other Members is: God bless America. that that freshman class was the first they make a decision, at least say that We have to keep fighting for equality to enter the academy after 9/11, know- everyone has to participate in that de- and justice for all. ing full well that they would be putting cision and not those who, for economic f themselves in harm’s way. reasons, find themselves in commu- We have the finest volunteer military IN HONOR OF THE BLUE STAR nities with the highest, the very high- that the world has ever seen. May God MOTHERS OF AMERICA est unemployment. continue to bless this country with And I laud what happens to all of us The SPEAKER pro tempore. The such men and women who will always who volunteered, because when that Chair recognizes the gentleman from stand for freedom. flag goes up, you salute the flag. The Colorado (Mr. TIPTON) for 5 minutes. f President becomes the Commander in Mr. TIPTON. Yesterday, legislation WALL STREET AND MF GLOBAL Chief, and there is only one thing to that I sponsored, along with Senator do. And that’s win and protect the in- MICHAEL BENNET from Colorado, passed The SPEAKER pro tempore. The tegrity of the United States. the House floor. This bill for the Blue Chair recognizes the gentlewoman from But I submit that we have to have a Star Mothers of America updated their Ohio (Ms. KAPTUR) for 5 minutes. draft that’s a part of—what?—the congressional charter for the modern Ms. KAPTUR. Mr. Speaker, numer- United States, and not a plea for those era. ous stories have come out over the last people, for economic reasons, who will Mr. Speaker, I am privileged today, few weeks, all detailing the corruption have to protect themselves. I don’t particularly on this day as we com- and outright fraud on Wall Street. think I’ve ever said this before, but I memorate the attack on Pearl Harbor First, there was the recent news was thinking that my brother volun- 70 years ago, to be able to rise to honor about former Secretary of the Treasury teered long before Pearl Harbor, which the Blue Star Mothers of America—the Hank Paulson’s inappropriately tipping today we commemorate, and so he was people, the women of America, who off a few key friends from Goldman unable to say, nor I, that he volun- have been providing much needed as- Sachs and other Wall Street tycoons teered because we were being attacked. sistance to our Nation’s active duty about the impending collapse of Fannie servicemen and -women, veterans, and Mae and Freddie Mac so that those b 1040 military families since 1942. friends could hedge and make money Several years later, in 1948, when the Founded during the height of World on that insider knowledge. Then a war was over, I volunteered, and that War II, the Blue Star Mothers are a judge in New York threw out one of the was before the North Koreans invaded nonpartisan veterans’ service organiza- orchestrated settlements between South Korea. I would like to walk tion, composed of mothers of current Citigroup, which was a bank at the away by saying how patriotic we both and former servicemembers. Today, center of the wrongdoing, and the Se- were; but really what motivated me over 5,000 dedicated women perform a curities and Exchange Commission, was the excitement my mother would wide variety of important volunteer which allowed that bank to walk away get in receiving a check from my older services for our troops, providing from cases of fraud without admitting brother. It wasn’t a question of wheth- transportation, supplies, food, and any wrongdoing. er she loved him more; it was that she emotional support. More than 225 local This past weekend, ‘‘60 Minutes’’ needed it. chapters across the United States interviewed a former executive vice I was a teenager—11, 12 years old. carry out the mission of supporting our president at Countrywide Financial, a The one thing I knew, I wanted to troops, our veterans, and the families giant and duplicitous player in the U.S. make my mother as happy as my of our fallen heroes, as well as devel- mortgage business. This woman was in brother did and send her that allot- oping individual projects to assist the charge of fraud investigations at the ment check. Yet, today, I have medals, specific needs of the military in their company before the financial crisis. and I’ve been lorded by the Koreans own communities. Last month alone, According to her, ‘‘Countrywide loan and everyone else; but when I think thousands of care packages were sent officers were forging and manipulating about it, there were economic reasons to our troops overseas, and chaplains borrowers’ income and asset state- that made me a ‘‘hero,’’ and there are and commanders across the military ments to help them get loans they economic reasons that make the heroes received boxes of supplies and gifts to weren’t qualified for and couldn’t af- that we have who defend our country be able to be distributed to the com- ford.’’ She went on to say that all of and our flag so well. rades. the recycle bins, wherever they looked I didn’t expect to talk about that; The Blue Star Mothers were origi- in that company, were full of signa- but in hearing that, 70 years ago, we nally formed to bring their children tures that had been cut off of one docu- were attacked and of the American home, to ensure that they were given ment and put onto another and then lives that were lost and then of coming the benefits that they deserved, and to photocopied or faxed. According to her, back to what has happened in Afghani- provide them with a vast support net- the fraud she witnessed was systemic, stan, I am reminded of how unfair this work upon their arrival. The organiza- taking place in Boston, Chicago, system is for the greatest country in tion has since expanded to include Miami, Detroit, Las Vegas, Phoenix, the world and of the hope and division other forms of assistance, including re- and elsewhere. She was fired before she

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19101 could speak to government regulators If Mr. Corzine authorized the taking eral emissions regulation. This EPA about the extent of fraud she had docu- of those funds, then this body should Cross-State Air Pollution Rule was fi- mented. remind him that no one is above the nalized June 1 and will be enforced What is most troubling is that these law, not even someone who was a January 1. stories are not isolated. The FBI testi- former Goldman Sachs CEO, former But this is only one example. There fied before Congress as early as 2004 Governor and U.S. Senator. Whichever are additional, even more costly rules that they were seeing an epidemic in friends and associates aided his actions and unworkable timelines coming down white collar crime. They stated the in that company should be brought the pike, all of which mean a much FBI did not have anywhere near into full sunlight, as well as other com- longer winter for Americans struggling enough agents to investigate major panies that were likely involved in with high energy costs. white collar crime like the financial those wire transfers. But it doesn’t stop there. Recently, crisis. There are moments when I do The fact that hundreds of millions of the Department of Labor proposed a wonder if the FBI has the will to pros- dollars, if not over a billion dollars, misguided rule which would restrict ecute; but still, today, the FBI has no- can simply be stolen from a major youth involvement in agriculture where near enough special agents or fo- banking institution from the inside re- work. Yes, Mr. Speaker, anything from rensic experts to properly investigate quires full investigation, not just by milking cows and feeding calves to the level of corruption that we know the Congress, but by the FBI. I’m re- hauling and detassling corn would occurred. minded of that book, written by Pro- come under fire under the Depart- Frankly, the Congress has shorted fessor William Black, ‘‘The Best Way ment’s current rule. the FBI—some might say purposely—of To Rob a Bank is To Own One.’’ Well, the resources it needs to do the job. I I wonder how much of that applies in Everyone agrees the safety of these have a bill, which I invite my col- this case. young people and workers everywhere leagues to support, H.R. 1350, the Fi- It’s time that Wall Street, white col- is of the utmost importance; but by al- nancial Crisis Criminal Investigation lar crimes, be prosecuted seriously, lowing such heavy-handed thoughtless Act, authorizing an additional 1,000 that this Congress do its job. Let’s pro- regulation, we’re greatly restricting FBI agents to aggressively investigate vide the FBI the resources it needs to opportunities for rural youth. These the kind of fraud that has destroyed fully investigate and prosecute, and jobs, often seasonal, teach young peo- the economic future of millions of our the committees of this Chamber use ple responsibility and the value of hard people and that has upset the global fi- their full authority to do no less. We work; and they’re able to earn a little nancial system. surely owe this to the American people spending money in the process. Back when we had the S&L crisis in and the cause of justice toward all. I’m also a proud cosponsor of the the 1990s, we had 1,000 agents. Do you f Farm Dust Regulation Prevention Act know how many were working when of 2011, H.R. 1633, which the House is SUPPORT REINS ACT AND GOP this financial crisis started? Forty-five. slated to consider later this week. This REGULATORY REFORM AGENDA The others had all been reassigned to bill would prevent the EPA from regu- terrorism. We’re only up a little over The SPEAKER pro tempore. The lating farm dust, or the type of dust 200 agents now investigating white col- Chair recognizes the gentleman from which naturally occurs in rural areas. lar crime. Think about that, America. Nebraska (Mr. SMITH) for 5 minutes. Farmers and ranchers already are Why do you think these financial Mr. SMITH of Nebraska. Mr. Speak- subject to strict Federal and State reg- wrongdoers aren’t in jail? Frankly, this er, I am pleased to speak today about ulations to control dust. It makes no Congress has not taken its responsi- the Regulations from the Executive in sense for the EPA to impose costlier bility to investigate seriously. Need of Scrutiny, or the REINS, Act. requirements on top of the existing Despite the robust public reporting of This bill, which I have cosponsored, standards. While the EPA has backed misdeeds on Wall Street, it has not restores accountability to the regu- off without legislative action, nothing been until the MF Global case, one of latory process by requiring an up-or- certainly prohibits the agency from the top 10 bankruptcies in this coun- down vote in Congress and the Presi- regulating farm dust in the future. try, that Congress has shown some dent’s signature on any new major rule During a time of economic hardship, mild interest in the magnitude of the before it is enforced on the American keeping the door open for additional inquiry required. In November, we got people. regulatory overreach is not the answer. an inside look into the stunning mis- Over-regulation, Mr. Speaker, is dev- Actually, I’m often reminded of a deeds—and let’s be blunt—outright astating our economy and hindering meeting I had in southeastern Ne- thievery that occurred at MF Global in job growth. Of the current administra- braska with representatives from a the days before it declared bankruptcy. tion’s new regulations, 200 are expected Federal agency, good people they are. The total amount missing from private to cost more than $100 million each. One of them said it had been more than accounts has fluctuated over the Seven of those new regulations, how- 20 years since he’d ridden on a gravel weeks. As much as $1.2 billion could be ever, will cost the economy more than road. missing from private customer ac- $1 billion each. At the current pace, the current regulatory burden for 2011 For me, this meeting certainly em- counts. phasized the disconnect between Wash- Congress is finally having hearings alone will exceed $105 billion. And the Federal Government has cre- ington and rural America. These are on this subject tomorrow, and we’ll see only a few examples of the regulatory how seriously an investigation is pur- ated more than 81.9 million hours’ worth of paperwork this year alone, burden and uncertainty facing Nebras- sued. Let me say that the public has a kans who recognize economic growth right to know on what specific dates costing employers $80 billion just in compliance. It’s no wonder a recent ultimately depends on job creators, not throughout 2011 money from customer regulators. accounts was wire-transferred in order Gallup Poll found small business own- Mr. Speaker, I encourage my col- to meet MF Global’s margin calls. ers citing ‘‘complying with government regulations’’ as ‘‘the most important leagues on both sides of the aisle to b 1050 problem’’ they face. support commonsense regulatory re- This is the key question. Members Nebraskans have not been immune to forms like the REINS Act. should ask, probe, and exact the truth. the reams of red tape being handed This is yet another step towards in- The public has a right to know on what down by Federal regulators. Just yes- creased accountability, improving the specific dates through 2011 was money terday it was reported the city of regulatory process, and providing cer- from private customer accounts at MF Grand Island, Nebraska, population tainty for job creators in my home wire-transferred in order to meet MF’s 51,000, will be saddled with a $3.2 mil- State of Nebraska and in States all global margin calls. lion compliance cost due to a new Fed- across this country.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19102 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 SMART: MORE SECURITY AT A I have to shake my head, Mr. Speak- ever-changing fuel storage mandates FRACTION OF THE COST er, every time I hear someone say we that added new costs. And I heard how The SPEAKER pro tempore. The can’t afford such generous foreign aid. the new EPA regulations on gas gen- Chair recognizes the gentlewoman from Talk about penny wise and pound fool- erators could cost a North Dakota California (Ms. WOOLSEY) for 5 min- ish. Last fiscal year we spent roughly school district a quarter of a million utes. $2.5 billion on development assistance dollars. This cost is not because they Ms. WOOLSEY. Mr. Speaker, the vio- in Afghanistan. Mr. Speaker, we go are using generators more than al- lence rages on in Afghanistan. Earlier through that much war spending in Af- lowed; the cost is because the EPA sim- this week, suicide bombers struck in ghanistan every single week. The bot- ply doesn’t like which hours they’re three different cities, in each case tar- tom line is that smart investments using it. geting Shiite worshipers who are ob- provide more security at a fraction of The REGS Agenda is also the product serving a religious holiday. the cost, pennies on the dollar com- of feedback I’ve received from North The death toll is at least 63, accord- pared to waging war. Dakotans at 10 public town hall hear- ing to a news report; and a Pakistani Allowing extreme poverty and wide- ings I’ve held this year and through the extremist group has claimed responsi- spread unemployment to prevail countless emails, letters, and phone bility for the attacks. One eyewitness throughout Afghanistan imperils our calls. The message was clear: Wash- told The New York Times: ‘‘We saw 30 national security as much as anything ington is not the solution, it’s the or 40 people on the ground missing else. Where there’s hopelessness, that’s problem. arms or legs.’’ Another said the Kabul where insurgents get a foothold. Noth- To get our economy moving again blast was timed to wreak the max- ing breeds terrorism like hardship, dep- and our country back on track, Presi- imum havoc, as the bomber detonated rivation, and despair. dent Obama and congressional leaders at the moment that the crowd was could learn a lot about how we do largest, when one group was going into b 1100 things in North Dakota. The REGS a mosque and another was exiting. Mr. Speaker, because it’s the right Agenda is also the product of legisla- In the 10 years of this war, it’s the thing to do and because it’s the best tion I’ve been working on. Last month, first attack specifically against Shi- way to protect America, let’s bring our I introduced a bill that would rein in ites, adding a sectarian angle and reli- troops home and make the transition the Obama administration’s Federal gious tension that hadn’t previously to SMART Security. And let’s do it takeover of the State regional haze been prevalent in the Afghanistan con- now. management, which threatens to cre- ate more business uncertainty and sti- flict. f Mr. Speaker, how can we call our oc- fle job creation. It will also increase cupation of Afghanistan a success REGS AGENDA the energy costs for American families when, after 10 years of attacks like this The SPEAKER pro tempore. The and small business. And today, I will and making a young woman like BiBi Chair recognizes the gentleman from proudly vote in support of the REINS who was talked about on the other side North Dakota (Mr. BERG) for 5 min- Act, which is a much-needed measure of the aisle earlier this morning, make utes. to rein in this regulatory overreach. her victimization and her terrorization Mr. BERG. Mr. Speaker, as I talk But this agenda is not simply the commonplace. When this is common- with North Dakotans, it’s clear we’re sum of this past year; it’s also a path place, we cannot be having success in all frustrated with Washington. moving forward to rein in the over- Afghanistan. ObamaCare is a disastrous law that reaching, out-of-touch government reg- The truth is our continued military 70 percent of North Dakotans do not ulations that burden small business, presence is aggravating the violence, want. Unemployment remains unac- farms, and ranches each and every day. not containing it, and certainly not ceptably high, making it clear that I will continue to add to this agenda to stopping it. I’m not saying that Af- President Obama’s government stim- fight against the job-killing regula- ghanistan will be magically trans- ulus did not work. Washington bailed tions that threaten small businesses’ formed when the last of our troops out Wall Street while Main Street con- ability to create jobs and grow our leaves; but our best hope for peace, for tinues to suffer. And Washington per- economy. security and stability there is a swift The number one thing we can do to sistently fails to uphold its responsi- end to this war. get our economy back on track, to give bility to balance the budget. But here’s another important thing, small business certainty, to grow and Meanwhile, the Obama administra- Mr. Speaker. If we do this right and create jobs, is to rein in President tion continues to pursue overreaching have an end to the war that is mean- Obama’s overbearing regulations. ingful, it would mean the beginning of regulations that create more redtape They’re burdening job creation, and it an even more robust engagement with and uncertainty for North Dakota’s adds more cost and more redtape. Afghanistan, an engagement based on families, farms, and small businesses. Through the REGS Agenda, I’ll con- the principles of SMART Security, in These burdensome regulations threaten tinue fighting to bring regulatory re- other words, a peaceful partnership job creation, and they are the biggest lief to the American people. challenge facing our economy. We need based on mutual respect, assistance to f strengthening Afghanistan’s demo- to take serious steps today to halt the cratic infrastructure, not with military Obama administration’s regulatory VOTER SUPPRESSION LAWS force, but with civilian support. overreach. The SPEAKER pro tempore. The SMART Security would empower the That’s why I announced my REGS Chair recognizes the gentlewoman from Afghan people investing in their hopes Agenda: Reduce the redtape; Empower California (Ms. LEE) for 5 minutes. and dreams, instead of bringing further the States; Grow the economy, and Ms. LEE of California. Mr. Speaker, violence to their country. Military re- Stop President Obama’s overreach. first let me take a moment to thank deployment out of Afghanistan can’t This agenda is the result of talking the gentlelady from Ohio, Congress- and won’t mean a complete withdrawal with North Dakotans and learning woman MARCIA FUDGE, for her fearless from Afghanistan. about the impact of senseless regula- and tireless leadership in protecting So I hope that every single one of my tions on North Dakota’s farmers, our democracy and the bedrock, of colleagues who has eagerly rubber- ranchers, and small businessmen. course, of our country, and that is the stamped war spending year after year, During my recent regulations tour, I right to vote. She has done an amazing even while complaining about the spoke with energy providers who are job keeping us very focused and point- United States budget deficits, will concerned about the EPA’s regional ed with all of the information we need show the same enthusiasm and the haze requirements that could cost to try to address this in a big way. same support for a humanitarian surge North Dakota over $700 million just to Once again, I am here today to sound in Afghanistan. comply. Farmers told me about the for- the alarm because, make no mistake

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19103 about it, the fundamental right to vote while we’re promoting democracy apply for grants up to $75,000 to operate which is at the heart of our democracy, abroad. this program. The IRS will work with it is under attack. Republican legisla- We must unmask these shameful at- the Small Business Administration to tors and governors are proposing par- tempts to disenfranchise voters. Let’s ensure that the operators of the pro- tisan laws that require voters to show stop this partisan effort that strikes at gram have expertise in both tax assist- government-approved photo IDs before the very core of our country. Let’s win ance and business development assist- voting. this war against voters. We should be ance. Now, I came to this floor years ago about dismantling and reducing bar- This is a program that works. With after the stolen Presidential elections riers so that we can really begin to re- such a modest investment in this as- in Florida and in Ohio to protest the ignite the American Dream for those sistance, 62 percent of businesses were results of those two elections that were who have lost hope. able to get refundable tax credits such filled with voter suppression. It worked So I want to thank my colleagues, es- as EITC and Making Work Pay, refunds for the Republicans before, and so leg- pecially Congresswoman FUDGE, for that they might otherwise have missed islators in 42 States on this map of their calls to protect the right to vote out on. The Entrepreneur Startup shame have doubled down on these on behalf of all the citizens across this Growth Act will help businesses grow strategies to make it harder for certain great Nation. and help low-income households build communities to vote. f the assets that they need in order to These proposals would disenfranchise survive. They will get the economic se- 21 million Americans. That’s over 1 in ENTREPRENEUR STARTUP curity they desire. With this, we will 10 eligible voters in America who do GROWTH ACT be able to help people climb up that not have adequate identification. Now, The SPEAKER pro tempore. The ladder of opportunity and reach for how in the world, for example, would Chair recognizes the gentlewoman from that American Dream. my 100-year-old aunt get her birth cer- California (Ms. CHU) for 5 minutes. f tificate to prove who she is to get a Ms. CHU. America doesn’t have a government ID to vote? She wouldn’t small business problem; it has a start- RAPE AND SEXUAL ASSAULT IN know where to start, nor how to pay up problem. That was the title of a re- THE MILITARY for it. And it’s no coincidence that a cent Washington Post article. It point- The SPEAKER pro tempore. The disproportionate number of these dis- ed to the fact that self-employed start- Chair recognizes the gentlewoman from affected voters come from communities up businesses have been the chosen al- California (Ms. SPEIER) for 5 minutes. of color as well as the poor, the elderly, ternative for millions of Americans, Ms. SPEIER. I rise again today for and students. but we must do more to help them. the 13th time to talk about a stain on Fully one in four otherwise qualified Today, one out of every three new jobs the American people, a stain on the African Americans would be unable to is created by self-employed startup American Government. I’m talking vote under these voter-ID laws. Around businesses. about military assault and rape. I’m one in five Asian Americans, Latinos, talking about the 19,000 soldiers each b 1110 and young adults between the ages of year who are victims of sexual assault 18 to 24 would be blocked. But we can do better. Compared to or rape in the military. Those are fig- In my home State of California, a other wealthy countries, the U.S. ures by the Department of Defense. Yet voter-ID bill was introduced to sup- ranks 23rd in new businesses formed only 13 percent will report because press voter participation. It would cost per thousand working adults. These en- they know that if they do report, they $26 just to get the required documents trepreneurs take risks to make it on will be summarily removed from serv- to qualify for a government-issued ID. their own, but they could do better if ice. In fact, 90 percent of them are in- Now, having been born and raised in we help them be competitive. That is voluntarily honorably discharged from Texas, this certainly looks like a poll why yesterday I introduced the Entre- the military after they report a rape. tax to me, which those of us remember preneur Startup Growth Act. So what are we doing about it? Well, as a way to prevent African Americans One of the most intimidating times I have good news this morning to re- from voting. These voter-ID laws have of the year for new owners is tax sea- port. A few weeks ago, not far from a partisan agenda seeking to disenfran- son, as they learn and navigate the dif- here, a nonprofit organization, Protect chise and deny specific populations of ferent tax standards for businesses. My Our Defenders, was born. It was voters before they have the oppor- bill turns this tough time into an op- launched to give voices to survivors of tunity to elect their representatives in portunity by offering not only afford- sexual assault in our military. More government. These partisan laws are able business tax assistance but busi- than 6,000 Americans have signed sur- shameful, and they’re a disgrace to our ness development services so that these vivor Terry Odum’s petition, whose country. companies can get the advice they need story I’ve told here on the floor. If these Republican lawmakers were in order to grow. Terry’s petition demands Congress truly concerned with fighting voter This bill builds on the Self-Employ- take the reporting of sexual assault fraud, they would take on actual docu- ment Tax Initiative launched by CFED, and rape outside the normal chain of mented problems such as distributing the Corporation for Enterprise Devel- command. I imagine many of my col- fliers with false information meant to opment, a nonprofit economic oppor- leagues have received emails and trick voters, improperly purging vot- tunity organization. According to tweets or Facebook messages from ers, or tampering with election equip- CFED, nearly two-thirds of all self-em- their constituents about this issue. ment and forms. ployed people are operating business This is a movement, and we must ad- Instead, they are pushing laws de- startups. dress it. Our troops protect us, and we signed to change election outcomes by Self-employed startups in their first must protect them. Both Republicans reducing voting, repressing turnout, year of existence create an average of 3 and Democrats should be able to agree and turning the clock back to the days million jobs per year. In fact, without that we need to fix this system. of Jim Crow. This is the exact opposite business startups, there would be no Today, I’m going to tell you the of where our country needs to go. With net job growth in the U.S. economy. story of Petty Officer Amber De Roche. almost 40 percent of eligible voters reg- Nearly all net job creation since 1980 Petty Officer De Roche served in the ularly staying away from voting has occurred in self-employed startups Navy from December 2000, to December booths, we need to be expanding par- less than 5 years old. They are critical 2005. In August of 2001, Petty Officer De ticipation in our democracy, making to our economy. Roche was raped by two shipmates in a the ballot more accessible, not less. We In my bill, community-based organi- hotel while on port of call in Thailand. cannot and we must not allow democ- zations, local governments, and higher One assailant ripped off Petty Officer racy to be undermined, especially education institutions are eligible to De Roche’s clothes and held her down

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19104 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 while the other assailant raped her. Act, the STOP Act, takes this issue WELCOMING REVEREND ROGER The assailants repeatedly took turns and puts it in the hands of others who SCHOOLCRAFT holding her down while the other would can handle it appropriately. The SPEAKER. Without objection, rape her. After they had their way with f the gentleman from Arkansas (Mr. her, one of the rapists threw her in the WOMACK) is recognized for 1 minute. shower in an attempt to wash off the RECESS There was no objection. evidence. They then kicked her out of The SPEAKER pro tempore. Pursu- Mr. WOMACK. Mr. Speaker, today it the room and onto the unfamiliar ant to clause 12(a) of rule I, the Chair is my privilege to introduce Reverend streets of Thailand. declares the House in recess until noon Roger Schoolcraft of Fayetteville, Ar- The following day, Petty Officer De today. kansas. Roche, with the help of a friend, went Accordingly (at 11 o’clock and 17 Reverend Schoolcraft retired from to get a medical exam. Petty Officer minutes a.m.), the House stood in re- the ministry in 2008 after nearly 40 De Roche was bruised and injured to cess until noon. years in the ministry, serving con- such a degree during the assault that gregations in Iowa, Nebraska and, most f the physician had to stop the exam and recently, in northwest Arkansas, where began to cry. b 1200 he led St. John’s Lutheran Church in Petty Officer De Roche decided to re- Fayetteville, Arkansas. port her horrific experience to her AFTER RECESS Reverend Schoolcraft was called to command. What was her reward? She The recess having expired, the House the ministry in 1953 after accepting an became the target of severe harass- was called to order by the Speaker at invitation from a friend to attend a ment, was imprisoned in the medical noon. Sunday school class at St. John’s Lu- ward, and denied food. I know this f theran Church in Rochester, Michigan. sounds unbelievable, but this is going Mr. Speaker, Reverend Schoolcraft’s on in our military. PRAYER service extends well beyond the walls When Petty Officer De Roche was re- Reverend Roger Schoolcraft, Fay- of the church. He served as campus pas- leased from the medical ward, her com- etteville, Arkansas, offered the fol- tor of the Lutheran Student Center at mand refused to let her leave the ship lowing prayer: the University of Arkansas. He was a and forced her to be on call 24 hours a Almighty and most high God, Father, circuit counselor for 11 years and was day without receiving any counseling Son, and Holy Spirit, You led our Fore- assistant dean and dean for two na- to help her cope with having been fathers to weave Your presence in the tional campus missionary institutes. raped. Petty Officer De Roche sought fabric of our Nation. Move us also to Locally, he was president of Coopera- out the ship’s chaplain and told him acknowledge and trust Your presence tive Emergency Outreach, secretary- she was suicidal as a result of the rapes among us daily. And although we may treasurer of the Fayetteville Ministe- and her subsequent mistreatment. face many obstacles and adversities, rial Alliance, and treasurer for the Petty Officer De Roche was finally per- continue to shower us with Your mercy Council of Religious Organizations. mitted to leave her ship and serve out that we may recover. Reverend Schoolcraft is married to the remainder of her duty on another Today, we thank You for healing our Deborah Steen Schoolcraft; and they ship. have two children, Andrea and Aaron. As if the horrifying assault and sub- Nation from the attack on Pearl Har- bor 70 years ago. We are grateful for all On behalf of the United States House sequent mistreatment of Petty Officer of Representatives, I want to thank De Roche is not heartbreaking enough, those who sacrifice their lives to pre- serve our freedom. O Lord, may we not Reverend Schoolcraft for his long- her predators didn’t get the punish- standing devotion to the ministry, the ment they deserved. In fact, something squander it. Bless all wounded war- riors, veterans and their families. Fill churches he has served, and his fellow very different. Instead of court- man. martialing the predators, her command them and us with Your peace and joy f decided to handle the rapes with so- this Christmas season. called nonjudicial punishments. The Give us wisdom, and lead us by Your ANNOUNCEMENT BY THE SPEAKER punishment required the rapists to Spirit that the choices made here PRO TEMPORE would result in our country united, an admit their crimes—so they admitted The SPEAKER pro tempore (Mrs. economy restored, and hearts grateful them. They got 6 months docked pay MILLER of Michigan). The Chair will for Your loving care through Jesus and a reduced rank for only one of the entertain up to 15 further requests for Christ, our Lord. rapists. Both of the rapists were per- 1-minute speeches from each side of the Amen. mitted to remain on active duty. When aisle. command informed Petty Officer De f f Roche of the outcome, they also ad- THE JOURNAL vised her to ‘‘accept the situation’’ and WHAT A GAME refrain from speaking out against the The SPEAKER. The Chair has exam- (Mr. JOHNSON of Ohio asked and lack of punishment or accountability. ined the Journal of the last day’s pro- was given permission to address the Petty Officer De Roche’s story, like ceedings and announces to the House House for 1 minute and to revise and many others, highlights a system that his approval thereof. extend his remarks.) is unimaginable to so many of us and a Pursuant to clause 1, rule I, the Jour- Mr. JOHNSON of Ohio. Madam system that is so clearly broken. In the nal stands approved. Speaker, I would like to congratulate military, a base commander has com- f the gentleman from Illinois, Congress- plete authority and discretion over man RANDY HULTGREN, on winning our how a degrading and violent assault PLEDGE OF ALLEGIANCE friendly wager on the MAC football under his command is handled. The The SPEAKER. Will the gentleman championship game last Friday. The commander can issue virtually any from Illinois (Mr. QUIGLEY) come for- participants in the game, Ohio Univer- punishment for any reason. If they ward and lead the House in the Pledge sity and Northern Illinois University, don’t want a black mark on their of Allegiance. are located in the districts that we are record or their friends were accused or Mr. QUIGLEY led the Pledge of Alle- privileged to represent. if they simply don’t know the correct giance as follows: The game was an instant classic. way of dealing with a case, they can I pledge allegiance to the Flag of the Both teams left everything on the field issue just a simple slap on the wrist. United States of America, and to the Repub- and gave it their all and, in the proc- My bill, H.R. 3435, the Sexual Assault lic for which it stands, one nation under God, ess, made their universities and their Training Oversight and Prevention indivisible, with liberty and justice for all. fans proud.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19105 The OU Bobcats jumped out to an safety. She will not go back to Paki- That’s why I’m proud to support the early lead, but the Huskies of Northern stan because her former husband’s fam- REINS Act. This commonsense bill will Illinois fought back. They showed their ily says they will kill her. require that Congress approve every toughness and won the game on the Violence against women, unfortu- new major regulation proposed by the game’s final play. Another way to say nately, is too common of a plight for executive branch in order to ensure it is that OU won the first half and women throughout the world. My that Congress, not unelected bureau- that Northern Illinois won the second grandmother used to tell me that you crats, retain control and account- half. Both teams were worthy of par- never hurt somebody you claim you ability for the impact of government ticipation in the game, but it’s a shame love. As the leader of the free world, it on the American people. that either team had to come out on is critical that the United States pro- Unless Congress acts decisively, this the losing end. mote this simple truth throughout this unchecked regulatory state will only I am very proud of the OU Bobcats, country and other countries: grow bigger and make things more and I look forward to watching both Every person has the right to a life complicated. Let’s pass the REINS Act, teams compete in their bowl games and free of violence. and let’s give our job creators the cer- represent their schools in the same I want to thank the gentlelady from tainty they need to grow, expand, and fashion they did last Friday night. Illinois (Ms. SCHAKOWSKY) for bringing put Americans back to work. Congratulations to Congressman this to the attention of the Members of f HULTGREN. Congress as we reflect on this fact dur- f ing these 16 days against gender vio- b 1210 SUPPORT THE PAYROLL TAX lence. TAXES And that’s just the way it is. EXTENSION (Mr. BACA asked and was given per- (Mr. POLIS asked and was given per- f mission to address the House for 1 mission to address the House for 1 THE DEFENSE OF MARRIAGE ACT, minute.) minute and to revise and extend his re- AN AFFRONT TO AMERICA’S Mr. BACA. Madam Speaker, this year marks.) VALUES will be a very difficult holiday season Mr. POLIS. A huge tax increase is (Mr. QUIGLEY asked and was given for millions of Americans looking for looming unless this House takes action permission to address the House for 1 jobs. Sadly, these families are not get- immediately. Unless this House takes minute.) ting the help they deserve from the Re- action in the next few weeks, a typical Mr. QUIGLEY. Madam Speaker, in publicans here in Congress. American household earning $50,000, 1996 Congress passed the so-called De- We have now reached 337 days of Re- $60,000 a year will see a tax increase of publican control here in the House, and $1,000 a year on payroll taxes—yes, fense of Marriage Act, or DOMA. It was then, as it still is today, an affront to we still do not have a jobs plan from Madam Speaker, a $1,000 tax increase the Republicans. for middle class families, many of our country’s values—the values we hold true as established in the Declara- Benefits for over 6 million unem- whom have not seen any raises or in- ployed Americans are about to expire. creases for several years due to the re- tion of Independence, those of life, lib- erty, the pursuit of happiness, and of And now, to make matters worse, Re- cession. publicans are creating uncertainty for People who are struggling to support equality and fairness for all. On October 7 of this year, I held a the 160 million middle class families by their families will see a $1,000 tax in- stalling and extending the payroll tax crease if this body does not act in the field forum in Chicago, along with my colleague JAN SCHAKOWSKY, to hear cut. next several weeks. This is a tax in- Why are these Americans forced to crease that most families haven’t budg- from legal experts and gay and lesbian couples about the real-world harm wait? Because Republicans refuse to eted for and haven’t prepared for. They ask those making more than a million haven’t assumed that this Congress is caused by DOMA. The findings were startling. I ask that the clerk enter all dollars to pay their fair share. Million- as dysfunctional as it potentially is if aires are not paying their fair share. we fail to renew this tax increase. We of their testimony into the RECORD to formally document this collection of We must act now on those lifelines of shouldn’t let our dysfunction in this the middle class and allow the Bush body harm the middle class and the unfairness and inequity, burdens that are imposed on normal Americans who tax cuts for the ultrarich to expire. No American people. new taxes, no jobs. No new taxes, no I call upon my colleagues on both are just trying to live normal lives. new jobs. We must pass a responsible sides of the aisle to support renewing It is incomprehensible that today we tax plan that extends the unemploy- the payroll tax extension to make sure are still dealing with such injustice. ment benefits and gets the economy that middle class families are not Congress created this injustice, and moving again. slapped with a $1,000-plus tax increase Congress should correct it. Let the next year. RECORD reflect these sentiments. f f f IMPLICATIONS OF GOVERNMENT’S SIXTEEN DAYS AGAINST GENDER LET’S REIN IN THE REGULATORS ADDING ADDITIONAL RED TAPE VIOLENCE (Mr. HULTGREN asked and was AND ADDITIONAL REGULATIONS (Mr. POE of Texas asked and was given permission to address the House (Mr. DOLD asked and was given per- given permission to address the House for 1 minute.) mission to address the House for 1 for 1 minute.) Mr. HULTGREN. Madam Speaker, minute and to revise and extend his re- Mr. POE of Texas. Madam Speaker, $1.75 trillion annually—America’s job marks.) Sehar, a Pakistani woman in an ar- creators are buried under the regu- Mr. DOLD. Madam Speaker, as a ranged marriage, was constantly raped latory burden of about $1.75 trillion an- small business owner, I understand and abused by her husband. He accused nually. firsthand the implications of the gov- her of becoming a doctor only to at- The cost of the regulatory burden ernment adding additional red tape and tract men. He blamed her for the mis- from new regulations just this year is additional regulations. One clear exam- carriage that she had, and he con- $67.4 billion, which is larger than the ple of this is the Dodd-Frank bill. stantly beat her. He was angry when entire State budget of Illinois, my The Dodd-Frank bill was supposed to she gave birth to two girls rather than home State. Studies and polls have impose clear rules and regulations on to two boys, and he was an abuser of shown us time and again that the regu- the financial industry so that another the girls and his wife. lations are a hidden form of taxation; economic disaster could be averted. Sehar and her daughters were able to and just as our Tax Code is in need of However, this single piece of legisla- escape to the United States to find reform, so is our regulatory system. tion has imposed more uncertainty

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19106 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 into the marketplace. The bill imposes Mr. WILSON of South Carolina. Mr. FITZPATRICK. Madam Speaker, literally hundreds of new rules and reg- Madam Speaker, last Friday the U.S. for decades the fundamentally flawed ulations, most of which haven’t even Bureau of Labor Statistics announced Medicare physician payment system been written yet. As a result, busi- November’s unemployment rate re- has created uncertainty and insta- nesses are not growing and they’re not mained above 8 percent. Over 13 mil- bility, not only in the health care sys- creating jobs, and this is in large part lion American families are now with- tem but in the larger economy. because they don’t understand what to- out jobs. Nearly 25 million people are Every year physicians face the threat morrow will bring. looking for full-time employment. The of reimbursement cuts which, in turn, I did have an opportunity to talk to number of unemployed Americans has hinders their ability to provide the a smaller bank back in my district not consistently remained at such a necessary care that patients need. The that said, We’re not growing, with the high percentage since 1948. Sustainable Growth Rate rate formula exception of adding people into our For the past 34 months, the American has constantly called for negative up- compliance department to cross the T’s people have been depending upon Con- dates to physician payments with the and dot the I’s, but not a single person gress and the President to cut Wash- scheduled reductions accumulating was hired in order to try to get addi- ington’s wasteful spending and enact year after year, but Congress has con- tional liquidity into the marketplace policies targeting job creation and eco- tinually delayed the cuts. and help small businesses. nomic growth. Congress has a historic opportunity Rather than pile on rule after rule, Since the Republicans regained the to implement sound fiscal policy in the we should implement smart regula- majority of the House in January, leg- Medicare program in the context of islation has passed that allows small tions that truly protect consumers. broad economic reforms. I believe we businesses to grow and create jobs. It is The last thing we want is another fi- must pursue a fair, efficient, and af- past time for the President and liberal- nancial disaster, so we should examine fordable long-term solution to the controlled Senate to change course to the implications of the rules and regu- Medicare SGR formula. I am com- lations and ensure that the right regu- put our hardworking American fami- lies back to work. mitted to working with my colleagues lations are in place and get America to pass commonsense legislation that back to work. In conclusion, God bless our troops, and we will never forget September the promotes efficiency, quality, and value f 11th in the global war on terrorism, as and ensures access to medical services THE NEED TO PASS PAYROLL TAX on December the 7th we honor the he- for Medicare beneficiaries. CUT roes of World War II. f (Mr. SIRES asked and was given per- f MEDICARE TOWN HALL/DOUGHNUT mission to address the House for 1 BEYOND THE BORDER HOLE CLOSURE minute.) AGREEMENT (Ms. HOCHUL asked and was given Mr. SIRES. Madam Speaker, the ma- permission to address the House for 1 jority has held 891 votes in this Cham- (Mr. HIGGINS asked and was given minute and to revise and extend her re- ber, and we still see no plan for job cre- permission to address the House for 1 minute.) marks.) ation. Ms. HOCHUL. Madam Speaker, yes- To make matters worse, my col- Mr. HIGGINS. Madam Speaker, today terday I spoke with over 8,000 of my leagues across the aisle have now fo- the United States and Canadian Gov- constituents during a telephone town cused their efforts on opposing a tax ernments will announce a Beyond the hall to talk about the end of the open break for the middle class. They are Border agreement to ease border trade enrollment period for Medicare, which opposing the extension of the Federal and travel in this era of heightened se- curity. occurs at midnight tonight. tax holiday enacted earlier this year I support this goal because in west- We also talked about the savings that gave virtually all working Ameri- ern New York our future depends on in- they are now receiving as a result of cans a much needed tax cut, reducing tegrating our economy with the boom- the closing of the legendary prescrip- taxes for over 160 million American ing economy of southern Ontario by ex- tion drug doughnut hole. More than 2.5 workers. panding the Peace Bridge that con- million Medicare recipients across the Economic uncertainty both here in nects our two communities. The Peace Nation have saved $1.5 billion on their the U.S. and abroad makes this a dan- Bridge is the busiest passenger crossing prescription drugs this year alone. In gerous time to eliminate an important at the northern border. Passengers New York, we had 175,000 Medicare re- tax cut that is saving American fami- using the bridge spend $133 million in cipients, and they received a 50 percent lies an average of $1,000 a year. Failing western New York annually in support discount on prescription drugs, total- to extend the payroll tax holiday will of our retailers, sports franchises, air- ing over $113 million in savings, an av- raise taxes on millions of Americans, ports, educational and cultural institu- erage of $650 per family. taking over $120 billion out of the tions. Yesterday’s call was a reminder, pockets of consumers and out of the In western New York, Peace Bridge when I was talking about Bill from economy. trade impacts $9.1 billion in business Williamsville and Joan from Living- Furthermore, at the same time the sales, supporting 60,000 local jobs and majority is working to raise taxes on ston County, that we have to work generating $2.6 billion in household in- hard to protect this absolutely critical the middle class, they are willing to come and $233 million in local tax rev- cut off the unemployment insurance program that ensures medical care for enue. All of this economic activity de- our seniors and allows them to live that has been keeping millions of pends on a Peace Bridge that is free of Americans afloat. their later years in dignity. congestion, one that is safe, reliable, As my seniors told me: Medicare is Madam Speaker, let’s ensure that and predictable. not an entitlement; it is a program we millions of Americans enjoy this holi- I applaud the efforts of this agree- day season and are not forced to worry ment and call on a renewed Federal spent our entire lives paying into. And about raising taxes or losing essential focus on the northern border, gen- I, for one, plan to protect it. assistance. erally, and the Peace Bridge, specifi- f f cally. b 1220 UNEMPLOYMENT HAS NOT BEEN f CONGRATULATING ED SNIDER THIS PERSISTENT SINCE 1948 MEDICARE PHYSICIAN PAYMENT (Mr. MEEHAN asked and was given (Mr. WILSON of South Carolina SYSTEM permission to address the House for 1 asked and was given permission to ad- (Mr. FITZPATRICK asked and was minute.) dress the House for 1 minute and to re- given permission to address the House Mr. MEEHAN. Madam Speaker, I rise vise and extend his remarks.) for 1 minute.) to congratulate Ed Snider, the owner

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19107 of the Philadelphia Flyers hockey club, Mr. CARNEY. Madam Speaker, I rise ship that Sports Illustrated called the on being inducted into the United today to commemorate two very im- team’s ‘‘finest offensive performance of States Hockey Hall of Fame. This is a portant events in our Nation’s history the year,’’ there can be no more debate: special occasion, not only for the city that occurred on December 7. As we Trinity High School Shamrocks is the of Philadelphia and the Delaware Val- know, today is National Pearl Harbor best high school football team in the ley as a whole, but particularly for Remembrance Day. We pray for the country. those who love the game of hockey, more than 3,500 U.S. soldiers and civil- Friday’s 62–21 victory over Scott myself included. ians who were killed or wounded in de- County in the 6A final completed a 25- Ed’s tremendous success with the fense of our Nation that day. The sac- game win streak, secured a second Flyers franchise—winning two Stanley rifices they made 70 years ago are not straight State title, and capped a sea- Cups and reaching the finals six unlike the sacrifices that our soldiers son in which Trinity didn’t just beat times—contributed to making Phila- and their families are being asked to the competition, they rocked them. delphia a Class A hockey town. How- make today. Over five playoff games, Trinity ever, the key is that he has really December 7 is also an important outscored its foes by more than 240 given back to communities. milestone for the founding of our Na- total points. They never trailed in the Through his organization, the Ed tion. Today is Delaware Day, the 224th second half all season. They crushed Snider Youth Hockey Foundation, he anniversary of Delaware’s ratification top-tier out-of-state competition and teaches high-risk inner city boys and of the United States Constitution, avenged their only 2010 loss. After fac- girls from Philadelphia the game of making Delaware the first State to ing Trinity, Scott County’s coach hockey. But it prepares them with life join the Nation. called the Shamrocks ‘‘the best team skills for success in school and life as Delaware’s Founding Fathers saw the in Kentucky football history.’’ well. Hard work, honest effort, team- vision and genius of the form of gov- This was a true team effort, and work, dedication, and a solid work ernment laid out in our Constitution. thanks to the leadership and dedica- ethic are instilled in these children as It is this vision and this document that tion of 40 seniors, these student ath- life lessons and values as part of par- continues to guide everything we do letes have achieved a perfect record ticipation in this program. It is today. and deserve to bring a national title through these lessons that his organi- So let us take time today to remem- home to Louisville. I ask my col- zation helps our children become good ber the contributions every generation leagues to join me today in congratu- and productive citizens. His philan- has made to protect the values and lating Coach Beatty, the team, and the thropic cause is significant to our re- freedoms upon which this great Nation entire Trinity community on an in- gion and to these young children in our was founded. credible championship and an amazing area. f 2011 season. Way to go Rocks. Congratulations to Ed Snider on this THE SEINFELD CONGRESS f recognition. EXTEND PAYROLL TAX CUT AND f (Mr. DOYLE asked and was given permission to address the House for 1 EMPLOYMENT ASSISTANCE ENDING VIOLENCE AGAINST minute and to revise and extend his re- (Mr. CICILLINE asked and was given WOMEN marks.) permission to address the House for 1 (Ms. SCHAKOWSKY asked and was Mr. DOYLE. Madam Speaker, the minute.) given permission to address the House last time the Republicans controlled Mr. CICILLINE. Madam Speaker, we for 1 minute.) the House back in 2006, a newspaper simply cannot leave Washington before Ms. SCHAKOWSKY. Madam Speaker, columnist called it ‘‘the Seinfeld Con- extending the payroll tax cut and un- I rise today to join thousands of activ- gress,’’ because like Seinfeld, which employment assistance. With our econ- ists participating in the 16 Days Cam- was a show about nothing, the 109th omy still struggling and unemploy- paign by speaking out against violence Congress was a Congress about noth- ment remaining unacceptably high at against women. ing. Absolutely nothing got done. 10.4 percent in my home State of Rhode Violence against women is a viola- Now the House Republicans have Island, now is not the time to take tion of fundamental human rights. It is upped the ante. They have an agenda more money out of the pockets of hard- a global problem of epidemic propor- filled with Seinfeld legislation—a working families. tions. One in three women worldwide is bunch of bills about nothing. Tomor- Allowing the payroll tax cuts to ex- beaten, coerced into sex, or otherwise row, for example, we’re considering the pire at the end of this month will mean abused over the course of her lifetime. so-called farm dust bill. Now, ignore less money in the pockets of 600,000 That is why I am proud to be working for a moment the fact that it’s more hardworking Rhode Islanders. It is ab- with Congressman TED POE to reintro- about mines and smelters and concrete solutely critical that we extend the duce the International Violence plants than it is about farms, House payroll tax cut which is saving work- Against Women Act. The important Republicans want to ban an EPA rule ing families an average of $1,000 per bill would require a comprehensive that the EPA administrator has said year and would add $400 million to strategy to prevent and respond to vio- she has no intention of issuing. Rhode Island’s economy next year. We lence against women and girls inter- Why are we wasting time prohibiting have to do everything we can to nationally. a rule that’s not being issued when strengthen our middle class families Violence against women is not just a we’ve got real problems like a strug- who are struggling to make ends meet humanitarian tragedy; it is a global gling economy and millions of people and provide assistance to those fami- health menace and a threat to national out of work. lies who need it most. security. The United States can play a As Seinfeld might say, yada, yada, If Congress does not extend emer- significant role in protecting the yada. gency unemployment assistance, thou- human rights of all women and ending f sands of Rhode Islanders, as well as the violence against our sisters around millions of Americans who rely on this HONORING TRINITY SHAMROCKS the world. critical safety net, will lose their as- f (Mr. YARMUTH asked and was given sistance. This will have a devastating permission to address the House for 1 impact on these families and on our COMMEMORATING DECEMBER 7 minute.) economy. (Mr. CARNEY asked and was given Mr. YARMUTH. Madam Speaker, Rather than providing subsidies to permission to address the House for 1 with an average margin of victory of Big Oil companies and arguing for minute and to revise and extend his re- more than 40 points, an undefeated sea- more tax cuts for millionaires and bil- marks.) son, and a win in the State champion- lionaires, it’s time for Congress to

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19108 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 stand up for American families and to time we do all that we can to remove ful times in America’s history where extend the payroll tax cut and unem- the barriers Washington is putting in power and intimidation were used to ployment compensation. their way. Let’s come together as a prevent Americans from voting. We f Congress and help get America back to must learn from our past. work again. Fight voter suppression efforts in the EXTEND PAYROLL TAX CUT f courts, in State legislatures, here in (Ms. MCCOLLUM asked and was Washington, and, most importantly, on given permission to address the House b 1230 election day. for 1 minute and to revise and extend OPPOSITION TO THE REINS ACT her remarks.) f Ms. MCCOLLUM. Madam Speaker, (Mrs. CAPPS asked and was given REMEMBERING PEARL HARBOR permission to address the House for 1 the temporary payroll tax cut is put- (Ms. HANABUSA asked and was minute and to revise and extend her re- ting money into the economy and the given permission to address the House pockets of 160 million Americans. And marks.) for 1 minute.) now my Republican colleagues are de- Mrs. CAPPS. Madam Speaker, later Ms. HANABUSA. December 7, 1941, ‘‘a manding harmful cuts to working fami- today the House will vote on the date which will live in infamy,’’ are the lies and seniors to offset these middle REINS Act. This is a terrible piece of words of President Roosevelt. class tax cuts. legislation that will make it next to I represent Pearl Harbor. On this A better idea is to cut from the $1 impossible to protect Americans’ day, let us not forget the brave people trillion in special interest tax ear- health or the environment. It would who gave their lives at Pearl Harbor. marks identified by the bipartisan allow either Chamber of Congress to On this day, let us not forget this act Simpson-Bowles Commission. Let’s cut stop efforts to keep our water and air of unprovoked, dastardly aggression the $2 million earmark for wooden clean or to protect the public from un- which propelled us into a war. On this arrow manufacturers. Let’s cut the $40 safe food—by simply doing nothing. day, let us not forget how the people of million earmark for the owners of This bill sets up a congressional ap- this Nation were unmatched in their NASCAR racetracks. And let’s cut $235 proval requirement that is a recipe for evidence of loyalty and patriotism. million in earmarks for rum producers more gridlock. It would mean more bu- Let us remember because we need to in Puerto Rico and the U.S. Virgin Is- reaucracy and more delay, generating be that people again to continue our lands. The earmarks are unfair and uncertainty for businesses and weaker fight to maintain our position as the unaffordable. rules to protect consumers. greatest Nation in the world. Let us re- To the 99 percent of Americans who Sherwood Boehlert, the former Re- member because we need to show the don’t have a lobbyist, sorry, you publican chairman of the House compassion to those who are in need in missed out on the special interest bo- Science Committee and one of our these days. nanza. Congress needs to protect work- most thoughtful former colleagues, re- ing families. Let’s pass President cently wrote a scathing piece in The f Obama’s middle class payroll tax cut Hill about the REINS Act. He said the MOTION TO INSTRUCT CONFEREES and help our families and our economy bill would result in ‘‘a virtual shut- ON H.R. 2055, MILITARY CON- now. down of the system that will leave the STRUCTION AND VETERANS AF- f public exposed.’’ FAIRS AND RELATED AGENCIES SUPPORT REINS ACT Madam Speaker, the REINS Act is an APPROPRIATIONS ACT, 2012 outrageous effort to throw out a sys- (Mr. YODER asked and was given Mr. ROGERS of Kentucky. Madam tem that has protected American fami- permission to address the House for 1 Speaker, I ask unanimous consent to lies and communities for more than 100 minute.) take from the Speaker’s table the bill years. I urge my colleagues to join me Mr. YODER. Madam Speaker, the (H.R. 2055) making appropriations for in voting down this irresponsible and American economy is crying out for military construction, the Department misguided legislation. certainty. Every day the instability of Veterans Affairs, and related agen- created by new Washington rules, regu- f cies for the fiscal year ending Sep- lations, new taxes, et cetera makes it VOTER SUPPRESSION tember 30, 2012, and for other purposes, harder for the economy to recover and with a Senate amendment thereto, dis- harder for small businesses to create (Mr. PETERS asked and was given agree to the Senate amendment, and jobs. permission to address the House for 1 agree to the conference requested by That’s why today I stand in full sup- minute.) the Senate. port of the Regulations from the Exec- Mr. PETERS. Madam Speaker, I rise The Clerk read the title of the bill. utive in Need of Scrutiny Act, known today to oppose nationwide efforts to The SPEAKER pro tempore. Is there as the REINS Act. suppress voter turnout for the 2012 objection to the request of the gen- As our Federal agencies churn out election, including State legislation tleman from Kentucky? regulations by the truckload, it’s our imposing strict photo ID requirements. There was no objection. small businesses, those very entities These new regulations would dispropor- Mr. DICKS. Madam Speaker, I have a that we expect to create jobs and are tionately burden seniors, people with motion to instruct at the desk. struggling to survive, that are bur- disabilities, the poor, and minorities. The SPEAKER pro tempore. The dened with implementing them. In In Michigan, we have seen aggressive Clerk will report the motion. fact, regulations cost the economy purges of voter rules, which can dis- The Clerk read as follows: $1.75 trillion per year. New regulations enfranchise low-income voters who have moved to a new address. Half a Mr. Dicks moves that the managers on the this year alone will cost business over part of the House at the conference on the $60 billion, all driving up the cost of million Michiganders don’t have a driv- disagreeing votes of the two Houses on the doing business and putting more people er’s license or State ID. How are they Senate amendment to the bill, H.R. 2055, be out of work. supposed to make their voices heard if instructed to recede to the Senate on the I’m supporting the REINS Act be- these rules are passed? higher level of funding for the ‘‘Department cause this legislation will provide Let’s be clear. These efforts are of Veterans Affairs—Medical and Prosthetic Americans with an additional level of about one thing and one thing only: si- Research’’ account. accountability when it comes to job- lencing voters. The SPEAKER pro tempore. Pursu- killing regulations from government America is a beacon of democracy, ant to clause 7 of rule XXII, the gen- agencies. and to limit voter access is hypo- tleman from Washington (Mr. DICKS) Madam Speaker, it’s time we stand critical and wrong. Madam Speaker, I and the gentleman from Kentucky (Mr. up for small business owners, and it’s don’t have to tell you about the shame- ROGERS) each will control 30 minutes.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19109 The Chair recognizes the gentleman installment, we should make a sub- ceedings on this question will be post- from Washington. stantial investment in health care re- poned. GENERAL LEAVE search for our veterans, and I urge a f ‘‘yes’’ vote on the motion to instruct. Mr. DICKS. Madam Speaker, I ask MOTION TO INSTRUCT CONFEREES I reserve the balance of my time. unanimous consent that all Members ON H.R. 1540, NATIONAL DEFENSE Mr. ROGERS of Kentucky. Madam may have 5 legislative days to revise AUTHORIZATION ACT FOR FIS- Speaker, I yield myself such time as I and extend their remarks on the mo- CAL YEAR 2012 tion to instruct. may consume. The SPEAKER pro tempore. Is there This motion to instruct is well-inten- Mr. MCKEON. Madam Speaker, by di- objection to the request of the gen- tioned but unnecessary. The motion rection of the Committee on Armed tleman from Washington? would urge adoption of the Senate- Services, I ask unanimous consent to There was no objection. passed level for VA medical research, take from the Speaker’s table the bill Mr. DICKS. Madam Speaker, I yield which is $50 million above the House- (H.R. 1540) to authorize appropriations myself such time as I may consume. passed level. for fiscal year 2012 for military activi- The motion instructs conferees to We all support our veterans and ties of the Department of Defense, for provide the highest level of funding for honor their service and sacrifice. We, military construction, and for defense medical and prosthetic research. This of course, support the important re- activities of the Department of Energy, program helps the Department of Vet- search work the VA is doing for our to prescribe military personnel erans Affairs develop cutting-edge veterans in fields such as traumatic strengths for such fiscal year, and for treatments for veterans and their fami- brain injury and posttraumatic stress other purposes, with a Senate amend- lies. It is fully integrated throughout disorder. We provided a robust level of ment thereto, disagree to the Senate the medical community through part- funding for this research in the House- amendment, and agree to the con- nerships with academic affiliates, non- passed version of the bill at a time ference requested by the Senate. profits, and commercial entities, as when our overall funding targets were The Clerk read the title of the bill. well as other Federal agencies. It is constrained. In fact, the House bill pro- The SPEAKER pro tempore. Is there unique because both the clinical care vided a total of $531 million for VA objection to the request of the gen- and research occur together. medical research, an increase of $22 tleman from California? The Medical and Prosthetic Research million above what the White House There was no objection. Program plays a vital role in advanc- and the VA requested. In addition, the Mr. SMITH of Washington. Madam ing the health and care of our Nation’s VA still has $71 million in unobligated Speaker, I have a motion to instruct at veterans. Some of the areas that the research funding left over from pre- the desk. Medical and Prosthetic Research Pro- vious years that could be put to use. So The SPEAKER pro tempore. The gram focus on include mental health even without the increase, the program Clerk will report the motion. The Clerk read as follows: research, prosthetics, traumatic brain level would still be well above the 2011 injury, and posttraumatic stress dis- level. Mr. Smith of Washington moves that the order, or PTSD. The program has em- managers on the part of the House at the We all agree that medical research at conference on the disagreeing votes of the phasized efforts to improve the under- the VA is undeniably important and we two Houses on the Senate amendment to the standing and treatment of veterans in want to do the best that we can for our bill H.R. 1540 be instructed to insist on the need of mental health care. veterans, particularly those in need of amendments contained in subtitle I of title We hear a lot about the casualties of medical assistance. On that, there’s no V of the House bill (sections 581 through 587 war and soldiers who have sacrificed difference between the ranking minor- relating to improved sexual assault preven- their lives in duty. However, over the ity member and myself and between tion and response in the Armed Forces). past few years, the VA has begun to ex- the members of the subcommittee. The SPEAKER pro tempore. Pursu- amine the psychological wounds of ant to clause 7 of rule XXII, the gen- b 1240 posttraumatic stress disorder. The mo- tleman from Washington (Mr. SMITH) tion will provide funding for the VA to I can reassure the Members that we and the gentleman from California (Mr. care for veterans returning home from will work with our House and Senate MCKEON) each will control 30 minutes. Iraq and Afghanistan who may suffer colleagues to determine the appro- The Chair recognizes the gentleman from depression, anxiety, and sub- priate level for VA research to con- from Washington. stance abuse. tinue to support and honor the service Mr. SMITH of Washington. Madam Funding for medical and prosthetic of our veterans. Speaker, I yield myself such time as I research in the House-reported bill was While this motion is not necessary, I may consume. inadequate, and during floor consider- understand and agree with its intent; This is a very important provision of ation the House majority agreed to in- and I will work with the ranking mem- the House bill dealing with better com- crease funding by $22 million. While I ber. And with reservations, I will ac- bating sexual assault within the mili- was pleased to see this increase, I be- cept the motion at this time. tary. Now, this is a significant problem lieve we need to do more. Madam Speaker, I yield back the bal- that has been documented by many The Senate-passed bill funds this pro- ance of my time. studies and many media reports. I want gram at the FY2011 enacted level, Mr. DICKS. I would ask for a vote on to particularly congratulate members which is $51 million higher than the my motion to instruct, and I yield of my committee, Ms. LORETTA SAN- House-passed level. I believe the higher back the balance of my time. CHEZ, Ms. TSONGAS, Ms. SPEIER, and funding levels should be maintained be- The SPEAKER pro tempore. Without Mrs. SUSAN DAVIS, who have taken a cause of the impact this research can objection, the previous question is or- leadership role in this to try to imple- have on the everyday life of our Na- dered on the motion to instruct. ment policies to control sexual assault tion’s veterans. There was no objection. within the military. The provisions This Nation must get its fiscal house The SPEAKER pro tempore. The that we’ve put together in the House in order. However, even in an austere question is on the motion to instruct. help move us forward towards address- budget, we need to make room to fully The question was taken; and the ing that issue, make sure that it takes fund our priorities. The Medical and Speaker pro tempore announced that on the importance that it deserves, and Prosthetic Research Program is a high the ayes appeared to have it. empower the military to make the de- priority. Mr. DICKS. Madam Speaker, on that cisions they need to better protect I’m sure that all of my colleagues I demand the yeas and nays. against sexual assault within the mili- would agree we can never repay Amer- The yeas and nays were ordered. tary. ica’s veterans for the sacrifice they The SPEAKER pro tempore. Pursu- I particularly applaud Ms. TSONGAS. have made for our country. As a first ant to clause 8 of rule XX, further pro- This is her motion to stick to the

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19110 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 House provisions in this area. I urge incidents of sexual assault in the mili- they remain actually confidential. the conference committee to do that tary. These provisions will encourage more going forward. Mr. MCKEON. I continue to reserve victims to come forward and get the With that, I reserve the balance of the balance of my time. help they need to heal, and will encour- my time. Mr. SMITH of Washington. Madam age more victims to participate in the Mr. MCKEON. I reserve the balance of Speaker, I yield the balance of my time legal process of prosecuting perpetra- my time. to the gentlewoman from Massachu- tors of sexual assault, both of which Mr. SMITH of Washington. Madam setts (Ms. TSONGAS). are critical to maintaining readiness Speaker, I yield 2 minutes to the gen- The SPEAKER pro tempore. Without and unit cohesion in the military. tlewoman from New York (Ms. SLAUGH- objection, the gentlewoman from Mas- These provisions also establish full- TER). sachusetts will control the balance of time sexual assault response coordina- Ms. SLAUGHTER. I thank the gen- the time. tors and victim advocates and ensure tleman for yielding. And, Madam There was no objection. they are well trained for the job and Speaker, good afternoon. Ms. TSONGAS. Madam Speaker, I able to properly serve victims of sexual Sexual assault in the military con- yield myself such time as I may con- assault. The 2009 Defense Task Force tinues to be a serious problem. It im- sume. Report on Sexual Assault in the Mili- pacts thousands of service women and While one in six women will experi- tary Services found that current vic- men each year. ence sexual assault in her lifetime, as tim advocates and sexual assault re- While I’m pleased with the recent im- many as one in three women leaving sponse coordinators are unprepared for provements made by the Department of military service report that they have the duties of the position. Defense, there remains much more to experienced some form of military sex- In the words of a current unit victim be done. It is vital that we do all we ual trauma. advocate, ‘‘I would truly be unprepared can to protect the men and women in By the Pentagon’s own estimate, as if a sexual assault were to occur and the military who protect us. few as 13.5 percent of sexual assaults my services were needed. It is my opin- I am very pleased that both the are reported. Additionally, while 40 ion that active duty victim advocates House and the Senate passed language percent of sexual assault allegations in are not prepared to deal with sexual as- improving the military’s response to the civilian world are prosecuted, this saults and could potentially deter indi- sexual assault in their respective number is a staggeringly low 8 percent viduals from coming forward.’’ versions of the National Defense Au- in the military. Having full-time SARCs and VAs thorization Act. The military has been slow to take with extensive training and certifi- the appropriate actions necessary to cation will ensure that they are truly a b 1250 protect victims of sexual assault. For valuable resource to their unit and to Earlier this week, I, along with Rep- example, rape victims still do not yet victims who come forward. resentative TURNER and 45 colleagues, have the right to a unit or duty loca- This language also improves the re- sent a letter to the House and Senate tion transfer following an assault. This tention of sexual assault records and Armed Services Committees asking means victims of sexual assault are guarantees that victims of sexual as- them to strongly consider the House- often forced to live and work alongside sault will have lifetime access to these passed provisions dealing with military their perpetrator, facing repeated records for a variety of purposes, such sexual assault. stress and trauma due to the constant as being considered for veterans bene- The language contained in the House contact they may have with an assail- fits and given priority consideration version makes necessary improvements ant who is part of their unit. for counseling at Veterans Affairs. to protect our service women and men. As unbelievable as it sounds, this is Currently, survivors of sexual assault Specifically, the House-passed lan- exactly what happened to Marine have to jump through multiple bureau- guage strengthens the rights of sexual Lance Corporal Maria Lauterbach, who cratic hurdles to prove that their assault victims by clarifying victim ac- accused her assailant of rape, and then symptoms are connected to an incident cess to legal counsel, and record main- spent the next 8 months exposed to the of sexual assault in the military in tenance and confidentiality, which are accused rapist, who later murdered her order to be prioritized for mental critically important. It also ensures ex- and buried her with the body of her un- health counseling or be eligible for pedited unit or station transfer when a born son in his backyard. benefits. Servicemembers find it dif- servicemember has been victimized. Although these events happened in ficult to obtain documentation proving Imagine being a victim of rape, 2007, the Department of Defense has their sexual assault once they have left which one young soldier told me about not adopted provisions that would the services because many of these doc- at a hearing, while serving in the mili- allow victims to escape constant con- uments are destroyed at DOD after tary, and every morning she had to sa- tact with their assailant. We ask men only a few years. This language ensures lute her rapist. That’s what the mem- and women who serve in the military that the documents are maintained. bers of our Armed Forces have experi- to put their lives on the line for our This language also requires DOD to enced and will continue to experience country, and they shouldn’t fear harm prepare a record of all court pro- if we don’t do something to change from their fellow servicemembers. We ceedings in which a charge of sexual as- that situation. simply must do more to protect them. sault is adjudicated and provide a copy The House-passed language also In May, this House passed H.R. 1540, to the victim. Because victims of sex- stresses the need for the NDAA to in- which included strong bipartisan provi- ual assaults serve as a witness rather clude comprehensive training and edu- sions that would allow victims of sex- than an active participant in trials cation programs for sexual assault pre- ual assault the right to transfer units, where their case is litigated, they often vention within the Department of De- the right to counsel, the right to privi- do not understand the outcome of their fense. The Senate version does not in- leged communications between a vic- case. These records are prepared where clude this protection, which is part of tim and a victim advocate, and the convictions result, but when charges H.R. 1709, the Force Protection and right to get records of their sexual as- are dismissed, or when a perpetrator is Readiness Act, which I introduced ear- sault so they can be eligible for vet- found innocent, the victim has no reli- lier this year. erans’ benefits. These provisions came able way to understand what happened I am pleased this motion to instruct from a bipartisan bill that I introduced and why his or her case was dismissed. conferees on the NDAA recognizes the with Mr. TURNER of Ohio. Making sure victims understand the importance of this issue, and I ask the Our language stipulates that con- outcome of their case is important to conferees to seriously consider includ- fidential communications cannot be providing closure for victims and mak- ing the strongest possible language to used by the defense attorney against a ing sure they are an active, respected prevent and appropriately respond to victim during court proceedings, and participant in the legal process.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19111 b 1300 who was raped by two officers in Thai- Ms. SPEIER. Will the gentleman It will help to alleviate much of the land when they were on port of call. yield? mistrust that servicemembers and vic- She was raped twice by each of these Mr. MCKEON. I’d be happy to yield. tims of sexual assault in the military men. She then went to report it and Ms. SPEIER. What I would say to the harbor when it comes to how a sexual was told to leave it alone. She was then gentleman from California is this: that assault case will be handled if they put in a medical hold for 24 hours, for the Congress of the United States has, make a report. days. And then what happened, she was for almost a quarter of a century now, Similar provisions were included in eventually allowed to leave the ship been looking at this issue. We have not the Senate’s version of the defense au- and be put in another service setting. done a good job—— thorization, but these provisions do not But do you know what happened to Mr. MCKEON. Reclaiming my time, clearly spell out a victim’s right to those two assailants, both of whom ad- as the new chairman of the committee, counsel and do not provide for a com- mitted that they had raped her? the first bill that we have brought for- prehensive education and training pro- The SPEAKER pro tempore. The ward, we have it in the bill. We are gram. time of the gentlewoman has expired. moving to take care of it. Yesterday a bipartisan group of 47 Ms. TSONGAS. I yield the gentle- Ms. SPEIER. Will the gentleman Members, led by Ms. SLAUGHTER and woman an additional minute. yield? Mr. TURNER, sent a letter to the chair- Ms. SPEIER. One of them had 6 Mr. MCKEON. No. I think we’ve prob- man and ranking member of both the months of reduction in pay; one of ably said enough. House and Senate Armed Services them got demoted, one of them did not; What I would say at this time is we Committees in support of the House’s but neither of them served any time for do support this. The bill was over- language. This motion simply instructs having admitted that they had raped whelmingly supported out of com- our conferees to insist on the House her. They got what was called non- mittee 60–1, 322–96 in the House. We’re language, language that will protect judicial punishment. moving strongly on this issue. We will our servicewomen. What a joke that in this country we support it through the conference and I urge my colleagues on both sides of give a unit commander the authority do our best to see that it remains in the aisle to support the motion to in- to be judge and jury and then not even the bill because it is such a very impor- struct conferees. have these individuals who commit tant issue. With that, Madam Speaker, I reserve these violent crimes have to pay any- With that, I yield back the balance of the balance of my time. thing. It doesn’t go on a record; there my time. Mr. MCKEON. I continue to reserve is no sexual assault database. That’s Ms. TSONGAS. Madam Speaker, I did the balance of my time. the way we’ve been running the mili- not mean to yield back my time; so I Ms. TSONGAS. Madam Speaker, I am tary, and that must stop. ask unanimous consent to reclaim my pleased to yield 2 minutes to the gen- Ms. TSONGAS. I yield back the bal- time. tlewoman from California who has ance of my time. The SPEAKER pro tempore. Is there taken such an interest in this very Mr. MCKEON. Madam Speaker, I objection to the request of the gentle- grave issue and played an important yield myself such time as I may con- woman from Massachusetts? leadership role, Congresswoman sume. Mr. MCKEON. Reserving the right to SPEIER. I just have to respond to the last object, I understand that I did that Ms. SPEIER. I thank Ms. TSONGAS speaker that we had. once myself, yield back my time inad- and the ranking member, Mr. SMITH, We have this language in the bill. We vertently. for bringing this motion. Thank you, have worked with Ms. TSONGAS. She’s With that, I would be happy to see Madam Speaker, for the opportunity to done great work with Mr. TURNER. We that my colleague has the balance of say a few words here. have been out of the majority for 4 her time to close, and I withdraw my This is a cancer that is eating up our years. We now have the majority. I’m reservation. military. For 25 years, we have debated not going to say that it shouldn’t have The SPEAKER pro tempore. Without and discussed and reported on it, and been fixed before; it should have. But objection, the gentlewoman from Mas- yet the numbers are staggering. By we have this in the bill. But to attack sachusetts is recognized. DOD’s own estimates, 19,000 men and the military and make them like they There was no objection. women in the military each and every are the worst people in the world— Ms. TSONGAS. I thank the chair- year are sexually assaulted or raped. 19,000 is excessive. It is something that man. Only 13 percent actually report these never should have happened. This will It has been my honor and pleasure to sexual assaults and rapes, and 90 per- take care of it. work in a bipartisan fashion on this cent of them are involuntarily honor- We just had talk of a revered football legislation that seeks to address the ably discharged. coach we found right in their organiza- great challenge of military sexual There is a message in the military: tion of a very upstanding university trauma. I think that we have incor- Shut up, take an aspirin, go to bed, that we all have thought great things porated into the House version of the sleep it off. These very modest ele- about, has all kinds of problems with bill some very significant reforms that ments are really very important, but if sexual abuse. will help to protect victims, unfortu- we’re really going to deal with this I refuse to have the innuendo or the nate victims of this great affront to issue, if we’re truly going to say that charge that the military is corrupt top young people serving in our military; you are no longer going to be more to bottom, which is what you basically will seek to better protect them as likely to be a victim of violence in the inferred in what you just said. they seek to bring to justice the per- military by a fellow officer than by the We support this. We put it in the bill. petrators; will better train those who enemy, if we’re really going to be able We think that it is very important to are put in a place designed and cre- to change that construct, then we’re take care of this problem. ated—these are positions created to going to have take the reporting of Ms. SPEIER. Will the gentleman help victims deal with this tremendous these crimes away from the chain of yield? trauma, seek out appropriate legal command and put it in a separate of- Mr. MCKEON. I’d be happy to yield. remedies and do it in a way that does fice where we will have experts, both Ms. SPEIER. I did not say that the not further victimize the victim. military and civilian, that will be able military was corrupt. What I did say Does that mean there is not always to prosecute these cases and actually was that the way—— going to be additional work to do? Ab- investigate them. Mr. MCKEON. Reclaiming my time, solutely, always; otherwise, we would Right now there’s a huge conflict of you did charge them with some very all be out of a job if we didn’t have to interest. I spoke on the floor this serious issues and besmirch the char- simply come back and revisit and re- morning about Petty Officer De Roche acter of the military. visit and revisit these issues.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19112 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 But I want to make it very clear that [Roll No. 892] Napolitano Rogers (KY) Southerland Neal Rogers (MI) Speier this has been a great bipartisan effort. AYES—421 Neugebauer Rohrabacher Stark I’m very thankful for the support we Ackerman Davis (CA) Hultgren Noem Rokita Stearns have received. The military has made Adams Davis (IL) Hunter Nugent Rooney Stivers tremendous efforts. But obviously we Aderholt Davis (KY) Hurt Nunes Ros-Lehtinen Stutzman Akin DeFazio Inslee Nunnelee Roskam Sullivan would not be here today discussing this Alexander DeGette Israel Olson Ross (AR) Sutton if there were still not a long way to go. Altmire DeLauro Issa Olver Ross (FL) Terry I appreciate the fact that this has Amodei Denham Jackson (IL) Owens Rothman (NJ) Thompson (CA) Andrews Dent Jackson Lee Palazzo Roybal-Allard Thompson (MS) been recognized on both sides of the Austria DesJarlais (TX) Pallone Royce Thompson (PA) aisle, and I thank you for allowing me Baca Deutch Jenkins Pascrell Runyan Thornberry to reclaim my time. Bachmann Dicks Johnson (GA) Pastor (AZ) Ruppersberger Tiberi Bachus Dingell Johnson (IL) Paul Rush Tierney I will now yield 1 minute to the gen- Baldwin Doggett Johnson (OH) Paulsen Ryan (OH) Tipton tlelady from California, Congress- Barletta Dold Johnson, E. B. Payne Ryan (WI) Tonko ´ woman SPEIER. Barrow Donnelly (IN) Johnson, Sam Pearce Sanchez, Linda Towns Bartlett Doyle Jones Pelosi T. Tsongas Ms. SPEIER. I thank the gentlelady Barton (TX) Dreier Jordan Pence Sanchez, Loretta Turner (NY) from Massachusetts for yielding me the Bass (CA) Duffy Kaptur Perlmutter Sarbanes Turner (OH) Bass (NH) Duncan (SC) Keating Peters Scalise Upton time. Becerra Duncan (TN) Kelly Peterson Schakowsky Van Hollen I would just like to say to the gen- Benishek Edwards Kildee Petri Schiff Vela´ zquez tleman from California and to my col- Berg Ellison Kind Pingree (ME) Schilling Visclosky Berkley Ellmers King (IA) Pitts Schmidt Walberg leagues on the Armed Services Com- Berman Emerson King (NY) Platts Schock Walden mittee, I am very grateful that this Biggert Engel Kingston Poe (TX) Schrader Walsh (IL) language is in the motion to instruct Bilbray Eshoo Kinzinger (IL) Polis Schwartz Walz (MN) the conferees. Bilirakis Farenthold Kissell Pompeo Schweikert Wasserman Bishop (GA) Farr Kline Posey Scott (SC) Schultz My only point is that until we create Bishop (NY) Filner Kucinich Price (GA) Scott (VA) Waters an independent office to handle these Bishop (UT) Fincher Labrador Price (NC) Scott, Austin Watt Black Fitzpatrick Lamborn Quayle Scott, David Webster cases, we continue to place the unit Blackburn Flake Lance Quigley Sensenbrenner Welch commanders and the base commanders Blumenauer Fleischmann Landry Rahall Serrano West in a conflict of interest. What happens Bonner Fleming Langevin Rangel Sessions Westmoreland when the unit commander is, in fact, Bono Mack Flores Lankford Reed Sewell Whitfield Boren Forbes Larsen (WA) Rehberg Sherman Wilson (FL) the assailant? That means that the Boswell Fortenberry Larson (CT) Reichert Shimkus Wilson (SC) rape victim has to go to her rapist and Boustany Foxx Latham Renacci Shuler Wittman seek to have help and to report that Brady (PA) Frank (MA) LaTourette Reyes Shuster Wolf Brady (TX) Franks (AZ) Latta Ribble Simpson Womack rape to her unit commander. Braley (IA) Frelinghuysen Lee (CA) Richardson Sires Woodall Brooks Fudge Levin Rigell Slaughter Woolsey b 1310 Broun (GA) Gallegly Lewis (CA) Rivera Smith (NE) Yarmuth Brown (FL) Garamendi Lewis (GA) Roby Smith (NJ) Yoder What we need to do is create an inde- Buchanan Gardner Lipinski Roe (TN) Smith (TX) Young (AK) Bucshon Garrett LoBiondo Rogers (AL) Smith (WA) Young (IN) pendent authority that will have the Buerkle Gerlach Loebsack expertise, which a unit commander is Burgess Gibbs Lofgren, Zoe NOES—2 not going to have, regarding sexual as- Burton (IN) Gibson Long Amash McClintock Butterfield Gingrey (GA) Lowey sault and rape and have investigators Calvert Gohmert Lucas NOT VOTING—10 who have, again, the expertise to look Camp Gonzalez Luetkemeyer Castor (FL) Hinchey Waxman at these cases so that the unit com- Campbell Goodlatte Luja´ n Diaz-Balart Myrick Young (FL) manders and the base commanders are Canseco Gosar Lummis Fattah Nadler Cantor Gowdy Lungren, Daniel Giffords Richmond not flummoxed by the various issues Capito Granger E. surrounding this very, very serious Capps Graves (GA) Lynch b 1338 subject. Capuano Graves (MO) Mack Cardoza Green, Al Maloney Messrs. CRENSHAW, CRAWFORD, Ms. TSONGAS. I yield back the bal- Carnahan Green, Gene Manzullo BRADY of Texas, Mrs. CAPPS, Messrs. ance of my time. Carney Griffin (AR) Marchant MCCARTHY of California, HUIZENGA Carson (IN) Griffith (VA) Marino of Michigan, Ms. CLARKE of New The SPEAKER pro tempore. Without Carter Grijalva Markey objection, the previous question is or- Cassidy Grimm Matheson York, Messrs. ENGEL, and KING of dered on the motion to instruct. Chabot Guinta Matsui Iowa changed their vote from ‘‘no’’ to Chaffetz Guthrie McCarthy (CA) There was no objection. ‘‘aye.’’ Chandler Gutierrez McCarthy (NY) So the motion to instruct was agreed The SPEAKER pro tempore. The Chu Hahn McCaul to. question is on the motion to instruct. Cicilline Hall McCollum Clarke (MI) Hanabusa McCotter The result of the vote was announced The question was taken; and the Clarke (NY) Hanna McDermott as above recorded. Speaker pro tempore announced that Clay Harper McGovern Cleaver Harris McHenry A motion to reconsider was laid on the ayes appeared to have it. Clyburn Hartzler McIntyre the table. RECORDED VOTE Coble Hastings (FL) McKeon f Coffman (CO) Hastings (WA) McKinley Mr. SMITH of Washington. Madam Cohen Hayworth McMorris MOTION TO PERMIT CLOSED CON- Speaker, I demand a recorded vote. Cole Heck Rodgers FERENCE MEETINGS ON H.R. 1540, Conaway Heinrich McNerney A recorded vote was ordered. Connolly (VA) Hensarling Meehan NATIONAL DEFENSE AUTHORIZA- The SPEAKER pro tempore. Pursu- Conyers Herger Meeks TION ACT FOR FISCAL YEAR 2012 ant to clauses 8 and 9 of rule XX, this Cooper Herrera Beutler Mica Costa Higgins Michaud Mr. MCKEON. Madam Speaker, pur- 15-minute vote on the motion to in- Costello Himes Miller (FL) suant to clause 12 of rule XXII, I move struct will be followed by 5-minute Courtney Hinojosa Miller (MI) that the managers on the part of the votes on the motion to permit closed Cravaack Hirono Miller (NC) Crawford Hochul Miller, Gary House on H.R. 1540 be permitted to conference meetings on H.R. 1540 and Crenshaw Holden Miller, George close to the public any of the con- the motion to instruct on H.R. 2550. Critz Holt Moore ference at such times as classified na- The vote was taken by electronic de- Crowley Honda Moran tional security information may be Cuellar Hoyer Mulvaney vice, and there were—ayes 421, noes 2, Culberson Huelskamp Murphy (CT) broached, providing that any sitting not voting 10, as follows: Cummings Huizenga (MI) Murphy (PA) Member of Congress shall be entitled

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19113 to attend any meeting of the con- Matheson Posey Shimkus MOTION TO INSTRUCT CONFEREES ference. Matsui Price (GA) Shuler ON H.R. 2055, MILITARY CON- McCarthy (CA) Price (NC) Shuster The SPEAKER pro tempore. Pursu- McCarthy (NY) Quayle Simpson STRUCTION AND VETERANS AF- ant to clause 12 of rule XXII, the yeas McCaul Quigley Sires FAIRS AND RELATED AGENCIES and nays are ordered. McClintock Rahall Slaughter APPROPRIATIONS ACT, 2012 McCollum Rangel Smith (NE) This will be a 5-minute vote. McCotter Reed Smith (NJ) The SPEAKER pro tempore. The un- The vote was taken by electronic de- McGovern Rehberg Smith (TX) finished business is the vote on the mo- vice, and there were—yeas 406, nays 17, McHenry Reichert Smith (WA) tion to instruct on the bill (H.R. 2055) McIntyre Renacci Southerland answered ‘‘present’’ 1, not voting 9, as McKeon Reyes Speier making appropriations for military follows: McKinley Ribble Stearns construction, the Department of Vet- [Roll No. 893] McMorris Richardson Stivers erans Affairs, and related agencies for Rodgers Rigell Stutzman the fiscal year ending September 30, YEAS—406 McNerney Rivera Sullivan 2012, and for other purposes, offered by Meehan Roby Sutton Ackerman Costello Hartzler the gentleman from Washington (Mr. Adams Courtney Hastings (FL) Meeks Roe (TN) Terry Aderholt Cravaack Hastings (WA) Mica Rogers (AL) Thompson (CA) DICKS), on which the yeas and nays Akin Crawford Hayworth Michaud Rogers (KY) Thompson (MS) were ordered. Alexander Crenshaw Heck Miller (FL) Rogers (MI) Thompson (PA) The Clerk will redesignate the mo- Altmire Critz Heinrich Miller (MI) Rohrabacher Thornberry Amodei Crowley Hensarling Miller (NC) Rokita Tiberi tion. Andrews Cuellar Herger Miller, Gary Rooney Tierney The Clerk redesignated the motion. Austria Culberson Herrera Beutler Miller, George Ros-Lehtinen Tipton The SPEAKER pro tempore. The Baca Cummings Higgins Moore Roskam Tonko question is on the motion to instruct. Bachmann Davis (CA) Himes Moran Ross (AR) Towns Bachus Davis (IL) Hinojosa Mulvaney Ross (FL) Tsongas This will be a 5-minute vote. Baldwin Davis (KY) Hirono Murphy (CT) Rothman (NJ) Turner (NY) The vote was taken by electronic de- Barletta DeGette Hochul Murphy (PA) Roybal-Allard Turner (OH) vice, and there were—yeas 409, nays 13, Barrow DeLauro Holden Napolitano Royce Upton not voting 11, as follows: Bartlett Denham Holt Neal Runyan Van Hollen Barton (TX) Dent Hoyer Neugebauer Ruppersberger Vela´ zquez [Roll No. 894] Bass (CA) DesJarlais Huelskamp Noem Rush Visclosky Bass (NH) Deutch Huizenga (MI) YEAS—409 Nugent Ryan (OH) Walberg Becerra Dicks Hultgren Ackerman Carson (IN) Fitzpatrick Nunes Ryan (WI) Walden Benishek Dingell Hunter Adams Carter Fleischmann Nunnelee Sa´ nchez, Linda Walsh (IL) Berg Doggett Hurt Aderholt Cassidy Fleming Olson T. Berkley Dold Inslee Walz (MN) Akin Chabot Forbes Berman Donnelly (IN) Israel Owens Sanchez, Loretta Wasserman Alexander Chaffetz Fortenberry Biggert Doyle Issa Palazzo Sarbanes Schultz Altmire Chandler Foxx Bilbray Dreier Jackson (IL) Pallone Scalise Waters Amodei Chu Franks (AZ) Bilirakis Duffy Jackson Lee Pascrell Schakowsky Watt Andrews Clarke (MI) Frelinghuysen Bishop (GA) Duncan (SC) (TX) Pastor (AZ) Schiff Waxman Austria Clarke (NY) Fudge Bishop (NY) Duncan (TN) Jenkins Paulsen Schilling Webster Baca Clay Gallegly Black Edwards Johnson (GA) Payne Schmidt Welch Bachmann Cleaver Garamendi Blackburn Ellmers Johnson (IL) Pearce Schock West Bachus Clyburn Gardner Bonner Emerson Johnson (OH) Pelosi Schrader Westmoreland Baldwin Coble Garrett Bono Mack Engel Johnson, E. B. Pence Schwartz Whitfield Barletta Coffman (CO) Gerlach Boren Eshoo Johnson, Sam Perlmutter Schweikert Wilson (FL) Barrow Cohen Gibbs Boswell Farenthold Jones Peters Scott (SC) Wilson (SC) Bartlett Cole Gibson Boustany Filner Jordan Peterson Scott (VA) Wittman Barton (TX) Conaway Gingrey (GA) Brady (PA) Fincher Kaptur Petri Scott, Austin Wolf Bass (CA) Connolly (VA) Gohmert Brady (TX) Fitzpatrick Keating Pingree (ME) Scott, David Womack Bass (NH) Conyers Gonzalez Braley (IA) Flake Kelly Pitts Sensenbrenner Woodall Becerra Cooper Goodlatte Brooks Fleischmann Kildee Platts Serrano Yarmuth Benishek Costa Gosar Broun (GA) Fleming Kind Poe (TX) Sessions Yoder Berg Costello Gowdy Brown (FL) Flores King (IA) Polis Sewell Young (AK) Berkley Courtney Granger Buchanan Forbes King (NY) Pompeo Sherman Young (IN) Berman Cravaack Graves (GA) Bucshon Fortenberry Kingston Biggert Crawford Graves (MO) Buerkle Foxx Kinzinger (IL) NAYS—17 Bilbray Crenshaw Green, Al Burgess Frank (MA) Kissell Bilirakis Critz Green, Gene Burton (IN) Franks (AZ) Kline Amash Farr McDermott Bishop (GA) Crowley Griffin (AR) Butterfield Frelinghuysen Labrador Blumenauer Grijalva Olver Bishop (NY) Cuellar Griffith (VA) Calvert Fudge Lamborn Clarke (NY) Honda Paul Bishop (UT) Culberson Grijalva Camp Gallegly Lance Conyers Kucinich Stark Black Cummings Grimm Campbell Garamendi Landry DeFazio Lee (CA) Woolsey Blackburn Davis (CA) Guinta Canseco Gardner Langevin Ellison Lewis (GA) Blumenauer Davis (IL) Guthrie Cantor Garrett Lankford Bonner Davis (KY) Gutierrez Capito Gerlach Larsen (WA) ANSWERED ‘‘PRESENT’’—1 Bono Mack DeFazio Hahn Capps Gibbs Larson (CT) Boren DeGette Hall Capuano Gibson Latham Bishop (UT) Boswell DeLauro Hanabusa Cardoza Gingrey (GA) LaTourette Boustany Denham Hanna Carnahan Gohmert Latta NOT VOTING—9 Brady (PA) Dent Harper Carney Gonzalez Levin Castor (FL) Giffords Nadler Brady (TX) DesJarlais Harris Carson (IN) Goodlatte Lewis (CA) Diaz-Balart Hinchey Richmond Braley (IA) Deutch Hartzler Carter Gosar Lipinski Fattah Myrick Young (FL) Brooks Dicks Hastings (FL) Cassidy Gowdy LoBiondo Brown (FL) Dingell Hastings (WA) Chabot Granger Loebsack Buchanan Doggett Hayworth Chaffetz Graves (GA) Lofgren, Zoe b 1347 Bucshon Dold Heck Chandler Graves (MO) Long Buerkle Donnelly (IN) Heinrich Chu Green, Al Lowey Mr. CONYERS changed his vote from Burgess Doyle Hensarling Cicilline Green, Gene Lucas Burton (IN) Dreier Herger Clarke (MI) Griffin (AR) Luetkemeyer ‘‘yea’’ to ‘‘nay.’’ Butterfield Duffy Herrera Beutler Clay Griffith (VA) Luja´ n Calvert Duncan (SC) Higgins Cleaver Grimm Lummis Mrs. LUMMIS changed her vote from Camp Edwards Himes Clyburn Guinta Lungren, Daniel ‘‘nay’’ to ‘‘yea.’’ Campbell Ellison Hinojosa Coble Guthrie E. Canseco Ellmers Hochul Coffman (CO) Gutierrez Lynch So the motion was agreed to. Cantor Emerson Holden Cohen Hahn Mack The result of the vote was announced Capito Engel Holt Cole Hall Maloney Capps Eshoo Honda Conaway Hanabusa Manzullo as above recorded. Capuano Farenthold Hoyer Connolly (VA) Hanna Marchant Cardoza Farr Huizenga (MI) Cooper Harper Marino A motion to reconsider was laid on Carnahan Filner Hultgren Costa Harris Markey the table. Carney Fincher Hunter

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19114 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 Hurt Mica Sarbanes b 1354 1086, 1092, 1202, 1204, 1205, 1211, 1214, 1216, 1218, Inslee Michaud Scalise 1219, 1226, 1228–1230, 1237, 1301, 1303, 1532, 1533 Israel Miller (FL) Schakowsky So the motion to instruct was agreed and 3112 of the House bill, and secs. 159, 1012, Issa Miller (MI) Schiff to. 1031, 1033, 1046, 1201, 1203, 1204, 1206–1209, 1221– Jackson (IL) Miller (NC) Schilling The result of the vote was announced 1225, 1228, 1230, 1245, title XIII and sec. 1609 of Jackson Lee Miller, Gary Schmidt as above recorded. the Senate amendment, and modifications (TX) Miller, George Schock Jenkins Moore A motion to reconsider was laid on committed to conference: Schrader Ms. Ros-Lehtinen, Messrs. Chabot and Ber- Johnson (GA) Moran Schwartz the table. Johnson (IL) Murphy (CT) Scott (SC) man. Stated for: From the Committee on Homeland Secu- Johnson (OH) Murphy (PA) Scott (VA) Mr. CICILLINE. Mr. Speaker, during rollcall Johnson, E. B. Napolitano Scott, Austin rity, for consideration of sec. 1099H of the Johnson, Sam Neal Scott, David vote No. 894 on H.R. 2055, I mistakenly re- House bill, and sec. 1092 of the Senate Jones Neugebauer Sensenbrenner corded my vote as ‘‘no’’ when I should have amendment, and modifications committed to Jordan Noem Serrano voted ‘‘yes.’’ conference: Kaptur Nugent Mr. Daniel Lungren of California, Mrs. Mil- Sessions APPOINTMENT OF CONFEREES Keating Nunes Sewell ler of Michigan and Mr. Thompson of Mis- Kelly Nunnelee Sherman THE SPEAKER pro tempore (Mr. sissippi. Kildee Olson Shimkus WESTMORELAND). Without objection, From the Committee on the Judiciary, for Kind Olver Shuler the Chair appoints the following con- consideration of secs. 531 of subtitle D of King (IA) Owens Shuster ferees: title V, 573, 843 and 2804 of the House bill, and King (NY) Palazzo Simpson Messrs. ROGERS of Kentucky, YOUNG secs. 553 and 848 of the Senate amendment, Kinzinger (IL) Pallone Sires and modifications committed to conference: Kissell Pascrell Slaughter of Florida, LEWIS of California, Messrs. Smith of Texas, Coble and Conyers. Kline Pastor (AZ) Smith (NE) FRELINGHUYSEN, ADERHOLT, Mrs. EMER- From the Committee on Natural Re- Kucinich Paul Smith (NJ) SON, Ms. GRANGER, Messrs. SIMPSON, sources, for consideration of secs. 313, 601 and Labrador Paulsen Smith (TX) Lamborn CULBERSON, CRENSHAW, REHBERG, CAR- 1097 of the House bill, and modifications Payne Smith (WA) Lance committed to conference: Pearce Southerland TER, DICKS, VISCLOSKY, Mrs. LOWEY, Landry Messrs. Hastings of Washington, Bishop of Pelosi Speier Mr. SERRANO, Ms. DELAURO, Messrs. Langevin Utah and Markey. Pence Stark MORAN, PRICE of North Carolina, and Lankford Perlmutter From the Committee on Oversight and Stearns Larsen (WA) Peters BISHOP of Georgia. Government Reform, for consideration of Stivers Larson (CT) Peterson There was no objection. secs. 598, 662, 803, 813, 844, 847, 849, 937–939, Sullivan Latham Petri 1081, 1091, 1101–1111, 1116 and 2813 of the House Sutton f LaTourette Pingree (ME) Terry bill, and secs. 827, 845, 1044, 1102–1107 and 2812 Latta Pitts APPOINTMENT OF CONFEREES ON Thompson (CA) of the Senate amendment, and modifications Lee (CA) Platts Thompson (MS) H.R. 1540, NATIONAL DEFENSE committed to conference: Levin Poe (TX) Thompson (PA) AUTHORIZATION ACT FOR FIS- Messrs. Ross of Florida, Lankford and Lewis (CA) Polis Thornberry Cummings. Lewis (GA) Pompeo CAL YEAR 2012 Tiberi From the Committee on Science, Space, Lipinski Posey The SPEAKER pro tempore. Without and Technology, for consideration of secs. LoBiondo Price (GA) Tierney 911 and 1098 of the House bill, and secs. 885, Loebsack Price (NC) Tipton objection, the Chair appoints the fol- Lofgren, Zoe Quayle Tonko lowing conferees: 911, 912 and Division E of the Senate amend- Towns ment, and modifications committed to con- Long Quigley From the Committee on Armed Services, Tsongas ference: Lowey Rahall for consideration of the House bill and the Rangel Turner (NY) Messrs. Hall, Quayle and Ms. Eddie Bernice Lucas Senate amendment, and modifications com- Luetkemeyer Reed Turner (OH) Johnson of Texas. Luja´ n Rehberg Upton mitted to conference: From the Committee on Small Business, Lummis Reichert Van Hollen Messrs. McKeon, Bartlett, Thornberry, for consideration of sec. 804 of the House bill, Lungren, Daniel Renacci Vela´ zquez Akin, Forbes, Miller of Florida, LoBiondo, and secs. 885–887 and Division E of the Senate E. Reyes Visclosky Turner of Ohio, Kline, Rogers of Alabama, amendment, and modifications committed to Lynch Richardson Walberg Shuster, Conaway, Wittman, Hunter, Roo- conference: Mack Rigell Walden ney, Schilling, Griffin of Arkansas, West, Mr. Graves of Missouri, Mrs. Ellmers and Maloney Rivera Walz (MN) Smith of Washington, Reyes, Ms. Loretta ´ Manzullo Roby Ms. Velazquez. Wasserman Sanchez of California, Messrs. McIntyre, An- From the Committee on Transportation Marchant Roe (TN) Schultz drews, Mrs. Davis of California, Messrs. Lan- Marino Rogers (AL) and Infrastructure, for consideration of secs. Waters gevin, Larsen of Washington, Cooper, Ms. Markey Rogers (KY) Watt 314, 366, 601, 1098 and 2814 of the House bill, Matheson Rogers (MI) Waxman Bordallo, Messrs. Courtney, Loebsack, Ms. and secs. 262, 313, 315, 1045, 1088 and 3301 of Matsui Rohrabacher Webster Tsongas and Ms. Pingree of Maine. the Senate amendment, and modifications McCarthy (CA) Rokita Welch From the Permanent Select Committee on committed to conference: McCarthy (NY) Rooney West Intelligence, for consideration of matters Messrs. Mica, Cravaack and Bishop of New McCaul Ros-Lehtinen Westmoreland within the jurisdiction of that committee York. McClintock Roskam Whitfield under clause 11 of rule X: From the Committee on Veterans Affairs, McCollum Ross (AR) Wilson (FL) Mr. Rogers of Michigan, Mrs. Myrick and for consideration of secs. 551, 573, 705, 731 and McCotter Ross (FL) Wilson (SC) Mr. Ruppersberger. 1099C of the House bill, and secs. 631 and 1093 McDermott Rothman (NJ) Wittman From the Committee on Education and the of the Senate amendment, and modifications McGovern Roybal-Allard Wolf McHenry Royce Workforce, for consideration of secs. 548 and committed to conference: Womack McIntyre Runyan 572 of the House bill, and secs. 572 and 573 of Mr. Bilirakis, Ms. Buerkle and Ms. Brown Woodall McKeon Ruppersberger the Senate amendment, and modifications of Florida. Woolsey McKinley Rush committed to conference: From the Committee on Ways and Means, Yarmuth McMorris Ryan (OH) for consideration of secs. 704, 1099A and 1225 Yoder Messrs. Petri, Heck and George Miller of Rodgers Ryan (WI) of the House bill, and sec. 848 of the Senate Young (AK) California. McNerney Sa´ nchez, Linda amendment, and modifications committed to Young (IN) From the Committee on Energy and Com- Meehan T. merce, for consideration of secs. 911, 1099A, conference: Meeks Sanchez, Loretta 2852 and 3114 of the House bill, and sec. 1089 Messrs. Camp, Herger and Levin. NAYS—13 of the Senate amendment, and modifications There was no objection. committed to conference: f Amash Flores Schweikert Messrs. Upton, Walden and Waxman. Broun (GA) Huelskamp Stutzman From the Committee on Financial Serv- REGULATIONS FROM THE EXECU- Cicilline Kingston Walsh (IL) Duncan (TN) Mulvaney ices, for consideration of sec. 645 of the TIVE IN NEED OF SCRUTINY ACT Flake Ribble House bill, and sec. 1245 of the Senate OF 2011 amendment, and modifications committed to Mr. SMITH of Texas. Mr. Speaker, I NOT VOTING—11 conference: Mr. Bachus, Mrs. Capito and Mr. Acker- ask unanimous consent that all Mem- Castor (FL) Giffords Nadler bers may have 5 legislative days to re- Diaz-Balart Hinchey Richmond man. Fattah Hirono Young (FL) From the Committee on Foreign Affairs, vise and extend their remarks and in- Frank (MA) Myrick for consideration of secs. 1013, 1014, 1055, 1056, clude extraneous materials on H.R. 10.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19115 The SPEAKER pro tempore. Is there parency. The President has stated that major laws with which they are forced objection to the request of the gen- ‘‘it is extremely important to minimize to comply? tleman from Texas? regulatory burdens and avoid unjusti- Since the New Deal, every Congress There was no objection. fied regulatory costs.’’ has delegated more of its constitu- The SPEAKER pro tempore. Pursu- Unfortunately, the President’s ac- tional lawmaking authority to ant to House Resolution 479 and rule tions speak louder than his words. But unelected bureaucrats in administra- XVIII, the Chair declares the House in rather than make good on its state- tive agencies through vaguely written the Committee of the Whole House on ments, the Obama administration has laws. This is an abdication of Congress’ the state of the Union for the consider- proposed four times the number of constitutional responsibility to write ation of the bill, H.R. 10. major regulations than the previous the laws. This practice of excessive delegation b 1400 administration over a similar time pe- riod. And the White House has admit- of legislative powers to the executive IN THE COMMITTEE OF THE WHOLE ted to Congress that, for most new branch allows Members of Congress to Accordingly, the House resolved major regulations issued in 2010, gov- take credit for the benefits of the law itself into the Committee of the Whole ernment failed to analyze both the cost it has passed and then blame Federal House on the state of the Union for the and the benefits. agencies for the costs and requirements consideration of the bill (H.R. 10) to It is time for Congress to take action of regulations authorized by the same amend chapter 8 of title 5, United to reverse these harmful policies. With legislation. Members of Congress are States Code, to provide that major the REINS Act, we can hold the admin- never required to support, oppose, or rules of the executive branch shall istration accountable for its unjusti- otherwise contribute to Federal regula- have no force or effect unless a joint fied regulatory assault on America’s tions that are major and finalized resolution of approval is enacted into job creators; and we can guarantee under their watch. law, with Mr. DENHAM in the chair. that Congress, not unelected agency of- Even more troubling, this practice The Clerk read the title of the bill. ficials, will be accountable for all new has enabled the executive branch to The CHAIR. Pursuant to the rule, the major regulatory costs. overstep the intent of Congress and bill is considered read the first time. The American people want job cre- legislate through regulation based on The gentleman from Texas (Mr. ation, not more regulation. The REINS broad authorities previously given the SMITH) and the gentleman from Michi- Act reins in out-of-control Federal reg- agency. In recent years, we’ve seen ex- gan (Mr. CONYERS) each will control 30 ulations that burden America’s busi- amples of administrative agencies, re- minutes. nesses and job creators. gardless of party, going beyond their The Chair recognizes the gentleman I thank Mr. DAVIS of Kentucky for original grants of power to implement from Texas. introducing this legislation. I urge all policies not approved by the people’s Mr. SMITH of Texas. Mr. Chairman, I my colleagues to support the REINS Congress. yield myself such time as I may con- Act, and I reserve the balance of my In several cases, such as net neu- sume. time. trality rules and the regulation of car- The American people today have Mr. CONYERS. Mr. Chairman, I yield bon emissions, agencies are pursuing been hit by an onslaught of unneces- myself 2 minutes. regulatory action after Congress has sary Federal regulations. From the Ladies and gentlemen of the House, explicitly rejected the concept. In fact, Obama administration’s health care H.R. 10 is the mother of all administrative officials publicly pro- mandate to the increase of burdens on antiregulatory bills. Since the House claimed the strategy after the results small businesses, government regula- was in session during 2010 for 116 legis- of the 2010 elections, going around Con- tion has become a barrier to economic lative days, under this bill—and I in- gress by forcing their agenda through growth and job creation. vite any of my colleagues to make any regulation. By its own admission, the adminis- different analysis—the Congress would In February of last year, The New tration is preparing numerous regula- be required after 70 days after they re- York Times quoted White House Com- tions that each will cost the economy ceive a rule to act upon it. If you only munications Director Dan Pfeiffer as $1 billion or more per year. Its 2011 reg- have 116 days, legislative days a year, saying, ‘‘In 2010, executive actions will ulatory agenda calls for over 200 major it would be literally impossible to han- also play a key role in advancing the rules which will affect the economy by dle the number of rules that we would administration’s agenda.’’ True to $100 million or more each every year. get. their word, the administration con- Employers, the people who create Namely, we got 94 rules last year, 116 tinues using regulations as an end jobs and pay taxes, are rightly con- days. If we were handling every rule— around Congress. cerned about these costs and the costs please, use your arithmetic skills, la- The lack of congressional account- that regulations impose on their busi- dies and gentlemen. This bill would be ability for the regulatory process has nesses. In a Gallup poll conducted last unworkable, and it would be impossible allowed the regulatory state to grow month, nearly one-quarter of small for new regulations to be enacted. But almost unchecked for generations. Fed- business owners cited compliance with then, maybe that’s the whole thrust of eral administrative agencies issued government regulations as their pri- the matter. 3,271 new rules in 2010, or roughly nine mary concern. That should motivate us I reserve the balance of my time. regulations per day. to take action today. Mr. SMITH of Texas. Mr. Chairman, I These regulations have a profound Rather than restrain its efforts to ex- yield 6 minutes to the gentleman from impact on our economy. The Small pand government, the administration Kentucky (Mr. DAVIS), who is the spon- Business Administration estimated now seeks to accomplish through regu- sor of this legislation. that regulations cost the American latory agencies what it cannot get ap- Mr. DAVIS of Kentucky. I thank the economy $1.75 trillion in 2008, and proved by Congress. The REINS Act chairman. that’s nearly twice the amount of indi- gives the people’s representatives in Two years ago, I met with the a con- vidual income taxes paid in this coun- Congress the final say over whether stituent who was concerned about the try that year. Small businesses spend Washington will impose major new reg- effects of unfunded EPA mandates on an estimated $10,500 per employee to ulations on the American economy. his water and sewer bills. He wanted to comply with Federal rules, a consider- More than once this year, the Presi- know why Congress doesn’t vote on able burden on the private sector’s dent himself has talked about the dan- new regulations. This simple question ability to create jobs at a time of con- gers that excessive regulations pose to inspired the legislation that we’re con- tinued economic struggles. our economy. He has called for reviews sidering today, and it also begs a Today, we can choose to continue on of existing regulations. He has pro- broader question: Who should be ac- this path, or we can vote to restore our fessed a commitment to more trans- countable to the American people for constitutional duty to make law and be

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19116 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 held accountable for the details. The Not all regulations are bad. Many Service, for example, received over 1.6 REINS Act effectively constrains the provide needed public safeguards, help million comments on its roadless rule delegation of congressional authority to keep the American people safe, and and held over 600 public meetings. by limiting the size and scope of rule- maintain a level playing field for busi- And public involvement doesn’t stop making permission. nesses to compete. And so good regula- there. Federal agencies are required by Once major rules are drafted and fi- tions would be approved by future Con- law to consider and respond to each nalized by an agency, the REINS Act gresses, and those that could not with- comment received. Commenters fre- would require Congress to hold an up- stand the public scrutiny of a vote in quently request and receive comment- or-down vote on any major regulation. Congress would not. period extensions. And when agencies Major regulations are those with an A commonsense regulatory system learn of legitimate problems with their annual economic impact of more than with appropriate checks and balances proposed regulations, they change or $100 million, as determined by the Of- on the most economically significant withdraw them to address those con- fice of Information and Regulatory Af- rules will help to revive our stagnant cerns. fairs. The President would also have to economy and give more businesses the As an additional check on Federal sign the resolution before it could be ability to hire thanks to a better sense rulemaking, Congress passed the Con- enforced on the American people, job of stability and what to expect from gressional Review Act. This law al- creators, or State and local govern- Washington going forward. ready provides a 60-day waiting period ments. Every major regulation would The question we’re asked today is in before a final rule becomes effective. be voted on within 70 legislative days. effect the same I was asked by my con- And during that delay, Congress can The REINS Act was specifically writ- stituent in August of 2009: Who should disapprove an agency rule by joint res- ten not to unnecessarily hold up the be accountable for the rules and regu- olution. The fact is that Federal agencies al- regulatory process. Rather, the bill lations that have the greatest eco- ready have the right attitude about prevents REINS resolutions from being nomic impact on our economy? My an- regulation. I think Federal Reserve filibustered in the Senate. swer is the Congress. In an era of high Chairman Ben Bernanke summed up The point of the REINS Act is simply unemployment, Congress can no longer agency regulatory philosophy best: We accountability. Each Congressman avoid its responsibility to the Amer- seek to implement the will of Congress must take a stand and be accountable ican people for the regulatory burden. in a manner that provides the greatest for regulations that cost our citizenry Passing the REINS Act today would be benefit at the lowest cost to society as $100 million or more annually. No a major step forward in returning to a a whole. longer would Congress be able to avoid constitutional, responsible, legislative, This bill takes America in the wrong accountability by writing vague laws and regulatory framework. direction—one full of risk and cost that I want to thank Judiciary Chairman requiring the benefits up front and will put the public’s health and safety LAMAR SMITH for his countless efforts leaving the unpopular or costly ele- at great risk. ments to the bureaucrats who will on behalf of the REINS Act and his I strongly urge my colleagues to join leadership, as well as the more than 200 write those elements of the law at Chairman CONYERS in opposing this some later date. Whether or not Con- cosponsors of this bill in the House. I wrong legislation. gress approves a particular regulation, urge my colleagues to support this bill. Mr. SMITH of Texas. Mr. Chairman, I there will be a clearly accountable vote Mr. CONYERS. Mr. Chairman, I yield yield 3 minutes to my friend and col- on the subject that the American peo- myself 15 seconds. league from Texas (Mr. HENSARLING), ple can see and judge for themselves. The REINS Act is the mother of all the chairman of the House Republican anti-regulatory bills in the Congress. b 1410 Conference. The only problem, I say to the distin- Mr. HENSARLING. I thank the gen- This ensures the greatest regulatory guished author, the gentleman from tleman for yielding. burdens on our economy are necessary Kentucky, is that it won’t work. There Mr. Chairman, it was just a few to promote the public welfare, rather are only 116 legislative days. weeks ago that our Nation celebrated than simply sprouting from the minds I yield 2 minutes to the gentleman Thanksgiving. Unfortunately, in the of unelected bureaucrats. from Virginia, JIM MORAN. Obama economy, millions could not The bill’s name as a metaphor for the Mr. MORAN. I thank the very distin- give thanks for having a job. In the reins on a horse is fitting. The purpose guished former chairman of the Judici- Obama economy, unemployment re- of reins is not to keep a horse at a ary Committee. mains mired at near or above 9 percent. standstill. Reins are a tool to ensure This Republican bill is neither effec- In the Obama economy, one in seven that the horse knows what is expected tive nor responsible. To paraphrase are on food stamps. In the Obama econ- of him and is acting according to the H.L. Mencken, eliminating Federal omy, we have seen the fewest small intent and will of the rider. agency rulemaking as we know it is a business startups in 17 years. Likewise, the REINS Act would not solution that is simple, neat, and That’s why, Mr. Chairman, jobs are stop the regulatory process. It would wrong. job number one for House Republicans. improve the regulatory process by en- Mr. Chairman, despite what the That’s why our jobs bills have been suring that new major rules match the House majority would like you to be- passed; but, unfortunately, 25 of them intent of Congress and the will of the lieve, our Federal regulatory process is are stacking up like cord wood in the American people. The REINS Act a model the world over. Delegations Democratic-controlled Senate. After would foster greater upfront coopera- from other countries frequently visit today, it will be 26 because one of the tion between agencies and future Con- our government agencies to learn how most important pro-jobs bills is on the gresses, resulting in better written leg- their governments can best ensure pub- floor today, the REINS Act. islation and regulation. lic involvement while maximizing gov- Mr. Chairman, whether I’m speaking With greater accountability and ernment effectiveness and efficiency. to Fortune 50 CEOs out of Dallas, transparency, regulatory agencies will Why? Because our regulatory system is Texas, where I reside, or small business have no choice but to write regulations the most open and the most fair sys- people in east Texas that I have the that reflect the need for sensible stand- tem in the world. privilege of representing in this body, ards and take into account the impact Current law already guarantees that they all tell me the same thing: the regulations have on American busi- proposed regulations get widely pub- number one impediment to jobs in nesses and families. lished and receive extensive public par- America today is the Federal regu- Similarly, agencies would no longer ticipation. The proof of that is that latory burden. be able to bypass Congress with regula- proposed Federal regulations receive I hear from them each and every day. tions that don’t match congressional hundreds, thousands, even millions of I heard from the Grasch family in the intent or go too far. public comments. The U.S. Forest Fifth District of Texas:

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19117 ‘‘As a small business, I have to bring government. It would rein in the oppor- cost of all Federal regulations in this in an additional thousand dollars a tunity for regulations that are promul- country was almost $2 trillion in 2008. month to break even.’’ He’s talking gated by experts in our agencies, ex- Now, do we really need all of those about his regulatory burden. ‘‘This is perts who have years of expertise in expensive regulations? Good thing the while consumers have less money to subject matters, in order to come up Federal regulators weren’t around purchase my services. I will not invest with rules and regulations to imple- when the Ten Commandments were in any further expansion and therefore ment the laws that we pass. written—no telling what additional not hiring until smarter policies are Now, I am proud to be a Member of regulations they would have added to being conveyed from Washington.’’ the United States Congress. I know those simple 10 phrases. I heard from the Rossa family, also that we have good men and women in It is common sense that Congress in the Fifth District, who talks about this House and that most of the people should have a say on a regulation that the regulatory burden from the Presi- are very good men and women. But would have a drastic, expensive effect dent’s health care plan: right now, Congress has a 9 percent ap- on our economy. So why do my friends ‘‘My company has laid off all staff, proval rating. This bill would tell the on the other side, who are such big and I myself will file for unemploy- American public that it should take friends of regulations, not want the ment on Monday. That’s about 23 peo- the expertise of the people who are in regulators to be regulated? I don’t un- ple added to the unemployment rolls the agencies and in the administration derstand that. next week,’’ again due to Federal regu- and turn it over to the 435 Members of Remember, we are elected. lation. Congress—535 when including those in The regulators are not. I heard from the Nixon family in the Congress is the branch of government the Senate—the least approved govern- Fifth District of Texas. Federal regula- that is closely connected to the people, ment body that exists. tion, again: and if Congress approves unnecessary ‘‘We are giving up this part of our On the one hand, they decry Con- gress, and their candidate Mr. Perry and burdensome regulations, we have business. One person’s losing their job. to be accountable to our voters in our This is just one small example of how wants us to work half time, but this bill would make us the super-regu- districts for that. excessive government regulation is sti- Who do the regulators answer to? fling business.’’ latory commission. We would have to No one. They only answer to their su- It’s the number one impediment, and approve every regulation by a positive pervisors, who are also regulators. all we’re asking today with the REINS vote in the House and by a positive When the regulators go to work Act is that if a regulation is going to vote in the Senate. We would have to every day, like most people go to work, cost our economy jobs, if it’s going to do it and have the President sign it their work assignments are a little dif- cost a hundred million dollars or more, within 70 days of promulgation. We’d ferent. In my opinion, they sit around let’s have congressional approval. It’s only have every other Thursday to do a big oak table, drinking their lattes, common sense. It forces account- this, and we’d only have debate of 30 they have out their iPads and their ability. It simply weighs the benefit of minutes on each side. So you’d take computers, and they decide: Who shall a regulation to be balanced with the the least respected body of government we regulate today? Then they write a cost to our own jobs. in the entire United States of Amer- regulation, send it out to the masses, Jobs ought to be number one in this ica—maybe of the entire world—and and make us deal with the cost of that. House, and the number one jobs bill we give it a very limited amount of time All the REINS Act does is ask that can pass is the REINS Act. I ask for to make all of the rules and regula- the Congress be involved in these over- once that my colleagues on the other tions for the biggest government in the burdensome regulations. side of the aisle join me, and let’s put world. Mr. CONYERS. Mr. Chairman, I yield America back to work. Talk about clean air. We wouldn’t 2 minutes to a valuable member of the Mr. CONYERS. Mr. Chairman, I am have it. You’d have more dirty rain. Judiciary Committee, the distin- pleased to yield 3 minutes to the gen- The REINS Act—it should be called the guished gentleman from Georgia, HANK tleman from Virginia, STEVE COHEN, a Acid Rain Act. It’s raining outside. It’s JOHNSON. ranking subcommittee member in Ju- raining prevarications, fabrications, Mr. JOHNSON of Georgia. I rise in diciary. and canards upon us, none of which are opposition to H.R. 10, the so-called Mr. COHEN. I appreciate the time, appropriate for this body or for the REINS Act. It’s a demonstration of the but I don’t appreciate the relocation. I American people. reign of terror that the Tea Party-Gro- am from Tennessee, the Volunteer We’ve had several bills dealing with State, and from Memphis, in par- ver Norquist Republican Party has ex- regulation in this session, all of which ticular. But it is appropriate, I guess, acted on Americans insofar as their basically tend to emasculate govern- that we be a little confused with States health and safety are concerned, and in ment. These bills take away the peo- because listening to the debate on the terms of their ability as small busi- ple’s rights to clean air, clean water, floor, it’s obvious we’re a little con- nesses to compete with Wall Street and safe products, and to occupational safe- fused about history and Presidents, Big Business. ty and health hazard protection, all of You see, this is a Christmas gift. It’s too, for President Obama has been which are almost second nature to the Bush-whacked here on the floor of the a gift to those who installed this Tea American public. House. Party reign in Congress, and this Tea It’s not the Obama economy, it’s the I’d ask us to defeat this bill and to Party reign, the Republicans in Con- Bush economy that President Obama protect our environment and our work- gress, are doing everything they’re sup- saved from going into the second Great ers. posed to do. Depression that this country would Mr. SMITH of Texas. Mr. Chairman, I This is the anti-regulatory bill, as have suffered in 100 years, saved it yield 2 minutes to my friend and col- the chairman said, that is the mother from depression with great actions at a league from Texas (Mr. POE), a member of all anti-regulatory bills. In fact, time of bipartisan action that helped of the Judiciary Committee. these 25, 26 bills that have been mis- save this country from the Great De- Mr. POE of Texas. The mere phrase named ‘‘jobs bills’’ that the Repub- pression that it was otherwise looking ‘‘the regulators’’ brings fear and trepi- licans have passed are nothing more at. I think we need to commend Presi- dation down into the hearts and souls than anti-regulatory legislation, sprin- dent Obama and not Bush-whack him of small business owners throughout kled with a little antiabortion legisla- when we get the chance here in the the fruited plain. tion in there—with not one job to be partisan discussions. Mr. Chairman, the Code of Federal created. Regulations is 150,000-pages long. You’re just simply kowtowing to the b 1420 That’s a lot of pages. Those are a lot of wishes of those who line your pockets This bill that has been brought up, regulations. According to the Small with gold in order for you to get elect- H.R. 10, the REINS Act, would rein in Business Administration, the annual ed.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19118 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 This anti-regulatory legislation is tory authority granted by Congress, the President wanted to pass through turning the clock back on progress in and we must stop this. The REINS Act this do-nothing House of Representa- America. We want to turn it all over to is the way to do it, and I strongly urge tives would have helped him greatly. Big Business. This is what the Wall my colleagues to support this measure. Then we have millions of Americans, Street occupation is all about. This is b 1430 6 million, who are trying to get unem- what the Tea Party is all about. ployment insurance. Here we are down The CHAIR. The time of the gen- Mr. CONYERS. Mr. Chairman, I yield to the last wire telling those in this tleman has expired. 3 minutes to a senior member of the blessed holiday season, whatever your Mr. CONYERS. I yield the gentleman House Judiciary Committee, the gen- faith, that you have to wait at the door an additional 30 seconds. tlewoman from Texas, the Honorable and, in fact, there may not be any Mr. JOHNSON of Georgia. This bill SHEILA JACKSON LEE. room at the inn for 6 million who don’t will make it impossible to implement Ms. JACKSON LEE of Texas. I thank have their unemployment insurance. critical new regulations that will place the gentleman. I don’t want to shut down the govern- some restraints on the excesses of the I think it’s important for our col- ment. business community, and I ask that it leagues to understand just what is The CHAIR. The time of the gentle- be defeated. being asked of this body. I believe it is woman has expired. Mr. SMITH of Texas. Mr. Chairman, I a nullification of the Constitution, Mr. CONYERS. I yield the gentle- yield 2 minutes to the gentleman from which I like to carry, and the very dis- woman an additional 15 seconds. Arizona (Mr. QUAYLE), a member of the tinct definition of the three branches Ms. JACKSON LEE of Texas. I thank Judiciary Committee. of government and their responsibil- the distinguished gentleman. Mr. QUAYLE. I thank the gentleman ities. I don’t want to shut down the govern- for yielding. Frankly, our friends are trying to ment. I want a government that works. Mr. Chairman, I rise today in strong equate this Congress and its do-nothing Rulemaking is not the demon here; and support of H.R. 10 because greater con- record to the work of the executives, the process of rulemaking, if you read gressional scrutiny of major regula- and now to create a do-nothing path- it, provides the input and assessment tions ensures that the Federal Govern- way for the rulemaking process which, of those who are concerned. ment is more accountable to the Amer- as I’ve indicated on many of the bills What this does is involve the Presi- ican people. that have already passed, there is a dent, the Congress, in a scheme that is Poll after poll of small business own- Federal court process for anyone that so dilatory that we will never do any ers and of medium-sized business own- wants to challenge the process of rule- work in this Congress. I beg of you to ers will show you that major regula- making or whether or not due process defeat this legislation. tions are holding back their expansions has been denied. So I’d actually say Mr. Chair, I rise today to debate H.R. 10 and the ability for them to hire more that what we have here is a complete Regulations from the Executive in Need of workers. Yet you don’t have to rely on shutdown of the Federal Government, Scrutiny (REINS). REINS would amend the polls. You can just go down and talk to for it is asking this Congress to pass a Congressional Review Act (CRA) and require the local businesses in your districts. I joint resolution of approval for any Congressional approval of all major rules had a job forum the other week. Time major rule to be passed. (rules with an economic impact that is greater and time again, the constant refrain we Now, Mr. Chairman, let me suggest than $100 million). If Congress fails to act heard from these business leaders was to you what would happen: Warnings within 70 days the rule cannot be imple- that the overly burdensome regulatory on cigarette packages would no longer mented. This change is targeted directly at ex- environment is holding back their ex- exist; Medicare payments for those ecutive agencies and does nothing to create pansions. lying in psychiatric hospitals would jobs. Several months ago, in the beginning not be able to be paid; and the emis- In other words, this bill is calling for Con- of the 112th Congress, I had some hope sions standards for boiler pollutants, gressional oversight of Executive branch ac- because President Obama issued an Ex- hazardous pollutants out of industrial, tivities and functions. I have been serving as ecutive order that required agencies to commercial, and institutional emis- a member of this governing body since 1995, review their regulations to see if we sions would go flat; and we would have and oversight of the Executive branch is ex- could have a less burdensome regu- a nation that small businesses, I be- actly what Congress does. One of the main latory environment. Unfortunately, lieve, would argue would also be a dis- functions of the Congressional Committees is what happened was that those were traction from the work that they do. oversight. just words, and were not followed up by It is interesting that my friends If Congress were required to proactively ap- actual action, for, since then, the ad- would want to use the backs of small prove every federal rule, it would be extremely ministration has continued to intro- businesses to pretend that they are time consuming. The Federal agencies of the duce new regulations at a rapid rate. protecting them. First of all, if they Executive branch are made up of experts in In this year alone, over 73,000 pages look at their facts, they will note the their respective fields. Many of the regulations of new regulations have been added to Obama administration has passed less that Federal agencies enact are very specific the Federal Register at a cost of $67.4 rules than the Bush administration. and require a high level of familiarity with the billion. Mr. Chairman, I have right As I indicated, they will also note minute details of certain issues. The time it here the amount of paper that has been that the 111th Congress passed more would take members of Congress to become added to the Federal Register in one constructive bills to help small busi- adequately acquainted with each issue being week. This is last week’s regulations. nesses than this Congress could ever proposed by each Federal agency would cer- It’s pretty hefty. Actually, it’s 8 do, and the fact that they would note tainly be more productive if channeled into ef- pounds, 13 ounces. There are 2,940 brand that it has been recorded that this Con- forts to effect the change that Americans want. new pages of Federal regulations that gress is the largest do-nothing Con- For example extending unemployment insur- would stretch, if you laid them end to gress that has ever existed. It would be ance, job creation, and encouraging job end, 2,695 feet. helpful if we could pass the payroll tax growth. Yet, here we are again wasting time At this time, there are more than cut for 160 million Americans, allow on a measure that will not help our economy. 4,000 new regulations in the pipeline. Of them to infuse dollars, 1,000 or $1,500, There is no credible evidence that regula- those, 224 are major regulations that into the small businesses of America. tions depress job creation. The Majority’s own will have an economic impact exceed- I will tell you that my small busi- witness at the legislative hearing (on H.R. ing $100 million. So, at a minimum, the nesses will celebrate that. In visiting a 3010 a bill based on the same false premise) annual economic impact for these new medical clinic owned by a doctor that clearly debunked the myth that regulations sty- regulations will be $22 billion. had thousands of feet that he wanted to mie job creation. Christopher DeMuth, who ap- We need to change this. Some of rehab and expand, he said that payroll peared on behalf of the American Enterprise these agencies act outside the statu- tax that was part of the jobs bill that Institute, a conservative think tank, stated in

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19119 his prepared testimony that the ‘‘focus on jobs cies that shift more risk and more costs onto branch numbered two. And it doesn’t . . . can lead to confusion in regulatory de- us from big corporate actors. . . . To create matter what side of the aisle they bates’’ and that ‘‘the employment effects of jobs and get our country on a path to a strong come from or what party they come regulation, while important, are indeterminate.’’ economic future, what small businesses need from, I think it’s appropriate for those If anything, regulations may promote job is customers—Americans with spending 535 who send those measures to those growth and put Americans back to work. For money in their pockets—not watered down folks, check back to make sure that’s instance, the BlueGreen Alliance notes: ‘‘Stud- standards that give big corporations free rein being done appropriately. ies on the direct impact of regulations on job to cut corners, use their market power at our Mr. CONYERS. Mr. Chairman, I am growth have found that most regulations result expense, and force small businesses to lay pleased to yield 2 minutes to a senior in modest job growth or have no effect, and people off and close up shop.’’ member of the Education Committee, economic growth has consistently surged for- Mr. SMITH of Texas. Mr. Chairman, I the gentleman from New Jersey, ROB ward in concert with these health and safety yield myself 15 seconds. ANDREWS. protections. The Clean Air Act is a shining ex- I want to set the record straight. The Mr. ANDREWS. Mr. Chairman, 25 ample, given that the economy has grown bill is not antiregulatory but pro-ac- days from now, if the Congress doesn’t 204% and private sector job creation has ex- countability. It will enable both Re- act, every middle class family in this country is going to have a $1,000 tax in- panded 86% since its passage in 1970.’’ publican and Democratic majorities in Regulation and economic growth can go Congress to make the final calls on crease. Twenty-five days from now, if the Congress doesn’t act, doctors who hand in hand. Regarding the Clean Air Act, major regulations that come from ad- take care of our Medicare patients are the White House Office of Management and ministrations of either party. Majori- going to have a 23 percent cut in the Budget (‘‘OMB’’) recently observed that 40 ties of either party can be expected to fee they get to see Medicare patients. years of success with this measure ‘‘have approve regulations whenever appro- During those 25 days, several million priate, but the key is that Congress al- demonstrated that strong environmental pro- Americans who are out there looking tections and strong economic growth go hand ways be held accountable. for a job every day are going to receive Mr. Chairman, I yield 2 minutes to in hand.’’ Similarly, the Natural Resources De- their last unemployment benefits fense Council and the United Auto Workers the gentleman from Nevada (Mr. check. cite the fact that increased fuel economy AMODEI), a member of the Judiciary These are the issues confronting standards have already led to the creation of Committee. America today, and what are we doing? more than 155,000 U.S. jobs. Mr. AMODEI. I thank my distin- We’re debating a bill that says that REGULATORY UNCERTAINTY IS NOT WHY BUSINESSES guished chairman from Texas. some regulation the government might ARE NOT HIRING WORKERS Mr. Chairman, 85 percent of the land do someday in the future should have a The claim that regulatory uncertainty hurts in Nevada is controlled by the Federal procedure where Congress can reject it. business has been debunked as political op- Government. Perhaps no other State in There already is such a procedure. portunism. Bruce Bartlett, a senior policy ana- the Nation lives with a more daily, di- And for all these terrible regulations lyst in the Reagan and George H.W. Bush Ad- rect impact of the presence of the Fed- we keep hearing about that have been ministrations observed ‘‘[R]egulatory uncer- eral Government and its regulatory re- introduced this year, do you know how tainty is a canard invented by Republicans gime than the Silver State. many times the majority has brought that allows them to use current economic Community-driven development pro- to the floor a resolution to reject one problems to pursue an agenda supported by posals that would generate economic of those regulations? Once. the business community year in and year out. growth often take years longer than So this is such a grave threat to the In other words, it is a simple case of political they should because of layer upon layer country’s economy that the majority opportunism, not a serious effort to deal with of regulatory, mandatory gymnastics. that controls the floor has chosen on high unemployment.’’ Home builders, agribusiness, mining, one occasion to bring a regulation to Regulatory uncertainty does not deter busi- manufacturers, retailers, the resort the floor. ness investment. A lack of demand, not uncer- and hospitality industries, small busi- What we ought to be doing is can- tainty about regulation, is cited as the reason ness in general all lament the gym- celing out this $1,000-a-year tax in- for not hiring. nastics that they have to go through to crease on the middle class. What we At a legislative hearing on regulatory reform get a permit or even to comply with ex- ought to be doing is making sure our (H.R. 3010), Professor Sidney Shapiro simi- isting regulations. seniors can see the doctor come Janu- larly noted, ‘‘All of the available evidence con- All of that effort in a State, which I ary 1. What we ought to be doing is tradicts the claim that regulatory uncertainty is am sorry to have to sit up here and re- making sure Americans who are dili- deterring business investment.’’ mind you, 85 percent of the land con- gent in looking for work don’t run out A July 2011 Wall Street Journal survey of trolled by the Federal Government, of employment benefits. But that’s not business economists found that the ‘‘main rea- highest unemployment rate in the Na- what we’re doing. This is not only the wrong bill, it’s son U.S. companies are reluctant to step up tion, highest foreclosure rate in the the wrong time. Let’s put on the floor hiring is scant demand, rather than uncertainty Nation. We are trying to generate eco- a bill that puts Americans back to over government policies.’’ nomic development, and it’s taking work and focuses on the real priorities The most recent National Federation of years to get a permit because of regu- latory regimes. There is no one that of the country. Independent Business survey of its members Mr. SMITH of Texas. Mr. Chairman, I will indicate that that is not the case. likewise shows that ‘‘poor sales’’—not regula- yield 2 minutes to the gentleman from tion—is the biggest problem. Of those report- So when we talk about this issue be- Indiana (Mr. PENCE), a senior member fore us today—and I congratulate my ing negative sales trends, 45 percent blamed of the Judiciary Committee. faltering sales, 5 percent higher labor costs, colleague from Kentucky. When we 15 percent higher materials costs, 3 percent talk about the job of Congress in an b 1440 insurance costs, 8 percent lower selling prices oversight sense, I think it is entirely Mr. PENCE. Mr. Chairman, with so and 10 percent higher taxes and regulatory appropriate that you revisit the regula- many American families struggling, costs.’’ tions that are promulgated not out of with so many Americans struggling to Small businesses reject the argument that thin air, but as a result of the statutes find work, and businesses struggling to deregulation is what they need. The Main that pass these two Houses. And to re- hire unemployed Americans, it’s time Street Alliance, an alliance of small busi- visit that point and make sure that to rein in the Federal Government. It’s nesses, observes: ‘‘In survey after survey and those regulations bear resemblance to time to rein in the avalanche of red interview after interview, Main Street small both sides of the aisles’ legislative in- tape cascading out of Washington, D.C. business owners confirm that what we really tent where they’re supported is some- and stifling our recovery. It’s time to need is more customers—more demand—not thing we ought to guard zealously; be- enact the Regulations from the Execu- deregulation. Policies that restore our cus- cause, the last time I checked, the Fed- tive in Need of Scrutiny Act of 2011, tomer base are what we need now, not poli- eral-elected officials in the executive the REINS Act.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19120 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 I rise to commend the gentleman wood Boehlert of New York, who said If we want to help small businesses from Kentucky, Congressman GEOFF the House is moving forward with bills grow, if we want to grow jobs, if we DAVIS, for his visionary and tireless ef- that would cripple the regulatory sys- want to help our economy get going forts in moving the REINS Act to the tem, but they show how far a party en- and jump start it, we need to remove floor today and for his leadership in thralled by its right-most wing is will- that cloud of uncertainty that is hang- this Congress. ing to veer from what has long been ing over the heads of small and me- You know, small businesses are the the mainstream. dium-sized businesses in that regu- lifeblood of our economy. They rep- I’ve got deep problems with this latory environment. resent 99.7 percent of employer firms, crazy idea that we should have Con- I want to thank my colleague from and have generated 65 percent of net gress sign off on every regulation. But Kentucky for his leadership in leading new jobs over the past 17 years. Yet my biggest problem, Mr. Chairman, is this reform. I ask for its passage. today, as most American small busi- that we’re standing here today talking Here’s an example of a proposed guideline nesses know, our job creators are sad- about this. I hear endlessly about the that is of particular concern to me. The FTC, dled with too many regulations and too uncertainty associated with these reg- the Department of Agriculture, the FDA, and many regulatory authorities. Accord- ulations. Mr. Chairman, I was shocked the CDC have a proposal which seeks to re- ing to the Small Business Administra- to look at my schedule tomorrow to strict advertising, marketing and sales of food tion, the average small business faces a see that the Republican majority is products. As drafted, it would affect 88 of the cost of $10,585 in Federal regulation per sending me home. And I’m going to top 100 most consumed food and would have employee each and every year. The talk to people in Connecticut tomor- devastating effects. If this were to go through, REINS Act will address that. It will row who are uncertain if after next one study estimates it could affect more than protect jobs and promote small busi- month they’re going to have unemploy- 74,000 jobs in the first year alone. ness growth by ensuring that the legis- ment insurance available to them be- Mr. CONYERS. Mr. Chairman, I am lative branch has the final say on cause they don’t have a job and they pleased to yield 2 minutes to the dis- major regulations before they take ef- don’t have money. And they may not tinguished gentlelady from Colorado, fect. have food on their table. DIANA DEGETTE, who serves on the En- This legislation reforms the rule- Small businesses and an awful lot of ergy and Commerce Committee. making process by requiring that Con- Americans with jobs in my district are Ms. DEGETTE. Mr. Chairman, do we gress approve any regulation that uncertain about whether they will see really want to bind Congress to more would have an annual economic impact an extension of the payroll tax that we votes so we can play Monday morning of $100 million or more. For too long, passed in bipartisan fashion. quarterback for the executive branch Congress has delegated its legislative Except we’re here talking about this, every time it tries to finalize a rule? authority to unelected bureaucrats and a fraudulent idea followed by a terrible Don’t we have enough gridlock around agency officials to determine the rule- legislative proposal, instead of dealing here? making process. It’s time to bring that with the imminent expiration of unem- Look around. The REINS Act would authority back into the Congress ployment insurance and payroll tax. grind our government to a halt and where the Framers of the Constitution Let’s talk about those things. Let’s re- stymie the implementation of regula- intended it to be, especially with re- move the uncertainty for the people we tions to protect consumers and protect gard to major rulemaking. represent. We represent people who public health and well-being. The American people are hurting. have a lot of uncertainty about wheth- Now, look, this bill would add a feed- The American economy is struggling. er they’ll have unemployment insur- back loop to require Congress to ap- It’s time to rein in Big Government ance or the payroll tax cut. Let’s deal prove major rules that it has already and release the inherent power of the with that. specifically directed an agency to pro- American economy. Again, I urge my Mr. SMITH of Texas. Mr. Chairman, I mulgate. What we really need are colleagues to join with me in a bipar- yield 11⁄2 minutes to the gentleman smart people and streamlined regula- tisan fashion, I hope and trust, in sup- from Minnesota (Mr. PAULSEN), a mem- tions regardless of which party is in port of this important legislation. ber of the Ways and Means Committee. charge of Congress. Mr. CONYERS. Mr. Chairman, I am Mr. PAULSEN. I thank the gen- In 2010 alone, Federal agencies final- pleased to yield 2 minutes to a member tleman for yielding. ized important rules related to energy of the Financial Services Committee, I rise as a cosponsor and a strong efficiency, community disaster loans, the gentleman from Connecticut, the supporter of the REINS Act. This is weatherization assistance for low-in- Honorable JIM HIMES. legislation that will bring forward re- come people, truth in lending, and bet- Mr. HIMES. I thank the ranking form, accountability, and transparency ter pay for teachers. All of those rules member. to the Federal rulemaking process. You would be considered major rules under Mr. Chairman, I rise this afternoon, know what, it’s time for Congress to the REINS Act, and all of those rules as I frequently do in this Chamber, a act more like a board of directors would have required congressional ap- little incredulous at what it is that I’m where we will have to oversee proposed proval. Good luck there with this Con- hearing. I’m hearing stories about east rules and regulations, especially those gress. Texas. I’m hearing about lattes, and that have a significant economic im- Who would oppose final approval of I’m hearing that the number one rea- pact. This bill will absolutely force ac- these rules that protect everyday son American businesses are not hiring countability. It allows regulations to Americans? Well, based on the track is because of regulations. It’s baloney. go forward, but it’s also going to force record of the 112th Congress, some spe- There’s not a fact in there. Congress to analyze, to pay attention, cial interest group would find a way. In Here’s some facts. I wish I had more and then finally to act. fact, the REINS Act would allow spe- time to get into these facts. The Bu- So no longer are we going to see cial interests a back-door entrance to reau of Labor Statistics, which studies agencies and unelected bureaucrats have their way and weaken laws that this stuff, asked businesses that have being able to promulgate these rules protect the American people. been laying people off, why? Regula- and regulations without having an ap- Mr. Chairman, we all know standing tions was a negligible answer. propriate check and balance. There are here today this bill won’t become law; I would love to talk about Bruce thousands and thousands and thou- and the majority knows it, too. Why? Bartlett, financial adviser to President sands of these rules and regulations in Because it’s a bad idea. Reagan, Republican, who said that the the pipeline, and over 200, 224 specifi- In these last days of the year, what notion that regulation is why this cally, that have that major economic we should be doing is finding a way to economy is on its back was just plain impact threshold that would be af- help the millions of unemployed Amer- made up. fected by the REINS Act. That’s a cost icans who are looking for a job by ex- If I had more time, I would like to of over $22 billion, at a minimum, to tending their unemployment insur- talk about our former colleague, Sher- the economy. ance. We should be helping middle

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19121 class Americans by helping extend anti-environmental Congress in history nesses, and to create jobs. In fact, just their payroll tax cuts so that they can in a tragic refutation of Republicans’ last night during a town hall, one of pay for the food and everything else heretofore historic commitment to my constituents, Gallus Obert, la- they’re putting on their table. That’s conservation and public safety. mented at the fact that new and bur- what the focus of this Congress should The REINS Act, like the Regulatory densome regulations have driven small be, not passing ill-conceived legislation Accountability Act passed last week, businesses—and with them, jobs—from that will only slow down the process has a poetic finality as it would block Bristol Township in Bucks County. even more. any and all progressive regulations This should come as no surprise to Mr. SMITH of Texas. Mr. Chairman, I largely the legacy of Republican Teddy any of us. Even President Obama ad- yield 11⁄2 minutes to the gentleman Roosevelt. Under Teddy Roosevelt’s ad- mitted on January 18 that his adminis- from New York (Mr. GIBSON). ministration, in response to appalling tration’s rules have placed unnecessary Mr. GIBSON. I thank the chairman. food processing conditions described in strain on businesses and stifled innova- I rise today in strong support of the Upton Sinclair’s ‘‘The Jungle,’’ Con- tion and stifled job growth. REINS Act. This bill is about rep- gress reacted and passed the first com- Today, small businesses spend more resentative democracy, transparency, prehensive food safety regulation. One than $10,000 per employee to comply and accountability. The concept is sim- hundred years later, the REINS Act, on with Federal regulation. Compliance ple: any new proposed regulatory rule the floor today, would block even the leads to higher consumer costs, lower written by the Federal bureaucracy most commonsense regulations which wages, and reduced hiring. At the same that has an estimated economic impact Congress mandated just last session— time, the number of new rules and reg- greater than $100 million must first new standards to protect Americans ulations continues to grow with each come here before the Congress for an from deadly contamination by Chinese passing year. Just as our Tax Code is in up-or-down vote before implementa- and Mexican imported foods. The need of reform, so is our ballooning tion. REINS Act is a worthy piece of legisla- regulatory system. The REINS Act will To get our economy moving, to cre- tion for those among us who actually provide the American people with both ate jobs, to strengthen the jobs we believe that Chinese factory farms congressional oversight and congres- have now, and to raise the standard of should ship contaminated, uninspected sional accountability for regulations living of all, we need to address the im- food directly to American dinner ta- stemming from legislation. pediments to growth—taxes, regula- bles. Mr. CONYERS. Mr. Chairman, I am tions, health care costs, and energy President Teddy Roosevelt used the pleased to yield 3 minutes to the costs. The simple truth is Federal regu- Antiquities Act, written by a Repub- former chairman of the Education and lations have increased the cost of doing lican Congressman, Congressman Labor Committee, the gentleman from Lacey of Ohio, to protect the Grand business and contributed to job loss California, the Honorable GEORGE MIL- Canyon—and thank God they did— and stifled new job creation. Even the LER. President has acknowledged this when when Congress at that time refused to Mr. GEORGE MILLER of California. he appeared in this Chamber to speak designate it as a National Park. The I want to thank the ranking member to the American people. REINS Act would prevent Federal land for yielding. management agencies from issuing reg- b 1450 ulations to protect America’s greatest The legislation before us today would According to the Small Business Ad- places from degradation by mining and really destroy the ability of the Con- ministration, Federal regulations cost off-road vehicles. gress to create new regulations, to cre- our economy $1.75 trillion a year. The REINS Act also would block all ate laws to protect the health and safe- This negative impact is something regulations issued subsequent to Teddy ty of the American citizens. It would small business owners, including farm- Roosevelt’s administration, including also provide a great second bite at the ers, have told me time and again as I such landmark bills as the Clean Air apple for every special interest in this have traveled across the 137 towns in Act, the Clean Water Act, the Wagner country that doesn’t like the regula- my district. Something must be done. Labor Relations Act, and the Occupa- tions to protect clean water and safe It really comes down to judgment. We tional Safety and Health Act. Along drinking water and the health and safe- want to get these key decisions right. with the Regulatory Accountability ty of our workers and our children at It’s about balancing competing prior- Act, which the House approved last play. ities. In the process, certainly we want week, the REINS Act is the most com- If you’re wondering what it would to hear the advice of our subject mat- prehensive, radical assault on Amer- look like when we wipe out the health ter experts in the bureaucracy, but the ican safety and public health in the and safety protections for Americans, decision should fall to the people’s rep- last century. you need to look no further than the resentatives who can be held account- If REINS passes, it will replace the Upper Big Branch Mine in West Vir- able to them, not unelected, faceless rule of law with the rule of the jungle. ginia, where an explosion ripped bureaucrats. Our friends on the other side know full through the mine and killed 29 miners It’s far past time for some trans- well that in commonsense language in April of this year. That mine was op- parency and accountability. It’s far they have masked the inability of the erated as if there were no safety regu- past time for the REINS Act. I’m proud Federal Government ever again to lations. They treated their workers as to be an original cosponsor of this bill, issue commonsense regulation to pro- if there were no mine safety rules at all and urge my colleagues to join me in tect public health and safety in this because they overruled all of those reg- voting for it. country. And that would be a tragedy. ulations through criminal activity, Mr. CONYERS. Mr. Chairman, I am Mr. SMITH of Texas. Mr. Chairman, I through illegal activity, and those pleased to yield 21⁄2 minutes to the gen- yield 1 minute to gentleman from miners were forced to work with essen- tleman from Virginia, a member of the Pennsylvania (Mr. FITZPATRICK). tially none of the value of health and Government Oversight Committee, Mr. Mr. FITZPATRICK. I thank the safety regulations designed to protect GERRY CONNOLLY. chairman. their lives. Mr. CONNOLLY of Virginia. I thank Over the past year, I’ve met with And what happened in that mine my good friend from Michigan. hundreds of businesses throughout the without those regulations and without Mr. Chairman, for the 173rd time this Eighth District of Pennsylvania, and the benefit of those safety protections? year our friends on the other side have from each of them I’ve heard a common An explosion ripped through that mine, brought another anti-environmental, theme: uncertainty from constant new traveling 2,000 feet per second, and it anti-public health bill to the floor. For government regulation is impeding consumed the lives of 29 miners. Twen- good reason, this House majority has their ability and willingness to invest ty-nine workers died, and their fami- been identified as the most stridently in our economy, expand their busi- lies will never be the same.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.000 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19122 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 That’s what happens when you take to new regulations, which will cost extending the payroll tax cut and un- away the basic worker protections in- businesses and the consumer over $100 employment insurance benefits. We tended to make our economy function million each. I think the American shouldn’t be leaving hardworking and to keep our workers safe. And people would be very surprised if they Americans high and dry over this holi- that’s what this bill on the floor today thought the Congress did not already day season without doing their work. would do. act on legislation and laws that would This challenge poses a question: Why Now it’s even more interesting that cost our economy that much money. are we here? Republicans have chosen the man who broke the laws, created We’ve heard estimates today by the to be here for massive tax cuts for peo- that system of no regulations for the SBA that rules and regulations cost ple making over $1 million a year—not miners in the Upper Big Branch Mine small businesses almost $2 trillion a having $1 million; making over $1 mil- for his own personal benefit and the year, and anywhere from $8,000 to lion a year—300,000 Americans. Demo- benefit of that of the corporation and $10,000 per employee. We have so many crats are here for the 160 million Amer- at the expense of his workers, may be thousands and thousands of laws and icans facing tax cut uncertainty be- getting back into the mining business. rules and regulations on the books cause of Republican inaction. But Donald Blankenship got an $86 million today, Mr. Chairman, that they Democrats are here for everybody, for ‘‘golden parachute’’ after 29 mine haven’t even designed a computer that all Americans, because we all benefit workers died in West Virginia. And can keep up with them, much less a from a strong middle class with de- now he wants to open a new mine. Peo- human being. People are out there mand injected into our economy to cre- ple who live in coal-mining States like every day violating laws that they ate jobs. Kentucky should be aware that a serial didn’t even know were in existence. Indeed, if we fail to act now on the payroll tax cut and unemployment in- violator of basic mine safety laws is b 1500 coming to your State soon seeking to surance, consider the consequences of The thousands and thousands of rules that reduced demand to our economy. operate a mine. Mine companies under and regulations that we have today his leadership have engaged in dan- At least 600,000 jobs will be lost. Don’t make it more difficult to run and take it from me. Respective inde- gerous and deadly practices that would maintain a business than at any other pose a threat to mine workers in your pendent economists have stated that. time in this country’s history, and Over 6 million out-of-work Americans State. they’re the cause of why so many small In the 2 years preceding the explosion would lose assistance in the beginning businesses and medium-size businesses of the Massey Company mines, they of next year. are going under or being forced to Now, consider if we do act—and act were cited over 10,000 times a year for merge and why the big keep getting we must—putting more than $1,500 in violations. Under this provision, the bigger in almost every industry. the pockets of the typical middle class coal mines come into Congress, they The REINS Act is a very modest at- family. And every dollar invested in get the regulations, they cease to exist, tempt to end Washington’s almost un- unemployment insurance yields a re- and they can go on their way, and checked regulatory power. And it turn of more than $1.50 in economic there won’t be 10,000 citations for the would apply only to regulations which growth. What’s important about that is violation of occupational health and cost over $100 million annually, so what it does to inject demand into the safety to protect those miners, and there is nothing even close to being economy. other miners will lose their lives like radical about this bill. Money in the pockets of hardworking those in the Upper Big Branch Mine. I hope my colleagues will join me in Americans, that’s what we want this I say to my colleagues in this House, supporting this bill, this very moderate Congress to pass, instead of being so you must defeat this incredibly offen- and reasonable bill. completely wedded to the idea that if sive bill for every American, and you Mr. CONYERS. Mr. Chairman, I am we give tax cuts to the top 1 percent must do so in the name of these 29 honored at this time to recognize the there will be a trickle-down effect. It mine workers who were killed in the former Speaker of the House, the lead- hasn’t happened. Upper Big Branch Mine in West Vir- er, the gentlewoman from California, As we approach the end of this year, ginia. They died because a ruthless the Honorable NANCY PELOSI. Congress has a responsibility to ad- mine owner gamed the system. Let us The CHAIR. The gentlewoman from dress America’s top priority—job cre- not have them game the system in the California is recognized for 1 minute. ation and economic growth. It’s time Congress of the United States. Ms. PELOSI. Thank you, Mr. Chair- for us to put the interests of working Mr. SMITH of Texas. Mr. Chairman, I man. people ahead of the special interests. yield 2 minutes to the gentleman from I rise today to oppose this bill, the We must act now to reignite the Amer- Tennessee (Mr. DUNCAN). so-called REINS Act, and to urge my ican Dream and build ladders of success Mr. DUNCAN of Tennessee. Mr. colleagues to act now on behalf of jobs for anyone willing to work hard and Chairman, I rise in strong support of for America’s workers. Jobs are the play by the rules, to remove obstacles this bill, and I thank the gentleman lifeblood of our economic growth and of participation for those who wish to from Texas, Chairman SMITH, for yield- that of the middle class, which is the do that. We must spur our economy, ing me this time and I commend both backbone of our democracy. put people to work, and strengthen our him and the gentleman from Kentucky Mr. Chairman, for more than 330 days middle class. (Mr. DAVIS) for bringing this bill to the the Republican majority has failed to Now, we should not go home for the floor to us at this time. put forward a clear jobs agenda, choos- holidays without passing the middle in- Thomas Donohue, president of the ing instead to propose initiatives that come tax—the payroll tax cut and un- U.S. Chamber of Commerce, in his undermine job creation and only ben- employment insurance and SGR. And speech to the Jobs Summit a few efit the special interests. Today, as we there are other issues that need to be months ago said, ‘‘Taken collectively, approach the end of this year, Repub- addressed that affect America’s great the regulatory activity now underway licans have again refused to vote to ex- middle class. is so overwhelmingly beyond anything pand the payroll tax cut for the middle Mr. Chairman, Christmas is coming; we have ever seen that we risk moving class and unemployment benefits for the goose is getting fat; please to put a this country away from a government those who have lost their jobs through dollar in a worker’s hand. of the people to a government of regu- no fault of their own. They risk the I urge my colleagues to vote ‘‘no’’ on lators.’’ economic security really of all of us— this REINS Act and to get to work to I want to straighten out one thing, certainly the 99 percent—but we’re all extend the payroll tax cut and unem- Mr. Chairman. This bill does not do in this together, as our President has ployment insurance for the American away with any of the thousands and said. people. Only then will we increase de- thousands of laws and regulations that Democrats have been clear: We must mand in our economy, create jobs, pro- are already on the book. It applies only not go home for the holidays without mote economic growth, and put money

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In 2010 alone, the Federal Govern- strengthening the middle class, which b 1510 ment issued 3,200 new regulations and is the backbone of our democracy. We rules. That’s roughly nine rules per can’t go home without the payroll tax Forty years ago, when I was a single day. Complying with all these regula- cut and unemployment benefits for all mother raising three young children— tions costs small business owners, as Americans who need them, who have my children were 1, 3, and 5 years old— was mentioned, an estimated $10,500 lost their jobs through no fault of their I was lucky enough to have a job; so I per employee each year. At a time own. didn’t need unemployment benefits. when we are trying to create jobs, we Mr. SMITH of Texas. Mr. Chairman, I But I did need Aid for Families With need to have better accountability and yield 1 minute to the gentleman from Dependent Children just to make ends transparency in Congress for the regu- Ohio (Mr. JOHNSON). meet. My family needed the compas- latory burdens the Federal Govern- Mr. JOHNSON of Ohio. I thank the sion of the government and my fellow ment places on businesses as we try to gentleman for yielding. citizens just to survive. Without that rejuvenate our economy. I rise in strong support of H.R. 10, the safety net, I don’t know what we would The REINS Act is a commonsense REINS Act, because America’s job cre- have done. measure that would do just that, giv- ators are buried in red tape and need We cannot abandon people who have ing workers and small business owners certainty from the Federal Govern- been victimized by this sluggish econ- and others a voice in the process of ap- ment in order to create jobs. This bill omy. These are proud people, who proving regulations that will ulti- would provide that. aren’t just willing to work; they’re des- mately affect their jobs, their families, You know, when I travel up and down perate to work. There are roughly five and their communities. This legisla- eastern and southeastern Ohio, I hear a unemployed Americans for every avail- tion would make sure that job creators recurring theme from the businesses able job. These folks need a life pre- don’t have to worry about unelected that I meet with: Government over- server. bureaucrats imposing regulations on regulation is strangling their ability to Extending unemployment benefits is them without the approval of their hire new employees, expand their busi- not just a moral imperative. It will elected Representatives. nesses, innovate, and compete. pump life back into the economy. It I urge my colleagues to support this Today it costs a business over $10,000 will give people money for their pock- legislation. per employee just to comply with cur- ets that they can spend in their local Mr. SMITH of Texas. Mr. Chairman, I rent Federal regulations. This adminis- communities and in the shops and gro- yield the balance of my time to the tration that claims it believes in re- cery stores and other businesses that gentleman from Georgia (Mr. KING- ducing the burden on small business is they will inhabit and support if they STON). in the process of adding another $67 bil- have some money in their pockets. The CHAIR. The gentleman from lion worth of new regulations this year And I can’t believe that there are Georgia is recognized for 2 minutes. alone. some on the other side of the aisle who Mr. KINGSTON. I thank the Chair- This administration is burying small have been resisting this extension, man. businesses, and enough is enough. The sticking their finger in the eye of job- The REINS Act provides powerful, REINS Act will simply return control less Americans, while protecting lavish commonsense regulatory reform. It of the regulatory process to the Amer- tax cuts for millionaires and for bil- reins in the costly overreach of Federal ican people, who are fed up with lionaires. That flies in the face of com- agencies that stifles job creation and unelected bureaucrats stopping job cre- mon sense and does violence to the slows economic growth. ation and delaying true economic re- very values of who we are as American If we want to have jobs, we have to covery. people. help the job creators. This bill restores I strongly urge my colleagues to sup- One Republican Member even said the authority to impose major regula- port this legislation. just recently that, and I quote him, he tions on those who are accountable to Mr. CONYERS. Mr. Chairman, I yield said, ‘‘Congress ought to concentrate the voters, their elected Representa- the balance of my time to our final on paying people to work, not paying tives in Congress. speaker, Representative LYNN WOOLSEY people not to work.’’ Except his party Opponents of the bill resist it for two of California, who is finishing out a hasn’t lifted a single finger to do a sin- primary reasons. They say, number brilliant career. gle thing about creating jobs in this one, it takes too much time for Con- The CHAIR. The gentlewoman from country. You can’t pay them to work gress to approve or disapprove major California is recognized for 41⁄2 min- when there is no work. regulations. Secondly, they say Con- utes. So I ask you, having experienced gress isn’t expert enough to understand Ms. WOOLSEY. I thank our great what it means to have little kids that whether major regulations should be ranking member for allowing me this depend on you during hard times, I ask approved or disapproved. Both objec- time. you, do not let these families down. Ex- tions amount to one thing: their belief It is ironic; we’re here today debating tend unemployment benefits. Pass a that Congress cannot be responsible a bill supported by those in the Con- big, bold jobs bill. Put Americans back and accountable for major decisions gress who won’t cut taxes for the mid- to work, and stop wasting time on the that affect America’s economic life. dle class, but won’t budge when it REINS bill. Fortunately, the Framers of the Con- comes to making permanent the tax Mr. SMITH of Texas. Mr. Chairman, I stitution saw things differently, and so cuts for the very wealthy. yield 1 minute to the gentleman from do most Americans. The Constitution Why are we not here today talking Pennsylvania (Mr. GERLACH), a member gives Congress the Federal authority about extending the payroll tax cuts? of the Ways and Means Committee. to regulate the economy, not the Why are we not here talking about ex- Mr. GERLACH. I thank the chair- unelected bureaucrats. If the Constitu- tending employment benefits? Why are man. I also want to thank Congress- tion gives the authority to Congress, we not working on a jobs bill? That’s man DAVIS of Kentucky for his great then Congress should be willing to ac- what we should be doing. leadership on this important legisla- cept the responsibility and the ac- This Congress cannot—and I echo the tion. countability for these decisions. words of our leader. This Congress can- While our small business owners are We should and we will take the time. not leave for the holidays without en- focused on meeting payroll, and their We should and we will hold hearings.

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There is in place today a court from the Republicans that has gained the failure to consider the costs and the of appeal for bad regulations. That process is most traction is that regulations from Wash- benefits when it imposes major new called the Congressional Review Act, and it ington are ‘‘job killers,’’ and that these agen- regulations. This administration clear- provides expedited consideration by Congress cies must be stopped before they kill more ly intends to force through the regu- of a measure to veto an offending rule. If jobs again. latory process things that they cannot Members of Congress have issues with regu- But this is a lie. David Brooks, a very con- achieve in the people’s Congress. They latory overreach by an agency, there is a con- servative columnist, assessed these issues do not want the transparency. They do stitutional remedy in place today to stop that this week in the New York Times: not want the constituent input, and agency. Moreover, Congress can pass limits Over the past 40 years, small business lead- they do not want to have the hearings on the agency funding to curtail unwise activi- ers have eloquently complained about the where experts from all over the coun- regulatory burden. And they are right to. ties. But it’s not clear that regulations are a try can give balanced testimony. But that is not enough for the House Repub- major contributor to the current period of The American people struggle enough licans. They want to cripple the Executive slow growth. under the Obama administration’s Branch and its regulatory agencies altogether. The Bureau of Labor Statistics asks com- failed economic policy. It’s time for They do so in this bill, by changing the burden panies why they have laid off workers. Only Congress to say, Enough. of proof in the ability of agencies to develop 13 percent said regulations were a major fac- I urge my colleagues to vote for the and implement rules that are developed, in the tor. That number has not increased in the REINS Act. Let’s help the job creators past few years. According to the bureau, first instance, pursuant to laws enacted by roughly 0.18 percent of the mass layoffs in and vote ‘‘yes.’’ Congress. These are not rogue agencies; they the first half of 2011 were attributable to reg- Mr. HOLT. Mr. Chair, I rise in opposition to are implementing policy and directives that ulations. the so called Regulations from the Executive Congress has passed and the President has Some of the industries that are the subject in Need of Scrutiny Act. Just as the authors signed into law. of the new rules, like energy and health care, went through contortions to generate names But H.R. 10 says that no major rule can be- have actually been doing the most hiring. If with a cute acronym, so this bill is very . . . come law unless and until Congress passes— new regulations were eating into business, This misguided legislation would undermine we’d see a slip in corporate profits. We are and the President signs—a joint resolution ap- not. the ability of federal agencies to promulgate proving the specific regulation. In other words, There are two large lessons here. First, Re- and enforce safeguards that protect public nothing happens unless Congress says it is publican candidates can say they will de- health and our environment. OK—and that means nothing will happen. regulate and, in some areas, that would be a Today again the Majority is showing the Congress is an institution where we cannot good thing. But it will not produce a short- American public that they don’t think we have even pass all the individual bills funding the term economic rebound because regulations a jobs crisis in America, and that getting government by the start of the fiscal year. The are not a big factor in our short-term prob- lems. Americans back to work is not their top pri- last time that happened was in 1994, and it Second, it is easy to be cynical about poli- ority. Getting the American economy back on has happened only three times since 1948. tics and to say that Washington is a polar- track and helping to create jobs is my first, With that track record, it is not credible to as- ized cesspool. And it’s true that the interest second and third priority. Unlike the Majority, sert that Congress can process hundreds of groups and the fund-raisers make every dis- I remain committed to creating jobs imme- major rules by government agencies in a time- agreement seem like a life-or-death struggle. diately and expanding educational opportunity ly fashion. But, in reality, most people in government for all Americans. The deadlock that we see in Congress this are trying to find a balance between difficult The so called REINS Act is legislation in year will become perpetual gridlock for the trade-offs. Whether it’s antiterrorism policy search of a problem. Federal agencies cannot or regulatory policy, most substantive dis- functioning of the Executive Branch and inde- agreements are within the 40 yard lines. create rules and regulations without statutory pendent regulatory agencies. Obama’s regulations may be more intru- authority that is granted by Congress, and One suspects, in fact, that this is the true in- sive than some of us would like. They are Congress already has the ability to overturn tent of those supporting H.R. 10: to destroy not tanking the economy. agency rules. The REINS Act would require the workings of our government. And it is for H.R. 10 is a dangerous bill. It is a direct at- Congress to vote within seventy days on all this reason that I wholeheartedly oppose this tack on how our government works to protect major rules, creating an unprecedented level bill. the public interest. It is based on a completely of uncertainty for the vast number of busi- No special interest should be powerful false premise. nesses, organizations, and other entities that enough to eclipse the public interest—but this H.R. 10, a bill to veto regulations, deserves already comply with government protections bill lets the special interests who are being its own special veto by Congress and, if nec- affecting food and drug safety and air and regulated win every time. essary, by the President of the United States. water pollution. If this bill were law, all of the historic legisla- Mr. DINGELL. Mr. Chair, I rise in strong op- The REINS Act puts politics above the safe- tion we passed into law during the Obama position to H.R. 10, the REINS Act. This mis- ty and health of the American people. We presidency would be vulnerable to re-litigation guided piece of legislation would do nothing to should let the scientists and experts in the by powerful special interests as agencies work put people back to work, it would do nothing agencies develop and enforce rules like the to put into place the rules to implement those to reinvigorate the economy, and it would do Clean Air and Clean Water Acts that protect laws. Just this year alone, at risk would be nothing to rein in our debt and excessive def- all Americans from toxic air pollution and rules that prevent health insurance companies icit. Worse yet, it would serve to make our water-borne illness. I urge my colleagues to from discriminating against people with pre-ex- government even more dysfunctional. By pro- vote no on this dangerous bill. isting conditions; rules that ban the marketing hibiting all major regulations from going into Mr. WAXMAN. Mr. Chair, today, December of tobacco products to children; rules that im- effect unless Congress enacts a joint resolu- 7th, is the 70th anniversary of the brutal sneak prove toy safety and reduce lead in products; tion of approval, the REINS Act would put up attack by the Imperial Empire of Japan on and rules that require higher fuel economy a major roadblock for implementing important Pearl Harbor, which unleashed America’s in- standards for cars and reduce mercury and consumer protections, including regulations volvement in World War II. Victory over Fas- other toxic emissions from power plants. which help keep our food safe and prevent cism would come four years later. On this day These are the protections the authors of Wall Street from rascality that could bring our recalling Pearl Harbor, the House Republicans H.R. 10—and their corporate backers—want economy to its knees again. are bringing to the floor their own sneak attack to stop. Supporters of this legislation claim that the on America’s government, and how it works to I believe profoundly that government is a Obama administration’s excessive regulations protect the safety, security, health and welfare positive force that serves its people—and this are crippling our economy. However, the con- of the American people. is what H.R. 10 is really attacking. This is why servative columnist David Brooks of The New

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If overregulation is what is lationship between the three branches of gov- Emergency Deficit Control Act of 1985 (2 hampering our economy, you would expect a ernment, and our entire regulatory system, on U.S.C. § 907) (BBEDCA) in order to ensure big spike in this number. This leads Mr. its head. that any budgetary costs associated with ap- Brooks to conclude that ‘‘Obama’s regulations Our economy needs a level playing field proving or disapproving regulations authorized may be more intrusive than some of us would that protects consumers and small business by legislation are properly accounted for under like. They are not tanking the economy.’’ I from corporate and other special interests. the congressional budget process. Section would urge all members to read this column to Science-based regulation helps to create a 257 of BBEDCA defines the budgetary base- line calculated by the Congressional Budget help dispel some common myths about the stable and fair marketplace for consumers and Office and the Office of Management and impact regulations are having on our economy businesses alike. The REINS Act would fur- Budget. This amendment requires that the today. ther empower big business to challenge regu- baseline include any changes in budget au- It is important to note that Congress already lations that they disagree with regardless of thority, outlays, or receipts resulting from regu- has the authority to review regulations before the benefits to the public health and welfare. lations necessary to implement a law. Con- they go into effect. The Congressional Review This is yet another Republican attack on the sistent with this requirement, the Congres- Act of 1996 allows Congress to pass a joint American middle class intended to please their sional Budget Office and the Office of Man- resolution to overturn a regulation to block its corporate benefactors. I cannot support this agement and Budget will continue to score implementation. Additionally, all regulations legislation and I urge my fellow members to legislation that provides the legal authority to must be subject to a public comment period, join me in voting ‘‘no.’’ giving this body and members of the general promulgate implementing regulations with the Mr. RYAN of Wisconsin. Mr. Chair, I rise in budgetary implications resulting from the regu- public ample time to weigh in with their con- support of the Regulations from the Executive cerns. Given that these safeguards are al- lations. in Need of Scrutiny Act of 2011 (REINS Act), Absent this provision, CBO has indicated ready in place, it makes you wonder if the which will ensure that major policy decisions that once the REINS Act is enacted, it would supporters of the bill seek simply to kill all reg- are made by the people’s representatives in no longer score the budget authority, outlays, ulations, including those that keep pollution Congress and not by unelected bureaucrats. or receipts authorized by a statute to that stat- out of our air and water, our armed forces The bill requires that major regulations can- ute if those budgetary effects are contingent safe, our commerce uninterrupted and our not go into effect until approved by Congress. on the adoption of a major regulation. Instead, foods safe to eat. Under current law, these economically signifi- those budgetary effects would be charged to H.R. 10 is a crass attempt to stop important cant regulations go into effect without further the joint resolution approving the major regula- consumer protections by those who are fun- action by Congress. This legislation’s sensible tion. This amendment maintains the current damentally opposed to any government inter- reform has important implications for the con- law practice for scoring the original authorizing vention in the private sector. I urge all mem- sideration of legislation that authorizes regula- legislation. bers to oppose this flawed legislation, and get tions that result in mandatory spending or Mr. RAHALL. Mr. Chair, in recent weeks, back to work doing the business of the Amer- other budgetary effects. The Congressional the House of Representatives has taken up ican people—producing a balanced plan to re- Budget Office’s (CBO) longstanding policy is three major bills designed to address concerns duce our deficit, invest in our infrastructure, to score legislation providing such regulatory about executive agency overreach in regu- and put the American people back to work. authority with the full budgetary effects of im- latory proposals. Mr. STARK. Mr. Chair, I rise in opposition to I supported the first two bills—H.R. 3010, H.R. 10, the Regulations from the Executive in plementing that legislation. The rule governing consideration of H.R. 10 added a provision to the Regulatory Accountability Act, and H.R. Need of Scrutiny Act (REINS Act). It is unfor- 527, the Regulatory Flexibility Act. I believe tunate but not surprising that we are voting on the bill, titled the Budgetary Effects of Rules Subject to Section 802 of Title 5, United they would have improved the current regu- this legislation today. We are just weeks away latory approval scheme. The bills alternatively from millions of people being kicked off unem- States Code, that ensures this practice con- tinues. would have codified the use of critical cost- ployment insurance and Medicare providers benefit analyses and the consideration of less Absent this provision, CBO has indicated having their payments cut by 27% making it costly regulatory alternatives, and helped to that once the REINS Act is enacted, it would difficult for seniors to find a doctor or get ac- ensure the opportunity for additional public no longer score the budget authority, outlays, cess to care. Instead of dealing with those participation, especially in regard to small or receipts authorized by a statute to that stat- pressing issues we are voting on another ide- businesses. Both bills contained provisions ute if those budgetary effects are contingent ological Republican message bill. More false that would have helped to address the con- on the adoption of a major regulation. Instead, promises from the Republican House Leader- cerns of my State, which has felt under siege those budgetary effects would be charged to ship that jobs will miraculously appear if we in recent months by a raft of regulatory actions just eliminate rules that keep our food safe to the joint resolution approving the major regula- affecting the coal industry and emanating from eat, our air and water clean, and our cars safe tion. While this approach would maintain the the Environmental Protection Agency. to drive. principle that the legislation that actually Today, the House is considering H.R. 10, The REINS Act is aimed at making govern- causes the budgetary effects would be the Regulations in Need of Scrutiny Act. This ment less efficient and less responsive to the charged with the costs incurred, in practice it bill would require the Congress to approve all issues facing our country. The legislation would create potential problems. Because the major rules projected to cost $100 million or would make it nearly impossible for the gov- REINS Act waives all points of order against more. I believe this is, at the very least, an im- ernment to pass regulations. Any rule devel- the approval resolutions, there would be a po- practical idea, given the number of rules that oped by an agency through the extensive no- tential circumstance where new mandatory would have to be considered in the midst of tice and comment process that we currently spending or other budgetary effects would es- other legislative business. It also raises seri- use would now be forced through both houses cape Congressional budget enforcement. This ous questions about the legal status of rules of Congress, where majorities would have to provision retains the current practice of scor- promulgated by the executive agencies and affirmatively vote within 70 days or the rule ing the budgetary impact to the legislation that approved by the Congress, subjecting even would disappear. Under the REINS Act, pro- creates the rulemaking authority and ensures the least controversial rules to potential litiga- posed rules would be subject to even more new spending created by that legislation would tion in the courts. In addition, it subjects the rounds of approval in a new system biased to be fully subject to budget enforcement. Congressional schedule to the whims of the ensure that these rules fail to be adopted. I am pleased that this potential problem has executive agencies and their regulatory agen- Did any one of the Republican cosponsors been addressed, and I strongly support this ef- da. of this legislation ever take a class in govern- fort to restrain Washington’s regulatory over- But worse still, I believe such a requirement ment or civics when they were in high school? reach and create a more conducive environ- could be detrimental to the functions of gov- Passing a law requires approval of the House, ment for job creation. ernment, the certainty required by business,

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19126 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 and the stability desired for the economy. In fact they have wasted these nine months This bill before us today is unnecessary and Considering the inability of the current Con- by insisting on bringing legislation to the floor potentially harmful to the public health and gress to pass important and even popular leg- with rhetoric that would keep the fringe ele- safety. I urge my colleagues to oppose this islation, the requirements of this bill would al- ments of their party happy, but go absolutely bill. most certainly put rules, even rules supported nowhere and do absolutely nothing. Mr. BLUMENAUER. Mr. Chair, as an admin- by the business community that endorses this This is yet another bad bill, with a bad intent istrator and policymaker at the local, state, bill and rules that may be promulgated by fu- that has wasted our time. and federal levels, I have often seen the value ture Administrations more favorable to busi- The people of this country want government of common-sense regulations that save lives. ness, in complete limbo. to be there to protect their homes, their money I have also seen the challenges associated In this Congress, bipartisan efforts like the and their retirement, to keep them safe at with cumbersome regulations that can some- surface transportation reauthorization have be- work and in their neighborhoods, to provide times appear to be bureaucracy at its worst. come mired in partisan squabbles; the Federal them with access to quality health care, to en- However, in my experience, regulations tend Aviation Administration suffered a partial shut- sure that their children will have a sound edu- to be less stringent than necessary rather than down when a mere extension of its authority cation and meaningful opportunities. overly strict. While I am very open to dis- was tangled in a partisan mess. When matters I ask my colleagues to do what the people cussing how we can make regulations more of such importance to our nation, matters that are calling on us to: create jobs, extend the effective and efficient, I am extremely dis- are clearly necessary to get our country back payroll reduction and unemployment insurance appointed with the anti-regulatory agenda of on the right economic track, are sidelined in- and pay our doctors a fairer fee for their serv- the House leadership. definitely, I question whether it is wise to sub- ices; and to stop attacking these necessary Congress today considers yet another at- ject so many rules to the uncertainty of the functions of government. They not only under- tack on our government’s basic ability to en- Congressional approval process. What’s more, mine the role of government, but they are force laws that protect public health and the when one of the most stringent complaints weakening our country and making us the environment. Every major law requires en- about the current regulatory process centers laughing stock of the world. forcement by the executive branch of govern- on concerns that proposed regulations are po- They should withdraw the REIN Act, but ment, and enforcement requires agencies to litically motivated, it makes no sense to further since they won’t, we need to vote it down and write regulations that explain and make public subject them to the whims of an inherently po- get on with the important issues our fellow how that agency is going to enforce the law. litical institution. Americans want us to address. The bills under consideration by the House will So, while I support critical Congressional Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- stop the regulatory process in its tracks. Agen- oversight of executive agency rules, more sition to H.R. 10, the so-called ‘‘Regulations cies will not be able to enforce new laws or public input in the rulemaking process, better from the Executive in Need of Scrutiny complete updates to regulations as required cost-benefit analyses of the impact on busi- (REINS) Act of 2011.’’ by existing laws, such as the Clean Air Act. nesses large and small, and the consideration Federal agencies issue rules based on stat- H.R. 10, the REINS Act, requires both the of less costly regulatory alternatives, I must ues created when Congress and the President House and the Senate to vote on every major decline to support H.R. 10. enact legislation. These agencies devote regulation before that regulation can be en- Mrs. CHRISTENSEN. Mr. Chair, the REIN months and even years conducting research, forced, providing only seventy days to do it. Act is the culmination of all of the anti-regula- gathering expertise from skilled professionals, This will allow either house of Congress to ef- tion, anti-government and especially anti- and seeking public input when crafting major fectively veto any major regulation that would President Obama legislation that has been rules. Congress relies on these agencies to enforce a law already passed by Congress brought to this body since January 2009. promulgate these rules, because they have merely by taking no action. All of the political gymnastics we and the expertise in a given area. However, this bill H.R. 3010, the Regulatory Accountability White House have been put through has would require that congressional politics play a Act, adds additional requirements to the regu- made it extremely difficult for our President part in deciding complicated rules and regula- latory process and overrides standards in ex- who tried very hard to craft bipartisan solu- tions. By preventing agencies from enacting isting laws that protect public health and safe- tions to be able to pass much of his agenda. rules, this bill could undermine the ability of ty. This bill would require agencies to analyze I am glad that he is now doing whatever he agencies to protect the public’s health and not only the direct costs of regulatory can through executive orders, because yes— safety. changes, but also vaguely defined indirect our country cannot wait. Supporters of this legislation make the an- costs, as well as costs and benefits of poten- Even today, with only a few weeks before ecdotal claim that this bill is needed to stop a tial alternative rules. The bill requires agencies the deadlines, our Republican colleagues are plethora of regulations. They forget that Con- in nearly every case to use the least costly blocking extending the payroll tax to keep fam- gress currently has considerable power, even rule, instead of balancing costs and benefits ilies from losing about 1,000 badly needed the responsibility at times, to alter and influ- as required in existing laws. This standard will dollars next year, they are blocking the exten- ence federal rulemaking. Congress has the make it nearly impossible for an agency to sion of unemployment benefits which not only power under various means to review and re- regulate at all, because there is always an al- helps families, including children, but is clearly ject rules issued by executive agencies. Under ternative that could be less costly, even if the one of the best stimuli for our struggling econ- the Congressional Review Act, Congress may public at large bears the much higher cost of omy; and they are blocking even just a tem- pass a joint resolution disapproving any rule less protective rules. porary fix to cuts in fairer payments to the within 60 days of receiving the rule. If the H.R. 527, the Regulatory Flexibility Act, ex- doctors who take care of our elderly and peo- President signs the resolution of disapproval, pands the review that agencies must conduct ple with disabilities. the regulation is not implemented. Additionally, before issuing new regulations to include an But that was not bad enough, now comes it is important to note that federal agencies are evaluation of all reasonably foreseeable ‘‘indi- the REIN Act to prevent government from ful- only issuing rules to implement statutes that rect’’ costs of regulations, especially to small filling its critical role to provide services, and to have been enacted by Congress. Federal businesses. Virtually any proposed agency ac- protect the safety, health and wellbeing of agencies must adhere to the statute when pro- tion—even a guidance document designed to people of this country. mulgating a rule. Congress can also impose help a business comply with a rule—could be They claim they are doing this to get Con- restrictions on agency rulemaking through the subject to a lengthy regulatory process. The gress to do their job. Well as far as I can see appropriations process by preventing agencies additional analysis would make any change to Congress was doing their job pretty well in the from using funds to implement or enforce cer- a regulation even more difficult. There are al- recent Congresses, but that all ground to a tain rules. Congress may also revamp rule- ready more than 110 separate procedural re- halt with this one. making procedures. In addition to the Con- quirements in the rulemaking process; addi- In all of the over 9 months of this Congress gressional Review Act, Congress has enacted tional review and analysis will not improve reg- the Republican leadership has talked a lot the Unfunded Mandates Reform Act, the Reg- ulations, but merely add to delay. about jobs but done absolutely nothing to cre- ulatory Flexibility Act, and the Paperwork Re- These bills add additional steps on top of ate even one and they have held up or weak- duction Act. All of these bills reform the proce- the current process. For major regulations the ened laws that would have created the jobs dures for federal rulemaking by federal agen- process, from writing a regulation to its en- the American people need. cies. forcement, can already take four to eight

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19127 years. If Congress feels at the end of that For example, this bill would stop the rules In lieu of the amendment in the na- process that a regulation is inappropriate in that are being written now to implement the ture of a substitute recommended by any way, it already has the authority to vote to Wall Street Reform and Consumer Protection the Committee on the Judiciary, print- overturn that regulation and direct the agency Act—which will rein in reckless behavior in fi- ed in the bill, the amendment in the to start over. These bills are unnecessary. nancial markets. Important rules to implement nature of a substitute recommended by It’s time for Congress to move beyond a de- the health care law—which is already lowering the Committee on Rules, printed in the bate about repealing regulations and focus in- drug costs for seniors—would also be bill, modified by the amendment print- stead on how to make them more effective stopped. And rules relating to the recent food ed in part A of House Report 112–311, and efficient. I strongly oppose these three safety legislation and protecting clean air and shall be considered as adopted, shall be bills that do not make any changes for the bet- water would be stopped. considered as an original bill for pur- ter, but instead jeopardize important progress These rules—and the laws they are imple- pose of further amendment under the 5- on protecting health and safety. menting—were and are opposed by various minute rule, and shall be considered Mrs. MALONEY. Mr. Chair, I rise today to powerful corporate special interests. Those read. oppose H.R. 10, the Regulations From the Ex- special interests know they don’t have the The text of the bill, as amended, is as ecutive in Need of Scrutiny (REINS) Act. votes to repeal these laws—and they know follows: This bill is another instance of the Repub- the American people don’t want them re- H.R. 10 lican Majority playing politics, rather than fo- pealed. cusing on passing legislation that creates jobs, So instead, corporate special interests and Be it enacted by the Senate and House of Rep- resentatives of the United States of America in grows our economy, and protects the Amer- their allies claim that the costs of these types Congress assembled, ican people. Requiring that Congress approve of rules are too big to be worth it. SECTION 1. SHORT TITLE. all agency rules and regulations with an an- They’re wrong. This Act may be cited as the ‘‘Regulations nual economic cost of $100 million or more Even the Bush Administration recognized From the Executive in Need of Scrutiny Act of would not only handicap our government’s that the benefits of rules like these outweigh 2011’’. ability to regulate health and safety laws, it their costs. In fact, in 2008, the Office of Man- SEC. 2. PURPOSE. would also distract Congress from addressing agement and Budget—which must sign off on The purpose of this Act is to increase account- pressing issues like job creation, national se- all major rules developed by federal agen- ability for and transparency in the federal regu- curity and reducing our deficit. After an entire cies—estimated that costs to the economy for latory process. Section 1 of article I of the year in which the Republican Majority has major rules it approved were between $46 bil- United States Constitution grants all legislative demonstrated an inability to take up a produc- lion and $54 billion. These costs were far out- powers to Congress. Over time, Congress has ex- tive legislative schedule—forcing last-minute weighed by the benefits of those same regula- cessively delegated its constitutional charge votes on critical issues and not even intro- tions, which they estimated to be between while failing to conduct appropriate oversight ducing any kind of serious jobs agenda—it $122 billion and $656 billion. Imagine if the and retain accountability for the content of the laws it passes. By requiring a vote in Congress, seems ludicrous to suggest that Congress rules that are being written to implement Wall the REINS Act will result in more carefully should be spending its time nitpicking federal Street Reform had been on the books in 2005, drafted and detailed legislation, an improved agencies about enacting regulations that Con- before the financial crisis came to a head? regulatory process, and a legislative branch that gress has authorized or ordered be done. I believe our country could have reined in is truly accountable to the American people for Additionally, this bill would actually harm job rampant, out of control behavior of Wall the laws imposed upon them. creation and hurt businesses. By creating a Street, and such regulations could have saved SEC. 3. CONGRESSIONAL REVIEW OF AGENCY scenario in which regulations are proposed, our economy trillions of dollars in lost eco- RULEMAKING. and then potentially overridden, and then po- nomic growth and hard-earned retirement and Chapter 8 of title 5, United States Code, is tentially proposed yet again in a new form, college savings. Millions of people who have amended to read as follows: businesses will be forced to spend significant lost jobs could still be working. And this body ‘‘CHAPTER 8—CONGRESSIONAL REVIEW time and resources just keeping track of all could be focused on matters like improving OF AGENCY RULEMAKING the changes—decreasing their productivity U.S. education, economic competitiveness, ‘‘Sec. and bottom line. This will create uncertainty for and reducing our deficit. ‘‘801. Congressional review. businesses and harm job creation—the very Not only would this bill halt our regulatory ‘‘802. Congressional approval procedure for thing that the Republican Majority asserts that system in its tracks, but it is also unnecessary. major rules. The Congressional Review Act already gives ‘‘803. Congressional disapproval procedure for this bill will prevent. This is nothing more than nonmajor rules. blatant political posturing, as evidenced by the Congress the ability to review and disapprove ‘‘804. Definitions. fact that Congress already has the authority to of regulations if they are contrary to Congres- ‘‘805. Judicial review. review and override federal rules under the sional intent. This system ensures that the ‘‘806. Exemption for monetary policy. Congressional Review Act. laws enacted by Congress are implemented ‘‘807. Effective date of certain rules. The fact is that federal agencies need to be appropriately, while preventing the law and its ‘‘§ 801. Congressional review able to issue rules in a timely and efficient implementation from being hijacked by special ‘‘(a)(1)(A) Before a rule may take effect, the manner to protect the health and welfare of interests on a whim—and creating disruptive Federal agency promulgating such rule shall the American people and help grow our econ- uncertainty for our economy and legal system. submit to each House of the Congress and to the omy. Industries and individuals in areas from Mr. Chair, people in Hawaii are tired of Comptroller General a report containing— finance to farming rely on rulemaking and reg- these politically motivated bills. They want the ‘‘(i) a copy of the rule; ulations to facilitate their businesses, and this federal government to get to work helping to ‘‘(ii) a concise general statement relating to bill would undermine that. I urge a no vote. create jobs, protecting health and safety, and the rule; Ms. HIRONO. Mr. Chair, I rise today to ex- to do so responsibly. ‘‘(iii) a classification of the rule as a major or press strong opposition to legislation this The REINS Act also fails miserably on that nonmajor rule, including an explanation of the classification specifically addressing each cri- chamber passed yesterday, H.R. 10, the Reg- front. This legislation would require federal teria for a major rule contained within sections ulations from the Executive in Need of Scru- agencies to conduct the rigorous analysis re- 804(2)(A), 804(2)(B), and 804(2)(C); tiny (REINS) Act of 2011. quired to develop a rule—a process that can ‘‘(iv) a list of any other related regulatory ac- The REINS Act requires that both chambers take several years—only to have that rule tions intended to implement the same statutory of Congress pass a resolution approving every stopped by Congress. This is a waste of fed- provision or regulatory objective as well as the regulation with an economic impact of $100 eral resources and irresponsible at a time individual and aggregate economic effects of million or more. If Congress fails to pass such when Congress needs to focus on creating those actions; and a resolution, that regulation would not take ef- jobs and reducing our deficit. ‘‘(v) the proposed effective date of the rule. fect, and the law would go unimplemented. These are just some of the concerns I have ‘‘(B) On the date of the submission of the re- port under subparagraph (A), the Federal agen- I oppose this legislation, which would hurt with the REINS Act, and some of the reasons cy promulgating the rule shall submit to the the health, safety, and well-being of my con- that I voted against this unnecessary and ill Comptroller General and make available to each stituents and Hawaii’s communities. We can- conceived legislation. House of Congress— not let our constituents and communities down The CHAIR. All time for general de- ‘‘(i) a complete copy of the cost-benefit anal- when it comes to these vital responsibilities. bate has expired. ysis of the rule, if any;

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00034 Fmt 0688 Sfmt 6333 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19128 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 ‘‘(ii) the agency’s actions pursuant to sections ‘‘(A) in the case of the Senate, 60 session days, thereafter in order (even though a previous mo- 603, 604, 605, 607, and 609 of this title; or tion to the same effect has been disagreed to) for ‘‘(iii) the agency’s actions pursuant to sec- ‘‘(B) in the case of the House of Representa- a motion to proceed to the consideration of the tions 202, 203, 204, and 205 of the Unfunded tives, 60 legislative days, joint resolution, and all points of order against Mandates Reform Act of 1995; and before the date the Congress is scheduled to ad- the joint resolution (and against consideration ‘‘(iv) any other relevant information or re- journ a session of Congress through the date on of the joint resolution) are waived. The motion quirements under any other Act and any rel- which the same or succeeding Congress first is not subject to amendment, or to a motion to evant Executive orders. convenes its next session, sections 802 and 803 postpone, or to a motion to proceed to the con- ‘‘(C) Upon receipt of a report submitted under shall apply to such rule in the succeeding ses- sideration of other business. A motion to recon- subparagraph (A), each House shall provide sion of Congress. sider the vote by which the motion is agreed to copies of the report to the chairman and rank- ‘‘(2)(A) In applying sections 802 and 803 for or disagreed to shall not be in order. If a motion ing member of each standing committee with ju- purposes of such additional review, a rule de- to proceed to the consideration of the joint reso- risdiction under the rules of the House of Rep- scribed under paragraph (1) shall be treated as lution is agreed to, the joint resolution shall re- resentatives or the Senate to report a bill to though— main the unfinished business of the Senate until amend the provision of law under which the ‘‘(i) such rule were published in the Federal disposed of. rule is issued. Register on— ‘‘(2) In the Senate, debate on the joint resolu- ‘‘(2)(A) The Comptroller General shall provide ‘‘(I) in the case of the Senate, the 15th session tion, and on all debatable motions and appeals a report on each major rule to the committees of day, or in connection therewith, shall be limited to not jurisdiction by the end of 15 calendar days after ‘‘(II) in the case of the House of Representa- more than 2 hours, which shall be divided the submission or publication date as provided tives, the 15th legislative day, equally between those favoring and those oppos- in section 802(b)(2). The report of the Comp- ing the joint resolution. A motion to further after the succeeding session of Congress first troller General shall include an assessment of limit debate is in order and not debatable. An convenes; and the agency’s compliance with procedural steps amendment to, or a motion to postpone, or a mo- ‘‘(ii) a report on such rule were submitted to required by paragraph (1)(B). tion to proceed to the consideration of other Congress under subsection (a)(1) on such date. ‘‘(B) Federal agencies shall cooperate with the business, or a motion to recommit the joint reso- ‘‘(B) Nothing in this paragraph shall be con- Comptroller General by providing information lution is not in order. strued to affect the requirement under sub- relevant to the Comptroller General’s report ‘‘(3) In the Senate, immediately following the section (a)(1) that a report shall be submitted to under subparagraph (A). conclusion of the debate on a joint resolution Congress before a rule can take effect. ‘‘(3) A major rule relating to a report sub- described in subsection (a), and a single quorum ‘‘(3) A rule described under paragraph (1) mitted under paragraph (1) shall take effect call at the conclusion of the debate if requested shall take effect as otherwise provided by law upon enactment of a joint resolution of approval in accordance with the rules of the Senate, the (including other subsections of this section). described in section 802 or as provided for in the vote on final passage of the joint resolution rule following enactment of a joint resolution of ‘‘§ 802. Congressional approval procedure for shall occur. approval described in section 802, whichever is major rules ‘‘(4) Appeals from the decisions of the Chair later. ‘‘(a)(1) For purposes of this section, the term relating to the application of the rules of the ‘‘(4) A nonmajor rule shall take effect as pro- ‘joint resolution’ means only a joint resolution Senate to the procedure relating to a joint reso- vided by section 803 after submission to Congress addressing a report classifying a rule as major lution described in subsection (a) shall be de- under paragraph (1). pursuant to section 801(a)(1)(A)(iii) that— cided without debate. ‘‘(5) If a joint resolution of approval relating ‘‘(A) bears no preamble; ‘‘(e) In the House of Representatives, if any to a major rule is not enacted within the period ‘‘(B) bears the following title (with blanks committee to which a joint resolution described provided in subsection (b)(2), then a joint reso- filled as appropriate): ‘Approving the rule sub- in subsection (a) has been referred has not re- lution of approval relating to the same rule may mitted by lll relating to lll.’; ported it to the House at the end of 15 legislative not be considered under this chapter in the same ‘‘(C) includes after its resolving clause only days after its introduction, such committee shall Congress by either the House of Representatives the following (with blanks filled as appro- be discharged from further consideration of the or the Senate. priate): ‘That Congress approves the rule sub- joint resolution, and it shall be placed on the ‘‘(b)(1) A major rule shall not take effect un- mitted by relating to .’; and appropriate calendar. On the second and fourth less the Congress enacts a joint resolution of ap- lll lll ‘‘(D) is introduced pursuant to paragraph (2). Thursdays of each month it shall be in order at proval described under section 802. ‘‘(2) If a joint resolution described in sub- ‘‘(2) After a House of Congress receives a re- any time for the Speaker to recognize a Member section (a) is not enacted into law by the end of port classifying a rule as major pursuant to sec- who favors passage of a joint resolution that 70 session days or legislative days, as applicable, tion 801(a)(1)(A)(iii), the majority leader of that has appeared on the calendar for at least 5 leg- beginning on the date on which the report re- House (or his or her respective designee) shall islative days to call up that joint resolution for ferred to in section 801(a)(1)(A) is received by introduce (by request, if appropriate) a joint res- immediate consideration in the House without Congress (excluding days either House of Con- olution described in paragraph (1)— intervention of any point of order. When so gress is adjourned for more than 3 days during ‘‘(A) in the case of the House of Representa- called up a joint resolution shall be considered a session of Congress), then the rule described in tives, within three legislative days; and as read and shall be debatable for 1 hour equal- that resolution shall be deemed not to be ap- ‘‘(B) in the case of the Senate, within three ly divided and controlled by the proponent and proved and such rule shall not take effect. session days. an opponent, and the previous question shall be ‘‘(c)(1) Notwithstanding any other provision ‘‘(3) A joint resolution described in paragraph considered as ordered to its passage without in- of this section (except subject to paragraph (3)), (1) shall not be subject to amendment at any tervening motion. It shall not be in order to re- a major rule may take effect for one 90-cal- stage of proceeding. consider the vote on passage. If a vote on final endar-day period if the President makes a deter- ‘‘(b) A joint resolution described in subsection passage of the joint resolution has not been mination under paragraph (2) and submits writ- (a) shall be referred in each House of Congress taken by the third Thursday on which the ten notice of such determination to the Con- to the committees having jurisdiction over the Speaker may recognize a Member under this gress. provision of law under which the rule is issued. subsection, such vote shall be taken on that ‘‘(2) Paragraph (1) applies to a determination ‘‘(c) In the Senate, if the committee or commit- day. made by the President by Executive order that tees to which a joint resolution described in sub- ‘‘(f)(1) If, before passing a joint resolution de- the major rule should take effect because such section (a) has been referred have not reported scribed in subsection (a), one House receives rule is— it at the end of 15 session days after its intro- from the other a joint resolution having the ‘‘(A) necessary because of an imminent threat duction, such committee or committees shall be same text, then— to health or safety or other emergency; automatically discharged from further consider- ‘‘(A) the joint resolution of the other House ‘‘(B) necessary for the enforcement of criminal ation of the resolution and it shall be placed on shall not be referred to a committee; and laws; the calendar. A vote on final passage of the res- ‘‘(B) the procedure in the receiving House ‘‘(C) necessary for national security; or olution shall be taken on or before the close of shall be the same as if no joint resolution had ‘‘(D) issued pursuant to any statute imple- the 15th session day after the resolution is re- been received from the other House until the menting an international trade agreement. ported by the committee or committees to which vote on passage, when the joint resolution re- ‘‘(3) An exercise by the President of the au- it was referred, or after such committee or com- ceived from the other House shall supplant the thority under this subsection shall have no ef- mittees have been discharged from further con- joint resolution of the receiving House. fect on the procedures under section 802. sideration of the resolution. ‘‘(2) This subsection shall not apply to the ‘‘(d)(1) In addition to the opportunity for re- ‘‘(d)(1) In the Senate, when the committee or House of Representatives if the joint resolution view otherwise provided under this chapter, in committees to which a joint resolution is re- received from the Senate is a revenue measure. the case of any rule for which a report was sub- ferred have reported, or when a committee or ‘‘(g) If either House has not taken a vote on mitted in accordance with subsection (a)(1)(A) committees are discharged (under subsection (c)) final passage of the joint resolution by the last during the period beginning on the date occur- from further consideration of a joint resolution day of the period described in section 801(b)(2), ring— described in subsection (a), it is at any time then such vote shall be taken on that day.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0688 Sfmt 6333 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19129 ‘‘(h) This section and section 803 are enacted described in subsection (a), and a single quorum completed the necessary requirements under this by Congress— call at the conclusion of the debate if requested chapter for a rule to take effect. ‘‘(1) as an exercise of the rulemaking power of in accordance with the rules of the Senate, the ‘‘(c) The enactment of a joint resolution of ap- the Senate and House of Representatives, re- vote on final passage of the joint resolution proval under section 802 shall not be interpreted spectively, and as such is deemed to be part of shall occur. to serve as a grant or modification of statutory the rules of each House, respectively, but appli- ‘‘(4) Appeals from the decisions of the Chair authority by Congress for the promulgation of a cable only with respect to the procedure to be relating to the application of the rules of the rule, shall not extinguish or affect any claim, followed in that House in the case of a joint res- Senate to the procedure relating to a joint reso- whether substantive or procedural, against any olution described in subsection (a) and super- lution described in subsection (a) shall be de- alleged defect in a rule, and shall not form part seding other rules only where explicitly so; and cided without debate. of the record before the court in any judicial ‘‘(2) with full recognition of the Constitu- ‘‘(e) In the Senate the procedure specified in proceeding concerning a rule except for pur- tional right of either House to change the rules subsection (c) or (d) shall not apply to the con- poses of determining whether or not the rule is (so far as they relate to the procedure of that sideration of a joint resolution respecting a in effect. House) at any time, in the same manner and to nonmajor rule— ‘‘§ 806. Exemption for monetary policy the same extent as in the case of any other rule ‘‘(1) after the expiration of the 60 session days ‘‘Nothing in this chapter shall apply to rules of that House. beginning with the applicable submission or that concern monetary policy proposed or imple- ‘‘§ 803. Congressional disapproval procedure publication date, or mented by the Board of Governors of the Fed- for nonmajor rules ‘‘(2) if the report under section 801(a)(1)(A) eral Reserve System or the Federal Open Market ‘‘(a) For purposes of this section, the term was submitted during the period referred to in Committee. section 801(d)(1), after the expiration of the 60 ‘joint resolution’ means only a joint resolution ‘‘§ 807. Effective date of certain rules introduced in the period beginning on the date session days beginning on the 15th session day ‘‘Notwithstanding section 801— on which the report referred to in section after the succeeding session of Congress first ‘‘(1) any rule that establishes, modifies, opens, 801(a)(1)(A) is received by Congress and ending convenes. closes, or conducts a regulatory program for a 60 days thereafter (excluding days either House ‘‘(f) If, before the passage by one House of a commercial, recreational, or subsistence activity of Congress is adjourned for more than 3 days joint resolution of that House described in sub- related to hunting, fishing, or camping; or during a session of Congress), the matter after section (a), that House receives from the other ‘‘(2) any rule other than a major rule which the resolving clause of which is as follows: House a joint resolution described in subsection an agency for good cause finds (and incor- ‘That Congress disapproves the nonmajor rule (a), then the following procedures shall apply: porates the finding and a brief statement of rea- submitted by the relating to , and ‘‘(1) The joint resolution of the other House l l l l sons therefore in the rule issued) that notice such rule shall have no force or effect.’ (The shall not be referred to a committee. and public procedure thereon are impracticable, blank spaces being appropriately filled in). ‘‘(2) With respect to a joint resolution de- unnecessary, or contrary to the public interest, ‘‘(b)(1) A joint resolution described in sub- scribed in subsection (a) of the House receiving section (a) shall be referred to the committees in the joint resolution— shall take effect at such time as the Federal each House of Congress with jurisdiction. ‘‘(A) the procedure in that House shall be the agency promulgating the rule determines.’’. ‘‘(2) For purposes of this section, the term sub- same as if no joint resolution had been received SEC. ll. BUDGETARY EFFECTS OF RULES SUB- mission or publication date means the later of from the other House; but JECT TO SECTION 802 OF TITLE 5, the date on which— ‘‘(B) the vote on final passage shall be on the UNITED STATES CODE. ‘‘(A) the Congress receives the report sub- joint resolution of the other House. Section 257(b)(2) of the Balanced Budget and mitted under section 801(a)(1); or ‘‘§ 804. Definitions Emergency Deficit Control Act of 1985 is amend- ‘‘(B) the nonmajor rule is published in the ed by adding at the end the following new sub- ‘‘For purposes of this chapter— paragraph: Federal Register, if so published. ‘‘(1) The term ‘Federal agency’ means any ‘‘(c) In the Senate, if the committee to which ‘‘(E) BUDGETARY EFFECTS OF RULES SUBJECT agency as that term is defined in section 551(1). TO SECTION 802 OF TITLE 5, UNITED STATES is referred a joint resolution described in sub- ‘‘(2) The term ‘major rule’ means any rule, in- section (a) has not reported such joint resolu- CODE.—Any rules subject to the congressional cluding an interim final rule, that the Adminis- approval procedure set forth in section 802 of tion (or an identical joint resolution) at the end trator of the Office of Information and Regu- of 15 session days after the date of introduction chapter 8 of title 5, United States Code, affect- latory Affairs of the Office of Management and ing budget authority, outlays, or receipts shall of the joint resolution, such committee may be Budget finds has resulted in or is likely to result discharged from further consideration of such be assumed to be effective unless it is not ap- in— proved in accordance with such section.’’. joint resolution upon a petition supported in ‘‘(A) an annual effect on the economy of writing by 30 Members of the Senate, and such $100,000,000 or more; The CHAIR. No further amendment joint resolution shall be placed on the calendar. ‘‘(B) a major increase in costs or prices for to the bill, as amended, is in order ex- ‘‘(d)(1) In the Senate, when the committee to consumers, individual industries, Federal, State, cept those printed in part B of the re- which a joint resolution is referred has reported, or local government agencies, or geographic re- port. Each such amendment may be of- or when a committee is discharged (under sub- gions; or fered only in the order printed in the section (c)) from further consideration of a joint ‘‘(C) significant adverse effects on competi- resolution described in subsection (a), it is at report, by a Member designated in the tion, employment, investment, productivity, in- report, shall be considered read, shall any time thereafter in order (even though a pre- novation, or on the ability of United States- vious motion to the same effect has been dis- based enterprises to compete with foreign-based be debatable for the time specified in agreed to) for a motion to proceed to the consid- enterprises in domestic and export markets. the report equally divided and con- eration of the joint resolution, and all points of ‘‘(3) The term ‘nonmajor rule’ means any rule trolled by the proponent and an oppo- order against the joint resolution (and against that is not a major rule. nent, shall not be subject to amend- consideration of the joint resolution) are ‘‘(4) The term ‘rule’ has the meaning given ment, and shall not be subject to a de- waived. The motion is not subject to amend- such term in section 551, except that such term mand for division of the question. ment, or to a motion to postpone, or to a motion does not include— AMENDMENT NO. 1 OFFERED BY MR. SESSIONS to proceed to the consideration of other busi- ‘‘(A) any rule of particular applicability, in- ness. A motion to reconsider the vote by which cluding a rule that approves or prescribes for The CHAIR. It is now in order to con- the motion is agreed to or disagreed to shall not the future rates, wages, prices, services, or al- sider amendment No. 1 printed in part be in order. If a motion to proceed to the consid- lowances therefore, corporate or financial struc- B of House Report 112–311. eration of the joint resolution is agreed to, the tures, reorganizations, mergers, or acquisitions Mr. SESSIONS. Mr. Chairman, I have joint resolution shall remain the unfinished thereof, or accounting practices or disclosures an amendment at the desk. business of the Senate until disposed of. bearing on any of the foregoing; ‘‘(2) In the Senate, debate on the joint resolu- The CHAIR. The Clerk will designate ‘‘(B) any rule relating to agency management tion, and on all debatable motions and appeals the amendment. or personnel; or in connection therewith, shall be limited to not The text of the amendment is as fol- ‘‘(C) any rule of agency organization, proce- more than 10 hours, which shall be divided dure, or practice that does not substantially af- lows: equally between those favoring and those oppos- fect the rights or obligations of non-agency par- Page 25, line 18, insert ‘‘, including an anal- ing the joint resolution. A motion to further ties. ysis of any jobs added or lost, differentiating limit debate is in order and not debatable. An between public and private sector jobs’’ be- ‘‘§ 805. Judicial review amendment to, or a motion to postpone, or a mo- fore the semicolon. tion to proceed to the consideration of other ‘‘(a) No determination, finding, action, or business, or a motion to recommit the joint reso- omission under this chapter shall be subject to The CHAIR. Pursuant to House Reso- lution is not in order. judicial review. lution 479, the gentleman from Texas ‘‘(3) In the Senate, immediately following the ‘‘(b) Notwithstanding subsection (a), a court (Mr. SESSIONS) and a Member opposed conclusion of the debate on a joint resolution may determine whether a Federal agency has each will control 5 minutes.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19130 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 The Chair recognizes the gentleman Mr. CONYERS. Mr. Chairman, I rise that we believe that jobs should be pri- from Texas. in opposition to this amendment. ority number one for this United Mr. SESSIONS. Mr. Chairman, I The CHAIR. The gentleman from States Congress and for the American yield myself such time as I may con- Michigan is recognized for 5 minutes. people—not just the middle class, but sume. Mr. CONYERS. I want to merely investors and people who want to have I want to first thank, if I can, the au- start off by recognizing that some- great jobs in this country, for us to be thor of this piece of legislation, the where buried in this amendment is the competitive with the world. For us to gentleman from Kentucky, GEOFF gentleman from Texas’ recognition do that, we need to recognize that peo- DAVIS. Mr. DAVIS has distinguished that regulations could or might create ple in Washington, D.C., who probably himself among, not only our col- jobs. I want to thank him for that. wouldn’t recognize the free enterprise leagues, but also, I believe, his strong There’s no credible evidence that reg- system if they saw it put rules and reg- support of free enterprise and the peo- ulations depress job creation. Now, ulations on people; they don’t under- ple of Kentucky in doing his job, and I we’ve talked about this for 2 days. But stand the business; they don’t under- appreciate the opportunity to be here at our hearing in the Judiciary Com- stand how they operate; and they sure to help in that endeavor today. mittee, one of the anti-regulatory bills as heck don’t understand why it’s im- I believe that excessive government that we considered, we had an Amer- portant to have a free enterprise sys- regulations are a significant barrier to ican Enterprise Institute witness, tem, one which is nimble and prepared the creation of private sector jobs in Christopher DeMuth, from the conserv- and ready for competition. America today. This Congress has ative think tank that AEI is, and he I spent 16 years without missing a made job creation a priority. As a mat- stated in his prepared testimony that day of work in the private sector prior ter of fact, we had the minority leader focus on jobs can lead to confusion in to coming to Congress. During those 16 down talking just a few minutes ago regulatory debates and that the em- years, I learned firsthand about how about job creation and the priority ployment effects of regulation, while rules and regulations by the Federal that it needs to represent. And as a re- important, are indeterminate. Government and others can impede not sult, we must review regulations which I must say to my colleagues that only us and our ability to add jobs but stand in the way of not only having that is exactly the same impression perhaps more importantly, for us to be more jobs, but also the overuse of rules that I came out of my Judiciary Com- competitive. And I want to know today and regulations that prohibit and add mittee hearing with, and it’s the same those people who will support us mak- to jobs and job creation. impression that I’ve come to realize is ing sure that we look at a rule and reg- probably accurate in the debate for the b 1520 ulation and understand what the im- last few days on the floor of the House pact on jobs would be. That proposal that I believe we need itself. That’s what this vote will be. All to look at is whether the benefits out- I’m concerned about this amendment Members will have an opportunity to weigh any potential economic harm because it would add to the analytical come down to say, We think that there that might come. burdens of agencies, the speculative as- should be a consideration or should not My amendment requires the agencies sessment of jobs added or lost, and how be a consideration, at the time a rule submitting the report on a proposed many of those jobs would be added or will be written by an agency, what will Federal rule to include an assessment lost in the public and private sectors. be the impact of that rule. It would of anticipated jobs gained or lost as a For these reasons, I conclude that elude me to understand why someone result of its implementation and to this amendment would not be helpful, would not want to include that as part specify whether those jobs will come and I am unable to support it. of a cost benefit analysis. from the public or the private sector. I yield back the balance of my time. Thus, Mr. Chairman, I rest my case. This assessment would be part of the Mr. SESSIONS. Mr. Chairman, I I yield back the balance of my time. cost benefit analysis. It would be re- yield 1 minute to the gentleman from The CHAIR. The question is on the quired to be submitted to the Comp- Texas (Mr. SMITH). amendment offered by the gentleman troller General and made available to Mr. SMITH of Texas. Mr. Chairman, I from Texas (Mr. SESSIONS). each Member of the House prior to our thank my Texas colleague for yielding The amendment was agreed to. consideration of the rule. me time, and I also thank him for of- AMENDMENT NO. 2 OFFERED BY MR. JOHNSON OF I believe that what we are doing here fering this amendment. GEORGIA today is positive, not only a benefit to The bill restores to Congress the ac- The CHAIR. It is now in order to con- the country in terms of recognizing countability for the regulatory deci- sider amendment No. 2 printed in part that rules and regulations are bur- sions that impose major burdens on our B of House Report 112–311. dening our economic engine, but also economy. As Congress makes those de- Mr. JOHNSON of Georgia. Mr. Chair- we are doing something about it here cisions, one of the most important man, I have an amendment at the desk. today, and I’m very, very proud to be facts to consider is whether new regu- The CHAIR. The Clerk will designate here in support of this. lations produce jobs or destroy them. the amendment. Earlier this year, I introduced House The amendment guarantees that The text of the amendment is as fol- Resolution 72, and the House passed it when agencies submit new regulations lows: with a strong bipartisan vote in Feb- to Congress, their cost benefit analyses Page 45, line 22, insert after the first period ruary. My bill required authorizing will be made available. the following: committees in the House to review ex- The amendment also assures that ‘‘§ 808. Exemption for certain rules isting, pending, and proposed regula- agencies will specifically identify regu- ‘‘Sections 801 through 807 of this chapter, tions through hearings this year and to lations’ impact on private and public as amended by the Regulations from the Ex- report back to the House with their sector jobs. With that information, ecutive in Need of Scrutiny Act of 2011 shall findings. Congress will be in a position to deter- not apply in the case of any rule that the Di- The REINS Act today before us is an mine whether to approve the rules. And rector of the Office of Management and extension, I believe, of H. Res. 72 and is the American people will be in a pos- Budget determines will result in net job cre- an important measure to ensure that tilion to hold Congress accountable for ation. This chapter, as in effect before the the government does not compete enactment of the Regulations from the Exec- those decisions. utive in Need of Scrutiny Act of 2011, shall against the free enterprise system. And I urge my colleagues to support the continue to apply, after such enactment, to if it does, Congress should understand amendment. any such rule, as appropriate.’’. that at the time that we pass our laws. Mr. SESSIONS. Mr. Chairman, I Page 24, in the matter preceding line 10, Mr. Chairman, I ask my colleagues to yield myself the balance of my time. add after the item relating to section 807 the support this important addition. I believe that the case which we’re following new item: I reserve the balance of my time. bringing forth today to Congress is 808. Exemption for certain rules.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0655 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19131 The CHAIR. Pursuant to House Reso- which one of us has run a business and cause regulations don’t stop you from lution 479, the gentleman from Georgia which one is talking about a business. creating jobs. In actuality, they pro- (Mr. JOHNSON) and a Member opposed The reality of the regulatory impact vide cleaner air; they provide clean each will control 5 minutes. on businesses is huge. All you have to food; they provide the opportunity of a The Chair recognizes the gentleman do is ask small business owners in any roadmap so that small and large busi- from Georgia. of our congressional districts if they nesses can do their work. Mr. JOHNSON of Georgia. Mr. Chair- can get credit because of the newly im- The Clean Air Act is a shining exam- man, I yield myself such time as I may proved FDIC rules on lending. They ple. A lot of regulations came out of consume. will tell you they can’t. They can’t get the Clean Air Act. Given that the econ- I rise to support my amendment to credit because of the new regulations, omy since the Clean Air Act was passed this dangerous bill, the REINS Act. and banks are being consolidated and in 1970 under Richard Milhous Nixon, a My amendment is simple. It would are going under now. We’re finding a Republican, it shows that the economy exempt any rule that the Office of rash of environmental regulations has grown 204 percent and that private Management and Budget determines throughout the Ohio Valley. Machine sector job creation has expanded 86 per- would promote job growth from the tool operators, steel mill operators and cent. bill’s congressional approval require- other manufacturers say over and over I would ask my colleagues to join us ment, which is very cumbersome. that they will be out of business if the in supporting the Johnson-Jackson Lee The Republican majority claims that cap-and-trade carbon regulations are amendment. Let’s make it in America. job growth is its top priority, and if imposed by the EPA. These are facts. Let’s ensure there is a regulatory proc- that’s the case, then my Republican Health care right now is imposing hir- ess that exempts any regulation that friends should support this amend- ing freezes with the Affordable Care creates jobs. I ask my colleagues to ment. In reality, we all know this bill Act. support the amendment. will not create a single job, and as part Once again, there is no reason under Mr. Chair, I rise today in support of amend- of the majority’s anti-regulatory agen- any circumstances that we should ex- ment #2, that I offered along with my es- empt major regulations that do, in- da, will make it virtually impossible to teemed colleague Mr. JOHNSON, to H.R. 10 implement rules for our health and deed, have a real impact on hiring, in- Regulations from the Executive in Need of safety. vestment, job creation, and especially Scrutiny (REINS). Our amendment would ex- This bill does not fine-tune the regu- on an individual who wants to take the empt the Office of Management and Budget latory process, as the Republicans say. risk to start a business. once it is determined that the rules they offer Congress should not abdicate its au- It will do nothing but make the regu- will result in net job creation. latory process more bureaucratic and thority any longer regarding these REINS would amend the Congressional Re- impose unnecessary hurdles for the rules. We should step up to the plate view Act (CRA) and require Congressional ap- agencies seeking to enact rules that and be accountable. If we do so, jobs proval of all major rules (rules with an eco- protect our health and safety. will be created as a result. nomic impact that is greater than $100 mil- The majority has a scare tactic—that Mr. JOHNSON of Georgia. In re- lion). If Congress fails to act within 70 days is that regulations kill jobs, and that’s sponse, no, I’ve never operated a busi- the rule cannot be implemented. This change nothing but a myth. The National Fed- ness on Wall Street, and I’m not really is targeted directly at executive agencies and eration of Independent Businesses, concerned about Wall Street as Wall does nothing to create jobs. which describes itself as the leading Street has been getting all of the In other words, this bill is calling for Con- small business association representing breaks. This party, the Tea Party Re- gressional oversight of Executive branch ac- small and independent businesses, does publicans, seem hellbent on shifting tivities and functions. I have been serving as a regular survey of small businesses. everything in their direction. member of this governing body since 1995, And it found that the single most im- I yield the balance of my time to the and oversight of the Executive branch is ex- portant problem facing small busi- distinguished gentlewoman from actly what Congress does. One of the main nesses is poor sales, not regulations. Texas, SHEILA JACKSON LEE. functions of the Congressional Committees is The REINS Act would delay, if not The CHAIR. The gentlewoman is rec- 1 oversight. halt, regulations that are necessary for ognized for 1 ⁄2 minutes. the health and safety of our constitu- Ms. JACKSON LEE of Texas. I am If Congress were required to proactively ap- ents. Further, the bill would slow down pleased to join my dear friend and col- prove every federal rule, it would be extremely regulations that may actually foster league on the Judiciary Committee, time consuming. The Federal agencies of the job growth. Thus, if my colleagues on the gentleman from Georgia, in offer- Executive branch are made up of experts in the other side of the aisle are truly ing this amendment as the Johnson- their respective fields. Many of the regulations concerned about job growth, I would Jackson Lee amendment. that Federal agencies enact are very specific encourage them to support this amend- I hold a sign that, I think, speaks to and require a high level of familiarity with the ment. the gist of this amendment, ‘‘Make It minute details of certain issues. The time it I hope all of my colleagues will sup- In America.’’ A number of us have been would take members of Congress to become port this amendment because the regu- on the floor of the House on a regular adequately acquainted with each issue being lations that will help put unemployed basis talking about creating jobs and proposed by each Federal agency would cer- Americans back to work should take about making it in America. My good tainly be more productive if channeled into ef- effect without unnecessary delay. friend from Texas just passed an forts to effect the change that Americans want. I reserve the balance of my time. amendment without opposition, and I For example extending unemployment insur- see no reason why the Jackson Lee- ance, job creation, and encouraging job b 1530 Johnson or Johnson-Jackson Lee growth. Yet, here we are again wasting time Mr. SMITH of Texas. I rise in opposi- amendment cannot be accepted in the on a measure that will not help our economy. tion to the amendment. very same way. As we consider REINS, it is important that The CHAIR. The gentleman is recog- Bruce Bartlett, one of the senior pol- we not forget that federal agencies have their nized for 5 minutes. icy analysts in the Reagan and George own oversight process in place to ensure that Mr. SMITH of Texas. Mr. Chairman, I H.W. Bush administrations, observed proposed regulations are thoroughly vetted. yield 2 minutes to the gentleman from that regulatory uncertainty is a ca- For every proposed regulation, agencies are Kentucky (Mr. DAVIS), the sponsor of nard, an invented canard, that allows required to issue notice of proposed the legislation. those who use it to use current eco- rulemakings to the industry and market over Mr. DAVIS of Kentucky. Thank you, nomic problems to pursue an agenda which they regulate. Those entities then com- Mr. Chairman. supported by the business community ment on the rules, and they go through many I could not disagree with the gen- year in and year out. In other words, it rounds of changes before a final order is en- tleman from Georgia more. It’s obvious is a simple case of opportunism be- acted.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19132 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 Furthermore, rules enacted by Federal There is no credible evidence that regula- nesses, observes: ‘‘In survey after survey and agencies are subject to Congressional over- tions depress job creation. The Majority’s own interview after interview, Main Street small sight and review, and must meet standards of witness at the legislative hearing clearly de- business owners confirm that what we really judicial review. Arguably, rules and regulations bunked the myth that regulations stymie job need is more customers—more demand—not issued by Federal agencies go through just as creation. Christopher DeMuth, who appeared deregulation. Policies that restore our cus- much, if not more, review as bills considered on behalf of the American Enterprise Institute, tomer base are what we need now, not poli- and passed by Congress. a conservative think tank, stated in his pre- cies that shift more risk and more costs onto Implementing this rule would put a tremen- pared testimony that the ‘‘focus on jobs . . . us from big corporate actors . . . dous burden on Congress, and to be frank, as can lead to confusion in regulatory debates’’ I urge my colleagues to support this amend- members elected by our constituencies to rep- and that ‘‘the employment effects of regula- ment to create jobs and get our country on a resent their interests, our time could be uti- tion, while important, are indeterminate.’’ path to a strong economic future, what small lized in a much more effective manner. If anything, regulations may promote job businesses need is customers—Americans Instead of debating about oversight authority growth and put Americans back to work. For with spending money in their pockets—not wa- that Congress already has, we should be fo- instance, According to the BlueGreen Alliance, tered down standards that give big corpora- cusing on the issues that most concern the notes: ‘‘Studies on the direct impact of regula- tions free reign to cut corners, use their mar- American people, particularly, creating jobs. tions on job growth have found that most reg- ket power at our expense, and force small As our country rebounds from one of the most ulations result in modest job growth or have businesses to lay people off and close up severe economic downturns in our history, it is no effect, and economic growth has consist- shop.’’ imperative that we make decisions that will en- ently surged forward in concert with these Mr. SMITH of Texas. Mr. Chairman, I able our economy to grow and, most impor- health and safety protections. The Clean Air yield such time as he may consume to tantly, create jobs. We should be using our Act is a shining example, given that the econ- the gentleman from Kentucky (Mr. judgment in a manner that would create Amer- omy has grown 204% and private sector job DAVIS). ican jobs by comprehensively reforming our creation has expanded 86% since its passage Mr. DAVIS of Kentucky. I thank the broken immigration system. We should be in 1970.’’ gentleman for yielding. working to implement an orderly process for Regulation and economic growth can go I would point out that Gallup has re- immigration that eases the burden on employ- hand in hand. Regarding the Clean Air Act, leased a survey that shows that one in ers, improves documentation, and com- the White House Office of Management and three small business owners is worried plements our enforcement efforts to make Budget (‘‘OMB’’) recently observed that 40 about going out of business; and over- them more effective. years of success with this measure ‘‘have whelmingly, the response to this sur- Healthy market competition not only protects demonstrated that strong environmental pro- vey across the United States points to consumers, but will help our economy to pros- tections and strong economic growth go hand the uncertainty and the unpredict- per. Congress should be examining the con- in hand.’’ Similarly, the Natural Resources De- ability caused by regulations. solidation taking place in certain industries to fense Council and the United Auto Workers This bill, the REINS Act, is not ensure healthy competition is alive and thriv- cite the fact that increased fuel economy antiregulation. It is about more trans- ing. standards have already led to the creation of parency and accountability in regula- America is a free enterprise society, and more than 155,000 U.S. jobs. tion, and it is about having Congress small businesses are part of the backbone of The claim that regulatory uncertainty hurts step up to the plate. It’s important our economy, employing a vast portion of business has been debunked as political op- that we work together to restore that Americans. We should be ensuring that any portunism. Bruce Bartlett, a senior policy ana- trust and confidence in the Congress— consolidation taking place in the marketplace lyst in the Reagan and George H.W. Bush Ad- that we do our jobs, that we stand firm, does not push out small businesses and ministrations observed ‘‘[R]egulatory uncer- and that we exercise restraint over the render them unable to compete. tainty is a canard invented by Republicans executive branch so that it cannot act In the last couple of years, some sweeping that allows them to use current economic in scoring itself on whether jobs are mergers and acquisitions have taken place. problems to pursue an agenda supported by created. Just recently, it was reported that 500 jobs are the business community year in and year out. Let that be done by the Congress, being cut as a result of last year’s United-Con- In other words, it is a simple case of political which is held accountable. Let us stand tinental merger. As we face a high unemploy- opportunism, not a serious effort to deal with for the vote and be accountable to our ment rate, and Americans struggle to make high unemployment.’’ citizens. ends meet, every job counts. We should be in- Regulatory uncertainty does not deter busi- vestigating the outcomes of mergers such as ness investment. A lack of demand, not uncer- Mr. SMITH of Texas. Mr. Chairman, I United-Continental, amongst others, to ensure tainty about regulation, is cited as the reason yield myself the balance of my time. that no more precious jobs are being lost. for not hiring. The amendment carves out of the bill regu- Many of my colleagues on the other side of At a legislative hearing on regulatory reform lations that the Office of Management and the aisle have stood up here and emphasized (H.R. 3010), Professor Sidney Shapiro simi- Budget (OMB) determines will lead to net job the importance of jobs for American workers— larly noted, ‘‘All of the available evidence con- creation. especially in the context of immigration de- tradicts the claim that regulatory uncertainty is The danger in the amendment is the strong bates. However, one of the largest contribu- deterring business investment.’’ incentive it gives OMB to manipulate its anal- tors to the lack of employment opportunities A July 2011 Wall Street Journal survey of ysis of a major regulation’s jobs impacts. Far here in American is the outsourcing of jobs to business economists found that the ‘‘main rea- too often, OMB will be tempted to shade the other countries where the labor is less expen- son U.S. companies are reluctant to step up analysis to skirt the bill’s congressional ap- sive. We should be focusing our efforts on hiring is scant demand, rather than uncertainty proval requirement. ways to return outsourced jobs to American over government policies.’’ In addition, regulations alleged to create net soil. The most recent National Federation of new jobs often do so by destroying real, exist- Bottom line, Congress has a large responsi- Independent Business survey of its members ing jobs and ‘‘creating’’ new, hoped-for jobs bility. We carry on our shoulders the needs of likewise shows that ‘‘poor sales’’—not regula- associated with regulatory compliance. For ex- the American people. Our time here is valu- tion—is the biggest problem. Of those report- ample, some Environmental Protection Agency able and our work load is great. We should ing negative sales trends, 45 percent blamed (EPA) Clean Air Act rules will shut down exist- not further burden this body with the work that faltering sales, 5 percent higher labor costs, ing power plants. EPA and OMB may attempt an entire branch of government has already 15 percent higher materials costs, 3 percent to justify that with claims that more new, been commissioned to do, especially since insurance costs, 8 percent lower selling prices ‘‘green’’ jobs will be created as a result. Congress still has oversight authority. and 10 percent higher taxes and regulatory In the end, that is just another way in which For each one of us, the needs of the con- costs.’’ government picks the jobs winners and the stituents in our districts should be our priority. Small businesses reject the argument that jobs losers. And there is no guarantee that all The needs of the American people as a whole deregulation is what they need. The Main of the new, ‘‘green’’ jobs will ever actually should be our priority. Street Alliance, an alliance of small busi- exist.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19133 The REINS Act is not intended to force any analyses that they do or don’t do do Mr. SMITH of Texas. Mr. Chairman, I particular outcome. It does not choose be- not actually reflect a lot of the real- yield myself the balance of my time. tween clean air and dirty air. It does not world criteria by which American men The amendment leaves it to each agency to choose between new jobs and old jobs. and women in businesses actually oper- determine how it will conduct cost-benefit Instead, the REINS Act chooses between ate. So our goal here is to actually fol- analyses of new regulations. This is regret- two ways of making laws. It chooses the way low through on what is already exist- table. Each agency will be tempted to design the Framers intended, in which accountability ing law but to just codify it so it’s not rules that it can manipulate to claim that bene- for laws with major economic impacts rests a huge change. fits routinely outweigh costs. with Congress. It rejects the way Washington There is a little bit more to it. Right The Regulatory Accountability Act, which has operated for too long, where there is no now a lot of the independent Federal the House passed on December 2, 2011, calls accountability because decisions are made by agencies are not subject to this Execu- for agencies to follow uniform guidelines for unelected agency officials. tive order. Of course, this amendment cost-benefit analyses. This improves quality The amendment would undermine that fun- would actually codify that they should and prevents deceptive actions by rogue damental choice. be. There is no reason any Federal agencies. The amendment undercuts that ef- I urge my colleagues to oppose the amend- agency should be exempt from giving fort. ment. Americans the idea of what it’s going Similarly, under Executive Order 12866, the I yield back the balance of my time. to cost and what sort of benefit we’re President has long required agencies to follow The CHAIR. The question is on the going to get out of this at the end of uniform guidelines for cost-benefit analyses. amendment offered by the gentleman the day. The amendment undermines that requirement, from Georgia (Mr. JOHNSON). Last but not least, I think one of the too. The question was taken; and the big pieces that is very, very important I urge my colleagues to oppose the amend- Chair announced that the noes ap- to know as a veterinarian, a man of ment. peared to have it. science a little bit, are the assumptions I yield back the balance of my time. Mr. JOHNSON of Georgia. Mr. Chair- by which these cost-benefit analyses The CHAIR. The question is on the man, I demand a recorded vote. are done. That oftentimes influences amendment offered by the gentleman The CHAIR. Pursuant to clause 6 of the outcome. It’s important for the from Oregon (Mr. SCHRADER). rule XVIII, further proceedings on the agencies, the businesses and, again, The question was taken; and the amendment offered by the gentleman others in this country to look at what Chair announced that the noes ap- from Georgia will be postponed. assumptions are being made when peared to have it. these cost-benefit analyses are being AMENDMENT NO. 3 OFFERED BY MR. SCHRADER Mr. SCHRADER. Mr. Chairman, I de- done. Sometimes they deserve to be mand a recorded vote. The CHAIR. It is now in order to con- challenged, and sometimes questions sider amendment No. 3 printed in part The CHAIR. Pursuant to clause 6 of need to be raised. So I think it’s ex- rule XVIII, further proceedings on the B of House Report 112–311. tremely important that any cost-ben- Mr. SCHRADER. Mr. Chairman, I amendment offered by the gentleman efit analysis assumptions should be from Oregon will be postponed. have an amendment at the desk. made public and transparent. The CHAIR. The Clerk will designate With that, I yield back the balance of b 1540 the amendment. my time. AMENDMENT NO. 4 OFFERED BY MR. MC KINLEY The text of the amendment is as fol- Mr. SMITH of Texas. Mr. Chairman, I The CHAIR. It is now in order to con- lows: rise in opposition to the amendment. sider amendment No. 4 printed in part Page 25, line 9, strike ‘‘and’’. The CHAIR. The gentleman is recog- B of House Report 112–311. Page 25, insert after line 9 the following nized for 5 minutes. Mr. MCKINLEY. Mr. Chairman, I (and redesignate provisions accordingly): Mr. SMITH of Texas. I yield such have an amendment at the desk. ‘‘(v) a cost-benefit analysis of the rule; time as he may consume to the gen- The CHAIR. The Clerk will designate and’’. tleman from Kentucky (Mr. DAVIS). Page 26, insert after line 11 the following: Mr. DAVIS of Kentucky. I thank the the amendment. ‘‘(D) Not later than the later of January 1, gentleman for yielding. The text of the amendment is as fol- 2013 or the date that is 1 year after the date I also oppose the amendment. The lows: of enactment of the Regulations from the amendment leaves it to each agency to Page 42, line 23, strike ‘‘$100,000,000’’ and Executive in Need of Scrutiny Act of 2011, insert ‘‘$50,000,000’’. each Federal agency shall submit to Con- determine how we will conduct the gress appropriate criteria for conducting cost-benefit analyses of any regula- The CHAIR. Pursuant to House Reso- cost-benefit analyses under subparagraph tions. This is regrettable. Each agency lution 479, the gentleman from West (A)(v) for each rule for which that agency will be tempted to design rules that it Virginia (Mr. MCKINLEY) and a Member may be required to submit such an anal- can manipulate to claim that benefits opposed each will control 5 minutes. ysis.’’. routinely outweigh costs. In past ad- The Chair recognizes the gentleman The CHAIR. Pursuant to House Reso- ministrations when we’ve seen this at- from West Virginia. lution 479, the gentleman from Oregon tempt done, there was a divergence of Mr. MCKINLEY. Mr. Chairman, I rise (Mr. SCHRADER) and a Member opposed standard; there was no continuity and today to offer an amendment that each will control 5 minutes. virtually no reduction in the regula- would reduce the threshold for a major The Chair recognizes the gentleman tions or understanding of this across rule from $100 million or more to $50 from Oregon. the whole of government. million. This would ensure greater ac- Mr. SCHRADER. Mr. Chairman, I The Regulatory Accountability Act, countability. yield myself such time as I may con- which the House passed on December 2, Let’s keep this in perspective. I base sume. 2011, calls for agencies to follow uni- this amendment on legislation that has This amendment is pretty straight- form guidelines for cost-benefit anal- already been adopted by the House—in forward. The goal here is to actually yses. This improves quality, and it pre- 1995—with bipartisan support which codify some of what has been done here vents deceptive actions by rogue agen- lowered the threshold to $50 million. It just by Executive order to make sure cies. The amendment undercuts that passed with a vote of 277–141 with much Congress’ intent is actually done re- effort. Similarly, under executive order of today’s leadership who were here at gardless of what the executive branch 12866, the President has long required the time supporting it. is considering. agencies to follow uniform guidelines Also, in perspective, in fiscal year It basically codifies the cost-benefit for cost-benefit analyses. The amend- 2011, only 2.6 percent of all the rules analysis in statute that we would like ment undermines that requirement, were classified as ‘‘major,’’ and in 2010 to have. As we all know, a lot of times too. it was only 3 percent that met that cri- some of our agencies get a little over- I urge my colleagues to oppose the teria. Keep that in consideration. zealous, and some of the cost-benefit amendment. Would you be satisfied with only 2 or 3

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19134 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 percent of your food being inspected or The text of the amendment is as fol- line the regulatory process and reduce 2 or 3 percent of the aircraft which we lows: the negative effects of a bureaucracy fly? Page 45, line 22, strike the quotation on the American people and on Amer- According to the Small Business Ad- marks and second period. ican businesses. ministration, in 2008 it cost the econ- Page 45, insert the following after line 22: Ironically, however, this bill has the omy $1.75 trillion in regulations. We ‘‘§ 808. Exemption for certain rules effect of growing the regulatory proc- just went through a gut-wrenching ‘‘Sections 801 through 807, as amended by ess by effectively adding 535 of us addi- supercommittee that tried to reduce the Regulations From the Executive in Need tional regulators to the process. Each $1.5 trillion, but yet we let, every year, of Scrutiny Act of 2011, shall not apply in the Member of Congress will now have to hundreds of billions of dollars pass case of any rule that relates to the safety of perform the role of a regulator. Con- through without involvement of Con- food, the safety of the workplace, air qual- gress will be forced to review the rules gress. ity, the safety of consumer products, or and regulations regarding highly tech- Since January of this year, we have water quality. The provisions of this chap- ter, as in effect before the enactment of the nical matters currently handled by already seen 67,000 more pages of regu- Regulations From the Executive in Need of subject area experts. lation, 88 million hours, man-hours, Scrutiny Act of 2011, shall continue to apply, This technical complexity is pre- have been lost by businesses and em- after such enactment, to any rule described cisely why we have professionals in the ployers trying to respond to the regu- in the preceding sentence.’’. executive branch with subject matter latory reform. None of this has had Page 24, in the matter preceding line 10, expertise to work on these rules and congressional oversight or approval. add after the item relating to section 807 the regulations. This divide has been the Canada realizes there needs to be following new item: fundamental cornerstone of the prin- more accountability, and they require ‘‘808. Exemption for certain rules. cipal of separation of powers. all rules and regs of $50 million or more The CHAIR. Pursuant to House Reso- But Congress is intended to represent to come before their legislative body. lution 479, the gentlewoman from New the people and enact laws. The execu- Congress, having jurisdiction of only York (Mrs. MCCARTHY) and a Member tive branch is intended to implement 2 or 4 percent may be better than noth- opposed each will control 5 minutes. those laws. That implementation takes ing, but I believe America deserves bet- The Chair recognizes the gentle- the form of issuing rules, regulations, ter. We need a system of checks and woman from New York. and specific guidance on how the law balances. No wonder the American peo- Mrs. MCCARTHY of New York. Mr. will be implemented. ple have lost their confidence in Con- Chairman, I yield myself such time as The REINS Act inappropriately puts gress and the Federal Government. I’m I may consume. Congress into duties that should be hopeful that the chairman will see the I rise today to offer an amendment to carried out only by the executive issues that I have raised here today the deeply flawed bill before us right branch. Congress does have oversight and work with me on future legislation now. responsibility and a duty to monitor to correct that. Today we continue the majority’s po- implementation, but we currently have With that, I yield 30 seconds to the litically motivated attacks on regula- methods to address the problems when gentleman from Texas (Mr. SMITH). tions. For the past 2 weeks, we have they do occur, and we do not need this Mr. SMITH of Texas. I thank the gen- considered bills designed to slow down bill. The bill also will lead to confu- tleman from West Virginia for yielding and stop the regulatory process. sion, uncertainty, and more gridlock. me time. The bill before us today doesn’t tar- Thanks to the REINS Act require- I share my colleague’s desire to bring get just the rules that the majority ment that Congress affirmatively ap- more congressional scrutiny to major might like you to believe are problem- prove of every major rule, one House of regulations and appreciate his interest atic; it would hamper all rulemaking, Congress will essentially have a legis- in the subject. even those rules that are essential to lative veto over any major regulation I know that recent major regulations public health and safety. issued. have hit West Virginia and the gentle- My amendment today seeks to ad- The worst time for businesses is un- man’s constituents particularly hard. dress that issue by exempting the certainty, and the REINS Act increases The Environmental Protection Agen- REINS Act regulations relating to food it in the regulatory process. After en- cy’s major regulations that affect en- safety, workplace safety, air quality, gaging in the process of helping to ergy sources and power production are consumer product safety, or water shape the regulations through the rule- among the most troubling. quality. I look forward to continued discus- making process, citizens will have to These issue areas are too important sions with the gentleman on these and wonder what actions will Congress to be impeded by the majority’s need other issues of interest to him. take. What legislative deal-making to generate political talking points. Mr. MCKINLEY. Thank you, Mr. will occur? Will Congress approve of Chairman. I appreciate your willing- Consumers can’t be put at risk because the regulation? When will Congress ap- ness to work with me on these issues. one House of Congress can’t get its act prove the regulation? Since Congress deserves to have more together to pass food safety regula- This uncertainty keeps businesses specific numbers that have not been tions. from investing and from hiring new available from GAO and the CBO rel- Children at risk from being exposed workers. More uncertainty under the ative to lowering this threshold from to toxic substances in toys can’t wait REINS Act is the opposite of what we $100 million to $50 million, I ask unani- for 535 new regulators to weigh in— need. Congress should spend more of its mous consent, for now, to withdraw my that’s us, the Members of Congress. time thoroughly considering enacting amendment, Mr. Chairman. People getting sick from tainted water legislation. We should have the imple- The CHAIR. Without objection, the supplies shouldn’t be put further at mentation where it belongs, in the ex- amendment is withdrawn. risk by a legislative vote from one half ecutive branch. We should continue to There was no objection. of one-third of the branches of the gov- monitor implementation and exercise AMENDMENT NO. 5 OFFERED BY MRS. MC CARTHY ernment. proper oversight. And in the cases OF NEW YORK Today’s bill, the REINS Act, would where correction is needed, use the cur- The CHAIR. It is now in order to con- amend the Congressional Review Act rent legislative tools that we have at sider amendment No. 5 printed in part to prohibit a majority rule from going our disposal to address those issues. B of House Report 112–311. into effect unless Congress enacts a I do urge all of our Members to vote Mrs. MCCARTHY of New York. Mr. joint resolution of approval, specifi- for my amendment to protect the Chairman, I have an amendment at the cally approving the rule. American people. desk. This is a bizarre, backwards, and un- We don’t need more gridlock here in The CHAIR. The Clerk will designate necessary piece of legislation. The ma- Washington. That’s why everybody the amendment. jority claims to be aiming to stream- back at home is mad at everybody. We

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19135 need to go on with our work. We have for regulations will not have to pay for ecutive in Need of Scrutiny Act of 2011 shall to make sure that there is a stream- the cost of a misguided major rule not apply in the case of any rule made by the lined process so that we can get small made by people who are not account- Secretary of Homeland Security. This chap- businesses growing again, get people able to our voters. ter, as in effect before the enactment of the Regulations from the Executive in Need of back to work. That’s what the Amer- I urge my colleagues to oppose the Scrutiny Act of 2011, shall continue to apply, ican people want from all of us. amendment, and I yield back the bal- after such enactment, to any such rule, as I urge my colleagues to vote for this ance of my time. appropriate.’’. amendment. Mr. SMITH of Texas. Mr. Chair, I oppose Page 24, in the matter preceding line 10, With that, I yield back the balance of the amendment. add after the item relating to section 807 the my time. The amendment carves out of the bill es- following new item: 808. Exemption for certain rules. b 1550 sential categories of major regulations. These include all major rules on food safety, work- The CHAIR. Pursuant to House Reso- Mr. DAVIS of Kentucky. Mr. Chair- place safety, consumer product safety, clean lution 479, the gentlewoman from man, I rise in opposition to the amend- water and clean air. Texas (Ms. JACKSON LEE) and a Member ment. In many cases, these are precisely the opposed each will control 5 minutes. The CHAIR. The gentleman is recog- agency actions that impose the most costs, do The Chair recognizes the gentle- nized for 5 minutes. not produce enough benefits and do not faith- woman from Texas. Mr. DAVIS of Kentucky. Mr. Chair- fully implement Congress’ intent. Ms. JACKSON LEE of Texas. Mr. man, I yield myself such time as I may A good example is the Environmental Pro- Chairman, I yield myself such time as consume. tection Agency’s (EPA) recent proposal to I may consume. The amendment carves out of the bill control mercury emissions from coal- and oil- What America wants and what I be- essential categories of major regula- fired power plants. EPA estimated that the rule lieve is important to the institution tions. These include all major rules on would cost $11 billion annually to achieve at that we have such great respect for is food safety, workplace safety, con- most just $6 million in total mercury reduction for Members to work together. There sumer product safety, clean water, and benefits. That is a 1,833:1 cost-benefit ratio. are a number of amendments that were clean air. Most of the benefits EPA identified to justify allowed by the Rules Committee, and I In many cases, these are precisely the rule had nothing to do with the control of thank them; and the idea should be the agency actions that impose the hazardous air pollution. that these amendments improve a bill. most cost, do not produce enough bene- Proponents of regulation have nothing to It is obvious that I disagree with this fits, and do not faithfully implement fear from the REINS Act. When agencies pre- bill because I think it will literally the intent of the people’s representa- pare good major regulations, Congress will be shut down government. If you cannot tives in the Congress and in the Sen- able to approve them. This provides agencies pass simple bills that have been passed ate. with a powerful incentive to get major regula- out of the House of Representatives to A good example is the Environmental tions right the first time. the other body and they have not yet Protection Agency’s recent proposal to When an agency prepares a bad regulation, passed, we’ve finished one year of the control mercury emissions from coal however, Congress will be able to correct the 112th Congress, how do you think we and oil-fired power plants. EPA esti- agency and send it back to the drawing board. can manage what is called major rule- mated that the rule would cost $11 bil- In the end, the agency will find a way to making? Eighty different rules would lion annually to achieve at most just $6 issue a good regulation that Congress ap- have to be approved by the President, million in total mercury reduction proves. But until it does, those who must pay the House, and the Senate. Literally, benefits. That is an 1,833 to 1 cost-ben- for regulations will not have to pay for the the American people would be held hos- efit ratio. Most of the benefits EPA costs of a misguided major rule. tage. identified to justify the rule had noth- I urge my colleagues to oppose the amend- So this amendment is a cooperative ing to do with the control of hazardous ment. amendment. I think it makes the bill air pollution. Proponents of the regula- The CHAIR. The question is on the better. The reason why, we have our tion have nothing to fear from the amendment offered by the gentle- soldiers, most likely on the front lines REINS Act. When agencies prepare woman from New York (Mrs. MCCAR- of Afghanistan. On account of a hei- good major regulations, Congress will THY). nous act of terrorism on 9/11, our sol- be able to approve them. This provides The question was taken; and the diers were dispatched to defend this agencies with a powerful incentive to Chair announced that the noes ap- Nation in Afghanistan. In doing so, get major regulations right the first peared to have it. they had as their backup the Depart- time. Mrs. MCCARTHY of New York. I de- ment of Homeland Security, a Depart- Think about this from the perspec- mand a recorded vote. ment whose responsibility is to secure tive of the mercury regulation that had The CHAIR. Pursuant to clause 6 of the homeland. Simply ask the 9/11 fam- the 1,833 to 1 cost-benefit ratio. Who do rule XVIII, further proceedings on the ilies how serious it is to secure the you think is going to pay for that? The amendment offered by the gentle- homeland. mistake that is made in the arguments woman from New York will be post- My amendment would simply say saying that it’s the rich on Wall Street poned. that Homeland Security regulations or who benefit are entirely wrong. It’s AMENDMENT NO. 6 OFFERED BY MS. JACKSON regulations dealing with securing the hardworking taxpayers. It’s the middle LEE OF TEXAS homeland, making America safe, would class, the working poor, and the elderly The CHAIR. It is now in order to con- be exempt from this dilatory, long- whose utility rates will be driven sider amendment No. 6 printed in part winded process of approval. We need ur- through the roof as a result of a regula- B of House Report 112–311. gency when we speak of securing the tion that was imposed against the in- Ms. JACKSON LEE of Texas. Mr. homeland. tent of the Congress. Chairman, I have an amendment at the For example, it is well known that When an agency prepares a bad regu- desk. we deal not only with a terrorism po- lation, however, Congress will be able, The CHAIR. The Clerk will designate tential from around the world, but it is under the REINS Act, to correct the the amendment. also possible to have a catastrophic agency and send it back to the drawing The text of the amendment is as fol- event that deals with a domestic ter- board. In the end, the agency will find lows: rorist attack. a way to issue a good regulation that Page 45, line 22, insert after the first period I cannot believe that my colleagues Congress will approve. the following: would not want to act in a bipartisan It will improve the dialogue between ‘‘§ 808. Exemption for certain rules manner and, in particular, with the the executive branch and the Congress. ‘‘Sections 801 through 807 of this chapter, REINS Act that requires a voted-on But until it does, those who must pay as amended by the Regulations from the Ex- resolution of approval, otherwise the

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19136 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 security amendment does not go into ing to address that kind of, if you will, Security and Ranking Member of the Trans- place. I cannot believe that we would mishap—more than a mishap—but that portation Security Subcommittee, I am very not in a bipartisan way accept the kind of lack of communication that we concerned about any legislation that would Jackson Lee amendment. had on 9/11. hinder the Department of Homeland Security’s With that, I reserve the balance of The point I want to make is our sol- ability to respond to an emergency. my time. diers are on the front line in Afghani- The bill would add new review requirements Mr. DAVIS of Kentucky. Mr. Chair- stan. They are asking, as someone to an already long and complicated process, man, I rise in opposition to the amend- would say on the playing field, Have allowing special interest lobbyists to second- ment. you got my back? The Department of guess the work of respected scientists and The CHAIR. The gentleman is recog- Homeland Security is that Department staff through legal challenges, sparking a nized for 5 minutes. created from the Select Committee on wave of litigation that would add more costs Mr. DAVIS of Kentucky. I would Homeland Security which I was on, and delays to the rulemaking process, poten- point out, first of all, that in a na- now in the Homeland Security Com- tially putting the lives, health and safety of mil- tional emergency, the President of the mittee, to in fact provide for the secu- lions of Americans at risk. United States does have the ability to rity of the Nation. With that in mind, The Department of Homeland Security sim- enact an emergency rule. But what this I think it is untenable to think of ply does not have the time to be hindered by amendment seeks to do is shield the thwarting that process. frivolous and unnecessary litigation, especially Department of Homeland Security What we have here in the REINS Act when the safety and security of the American from Congress’s authority to approve is truly the REINS Act. It is a stran- people are at risk. regulations under the REINS Act. That glehold on moving the Nation forward According to a study conducted by the Eco- shield should be denied. on good regulations, clean air, clean nomic Policy Institute, public protections and For example, take the Department’s water, but in this instance securing the regulations ‘‘do not tend to significantly im- rule to extend compliance deadlines for homeland. I believe that having the pede job creation’’, and furthermore, over the States to issue secure driver’s licenses President, the Senate, and the House course of the last several decades, the bene- under the REAL ID Act. Ten years come together in a reasonable period of fits of federal regulations have significantly after 9/11 when hijackers used fraudu- time to approve a rule dealing with se- outweighed their costs. There is no need for this legislation, aside lent licenses to board airplanes to mur- curing the homeland while soldiers are from the need of some of my colleagues to der 3,000 innocent Americans, DHS con- on the front line defending us is an tinues to extend the deadline. protect corporate interests. This bill would atrocious position to put the securing make it more difficult for the government to Another example is the Department’s of the Nation in. 2009 rule to recall the Bush administra- protect its citizens, and in the case of the De- Let me just say this, Bruce Bartlett partment of Homeland Security, it endangers tion’s no-match rule. That regulation is a Republican. He said that the regu- helped companies to identify illegal the lives of our citizens. latory uncertainty that Republicans In our post 9/11 climate, homeland security workers and comply with Federal im- talk about is a canard invented by Re- continues to be a top priority for our nation. As migration law. When the Obama ad- publicans that allows them to use cur- we continue to face threats from enemies for- ministration issued its rule to repeal rent economic problems to pursue an eign and domestic, we must ensure that we no match, it put the interests of illegal agenda supported by the business com- are doing all we can to protect our country. immigrants above those of millions of munity year in and year out. That’s DHS cannot react to the constantly changing unemployed Americans and legal im- from a Republican. threat landscape effectively if they are subject migrants. The question is let’s separate the spe- to this bill. This is the kind of decisionmaking cial interests. The REINS Act is here. Since the creation of the Department of that takes place at the Department of They have the majority. More than Homeland Security in 2002, we have over- Homeland Security. Congress should likely it will pass. But they’re going to hauled the government in ways never done use every tool it can use to reassert its ignore our war and our fight to secure before. Steps have been taken to ensure that authority over the legislation rule- the homeland. the communication failures that led to 9/11 do making functions it has delegated to b 1600 not happen again. The Department of Home- DHS. The result will be to streamline land Security has helped push the United communication, to improve commu- Here on the front line, what are we States forward in how protect our nation. Con- nication in crisp and focused pieces of doing? We’re putting a stranglehold on tinuing to make advance in Homeland security legislation and regulation. The REINS the rulemaking that will come forward and intelligence is the best way to combat the Act is available to do that. that’s attempting to help the American threats we still face. The point of the REINS Act is ac- people. If we have to do something for The Department of Homeland Security is countability, and each Congressman the Transportation Security Adminis- tasked with a wide variety of duties under its must take a stand to be accountable tration and the security checkpoints mission. One example of an instance where for regulations that cost our citizenry and we need a rule, it’s going to be held DHS may have to act quickly to establish new $100 million or more annually. back because of this process. or emergency regulations is the protection of I reserve the balance of my time. I ask for the support of the Jackson our cyber security. Ms. JACKSON LEE of Texas. Mr. Lee amendment, and I yield back the In the past few years, threats in cyberspace Chairman, I yield myself such time as balance of my time. have risen dramatically. The policy of the I may consume. Mr. Chair, I rise today in support of my United States is to protect against the debili- I thank the gentleman for his expla- amendment #6, to H.R. 10, ‘‘Regulations from tating disruption of the operation of information nation, but I think he plays right into the Executive in Need of Scrutiny’’ (REINS). systems for critical infrastructures and, there- the reason why he should join me and This bill amends the Congressional Review by, help to protect the people, economy, and make this a bipartisan amendment. Act (CRA) to require Congressional approval national security of the United States. Frankly, I don’t think we would want of all major rules (rules with an economic im- We are all affected by threats to our cyber to throw out or delay any process of pact that is greater than $100 million). If Con- security. We must act to reduce our rulemaking dealing with securing the gress fails to act within 70 days the rule can- vulnerabilities to these threats before they can homeland. I think when the gentleman not be implemented. This change is targeted be exploited. A failure to protect our cyber was citing licenses, he was speaking directly at executive agencies and does noth- systems would damage our Nation’s critical in- 9/11. It is now 11 years, and we have ing to create jobs. Under current law Congress frastructure. So, we must continue to ensure passed a number of rulemakings that can provide oversight and disapprove of a pro- that such disruptions of cyberspace are infre- have improved securing the homeland. mulgated bill. quent, of minimal duration, manageable, and As a member of the Homeland Security My amendment would exempt all rules pro- cause the least possible damage. Committee, I’m quite aware of the mulgated by the Department of Homeland Se- Like other national security challenges in the progress we’ve made, such as not hav- curity. As a Senior Member of the Homeland post 9/11 era, the cyber threat is multifaceted

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19137 and without boundaries. Some cyber attackers particular individual.’’ When ICE favorably ex- On any given day the city of Houston and are foreign nations that utilize their military or ercises prosecutorial discretion, it ‘‘essentially cities across the United States face a wide- intelligence-gathering operations, whereas oth- decides not to assert the full scope of the en- spread and ever-changing array of threats, ers are either operating alone or are con- forcement authority available to the agency in such as: terrorism, organized crime, natural nected to terrorist groups. In addition, there a given case.’’ disasters and industrial accidents. are cyber threats that are international or do- In the civil immigration enforcement context, Cities and towns across the nation face mestic criminal enterprises. prosecutorial discretion may take the form of a these and other threats. Indeed, every day, According to the Government Accountability broad range of discretionary enforcement deci- ensuring the security of the homeland requires Office (GAO), the number of cyber incidents sions, including: focusing enforcement re- the interaction of multiple Federal departments reported by Federal agencies to US–CERT sources on particular administrative violations and agencies, as well as operational collabo- has increased dramatically over the past four or conduct; deciding whom to stop, question, ration across Federal, State, local, tribal, and years, from 5,503 cyber incidents reported in or arrest for an administrative violation; decid- territorial governments, nongovernmental orga- FY 2006 to about 30,000 cyber incidents in FY ing whether a suspect will be detained or re- nizations, and the private sector. We can 2009 (over a 400 percent increase). leased on bond; and granting deferred action, hinder the Department of Homeland Security’s The four most prevalent types of cyber inci- granting parole, staying a final order of re- ability to protect the safety and security of the dents and events reported to US–CERT dur- moval, or other alternative to obtaining a for- American people. ing FY 2009 were malicious code; improper mal order of removal. I urge my colleagues to support the Jackson usage; unauthorized access and incidents Let me be clear; prosecutorial discretion is Lee amendment in order to ensure that regu- warranting further investigations (unconfirmed not amnesty; it is done on a case by case lations that save lives that are promulgated by malicious or anomalous activity). basis to ensure that the limited resources ICE the Department of Homeland Security are not Critical infrastructure in the Nation is com- has to work with are put toward removing unnecessarily delayed by this legislation. posed of public and private institutions in the those who pose a threat to the safety and se- Mr. DAVIS of Kentucky. Mr. Chair- sectors of agriculture, food, water, public curity of the American people. Allowing ICE to man, I yield myself the balance of my health, emergency services, government, de- identify and focus on priorities strengthens im- time. fense industrial base, information and tele- migration enforcement by targeting the right I would like to reiterate that the communications, energy, transportation, bank- individuals. point of the REINS Act is account- ing and finance, chemicals and hazardous ma- Furthermore, ICE Director John Morton ability. It would not impinge, but I be- terials, and postal and shipping. issued a memorandum in March of 2011 that lieve it would actually improve our With cyberspace as their central nervous outlined the enforcement policies for the agen- ability to manage rulemaking and reg- system—it is the control system of our coun- cy. Among the priority enforcement cases ulation that relates to security, indeed. try. Cyberspace is composed of hundreds of were aliens posing a risk to national security The strongest authority in the House thousands of interconnected computers, serv- or public safety, recent illegal entrants, and of Representatives who could speak on ers, routers, switches, and fiber optic cables those who are fugitives or have a history of that very issue spoke in favor of this that allow our critical infrastructures to work. violating U.S. immigration law. bill earlier, Congressman CHRIS GIBSON Thus, the healthy, secure, and efficient func- Director Morton’s memorandum indicates from New York, who commanded a bri- tioning of cyberspace is essential to both our that prosecutorial discretion is by no means gade in Afghanistan, where that pic- economy and our national security. widespread, blanket amnesty for undocu- ture was taken, and also a battalion in In light of an attack that threatens the mented aliens; it is a law enforcement method Iraq in 2005. And I would defer to his United State’s cyber protection, Homeland Se- used by many agencies, including ICE, under authority and military experience on curity officials may need to issue emergency Republican and Democratic administrations. In that fact. regulations quickly. Attacks can be sent in- fact, prosecutorial discretion allows ICE to al- The real issue is accountability and stantly in cyber space, and the protection of locate its resources to ensure their enforce- restoring transparency and checks and our critical infrastructure cannot be mitigated ment efforts provide for the safety and security balances to the executive branch so by cumbersome bureaucracy. of the nation. Why would this rule need addi- that the American people do not have As the Representative for the 18th District of tional scrutiny? the reach of government into their Texas, I know about vulnerabilities in security And another major impact rule deals with back pockets, into their personal lives, firsthand. Of the 350 major ports in America, the U.S. Citizenship and Immigration Services into their schools, into their commu- the Port of Houston is the one of the busiest. Fee Schedule the final rule will provide DHS nities, and frankly, in northern Ken- More than 220 million tons of cargo moved with an average of $209 million in FY2010 and tucky, even into our sewer pipes, with- through the Port of Houston in 2010, and the FY2011 annual fee revenue, based on a pro- out the consent of the governed. port ranked first in foreign waterborne tonnage jected annual fee-paying volume of 4.4 million With that, I oppose the amendment, for the 15th consecutive year. The port links immigration benefit requests and 1.9 million and I yield back the balance of my Houston with over 1,000 ports in 203 coun- requests for biometric services, over the fee time. tries, and provides 785,000 jobs throughout revenue that would be collected under the cur- Mr. SMITH of Texas. Mr. Chair, I oppose the state of Texas. Maritime ports are centers rent fee structure. The increased revenue will the amendment. of trade, commerce, and travel along our Na- be used to fund the full cost of processing im- The amendment seeks to shield the Depart- tion’s coastline, protected by the Coast Guard, migration benefit applications and associated ment of Homeland Security (DHS) from Con- under the direction of DHS. support benefits; the full cost of providing simi- gress’ authority to approve regulations under If Coast Guard intelligence has evidence of lar benefits to asylum and refugee applicants; the REINS Act. That shield should be denied. a potential attack on the port of Houston, I and the full cost of similar benefits provided to For example, take the Department’s rule to want the Department of Homeland Security to others at no change. These are the sorts of extend compliance deadlines for States to be able to protect my constituents, by issuing rules that are going to be needlessly hindered issue secure drivers’ licenses under the REAL the regulations needed without being subject by this Legislation. ID Act. Ten years after 9/11 hijackers used to the constraints of this bill. Again, instead of focusing on jobs we are fraudulent licenses to board airplanes used to The Department of Homeland Security de- focusing on regulations that Congress already murder 3,000 innocent Americans, DHS con- serves an exemption not only because they has the power to review and prevent its imple- tinues to extend the deadline. may need to quickly change regulations in re- mentation if and when necessary. Another example is the Department’s 2009 sponse to new information or threats, but also There are many challenges our communities rule to recall the Bush Administration’s ‘‘no- because they are tasked with emergency pre- face when we are confronted with a cata- match’’ rule. That regulation helped companies paredness and response. strophic event or a domestic terrorist attack. It to identify illegal workers and comply with Take for example U.S. Immigration and is important for people to understand that our Federal immigration law. Customs Enforcement (ICE) which identifies capacity to deal with hurricanes directly re- When the Obama Administration issued its prosecutorial discretion as ‘‘the authority of an flects our ability to respond to a terrorist attack rule to repeal ‘‘no-match,’’ it put the interests agency charged with enforcing a law to decide in Texas or New York, an earthquake in Cali- of illegal immigrants above those of millions of to what degree to enforce the law against a fornia, or a nationwide pandemic flu outbreak. unemployed Americans and legal immigrants.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00044 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19138 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 This is the kind of decision making that we agree on the direction and approach politics of Washington and a grid- takes place at the Department of Homeland to best help and promote America’s fu- locked, hyperpartisan Congress that Security. Congress should use every tool it ture, we all agree on some things. We struggles even to extend unemploy- can to reassert its authority over the legislative all agree that the last thing we want to ment insurance in a recession or the rulemaking functions it has delegated to DHS. do is to pass legislation that will delay payroll tax to middle class people, let The REINS Act is available to do that. assistance to those veterans who have alone a credit default by something ‘‘so I urge my colleagues to oppose the amend- selflessly chosen to fight for our coun- historically difficult’’ as raising the ment. try and deserve every ounce of assist- debt ceiling. The CHAIR. The question is on the ance we can provide them when they I just think that Americans will amendment offered by the gentle- come back home. agree with me that our Nation’s vet- woman from Texas (Ms. JACKSON LEE). Veterans deserve educational oppor- erans deserve to be excluded from the The question was taken; and the tunity, rehabilitation for sometimes gridlock that this will invariably Chair announced that the noes ap- very severe disabilities, Mr. Chairman, cause. Let’s come together once more peared to have it. mental health treatment for to adopt this amendment, Mr. Chair, Ms. JACKSON LEE. Mr. Chairman, I posttraumatic stress disorder, employ- not just for the troops that need help, demand a recorded vote. ment opportunities, and housing oppor- but for the troops that will be here in The CHAIR. Pursuant to clause 6 of tunities. Delaying rulemaking author- the near future. rule XVIII, further proceedings on the ity will have dire consequences for our I reserve the balance of my time. amendment offered by the gentle- veterans. Mr. DAVIS of Kentucky. Mr. Chair- woman from Texas will be postponed. For example, Mr. Chair, one very dis- man, I rise in opposition to the amend- AMENDMENT NO. 7 OFFERED BY MS. MOORE turbing issue for me has been the high ment. The Acting CHAIR (Mr. WOMACK). It rate of suicides among our service- The Acting CHAIR. The gentleman is is now in order to consider amendment members. We can’t delay this kind of recognized for 5 minutes. No. 7 printed in part B of House Report assistance. In fact, last year there were Mr. DAVIS of Kentucky. I yield my- 112–311. more deaths among our troops from self such time as I may consume. Ms. MOORE. I have an amendment at suspected suicide than deaths from I respect my friend from Wisconsin the desk. hostile combat. with whom I have worked on numerous The Acting CHAIR. The Clerk will We’re facing an epidemic here at pieces of legislation related to child designate the amendment. home, too. A recent report from the homelessness and affordable housing; The text of the amendment is as fol- Center for New American Security but in this case I’m going to respect- lows: noted that 1 percent of the population fully disagree with the premise of the Page 45, line 22, insert after the first period has served in the military, and yet legislation, as a veteran, as a former the following: those servicemembers represent 20 per- Army Ranger, as a flight commander of ‘‘§ 808. Exemption for certain rules cent of all of the suicides in the United an assault helicopter unit in the 82nd ‘‘Sections 801 through 807 of this chapter, States. Airborne Division and who served in as amended by the Regulations from the Ex- Resources for the military are sparse. the Middle East. ecutive in Need of Scrutiny Act of 2011 shall According to a recent Veterans Health The one thing that I would say is not apply in the case of any rule that relates Administration survey of mental that nothing in the REINS Act would to veterans or veterans affairs. This chapter, health providers, 40 percent responded in any way inhibit or impede the deliv- as in effect before the enactment of the Reg- that they could not schedule a new ap- ery of services to our veterans, of ulations from the Executive in Need of Scru- tiny Act of 2011, shall continue to apply, pointment at their clinic within 14 whom I have been a champion in my after such enactment, to any such rule, as days; 70 percent of surveyed facilities time in Congress on numerous pieces of appropriate.’’. cited an inadequate number of staff to legislation. What I would say is the Page 24, in the matter preceding line 10, treat veterans; and 70 percent said that REINS Act would provide a framework add after the item relating to section 807 the they just simply lacked space. for discussion were there a rule to arise following new item: We also know that there’s a serious that hit that cost threshold to assure 808. Exemption for certain rules. unemployment barrier among our vet- crisp, clear improvement, particularly The Acting CHAIR. Pursuant to erans as they return to civilian life. in dealing with backlogs. House Resolution 479, the gentlewoman The unemployment rate among vets When we deal with the VA specifi- from Wisconsin (Ms. MOORE) and a who served in Iraq and Afghanistan cally, I have had area managers of the Member opposed each will control 5 since 9/11 is 12.1 percent, substantially Veterans Administration point out spe- minutes. higher than the national average that cific rules that cause increased queuing The Chair recognizes the gentle- we’re so concerned about now. Unem- and waiting time that were not being woman from Wisconsin. ployment among vets will spike as we addressed. This amendment would ac- Ms. MOORE. Mr. Chairman, I yield end the war in Iraq. The last 20,000 tually prevent us from being able to myself such time as I may consume. troops are expected to arrive by the address such things, were they to hit My amendment is very straight- end of the year from Iraq. We can ex- the threshold. forward. It would exempt our Nation’s pect about an additional 10,000 veterans The amendment carves all regula- veterans from the burdensome layers from Afghanistan to come home before tions that affect veterans and veteran and hurdles that H.R. 10 imposes and the end of the year, and 23,000 by the affairs out of the REINS Act congres- adds to the administrative rulemaking end of 2012. sional approval procedures. Frankly, process and would specifically remove We just can’t delay assistance to our the REINS Act supporters honor Amer- veterans from the bill’s so-called ‘‘rein- veterans. This has been an area, Mr. ica’s veterans. We have had America’s ing’’ provisions that require a joint res- Chairman, where Democrats and Re- veterans speaking in favor of this bill olution of Congress before an agency publicans have typically come together throughout the afternoon. puts forth a major rule to help our men and agreed. Yet H.R. 10, the REINS I believe that ultimately we are and women in uniform when they be- Act, will have unintended consequences going to make decisions that will be in come veterans and after they return and dangerous consequences for vet- keeping with the will of the American home from service. erans who, of course, have received our people and in the best interests of Many of my colleagues and I disagree undying gratitude and support. those veterans as we move forward. with this bill for a variety of reasons, I ask my colleagues to consider this With that, I reserve the balance of including the author’s premise that re- amendment and support my amend- my time. ducing the administration’s ability to ment because this is not an area where Ms. MOORE. I thank the gentleman regulate and promulgate rules will re- we want to delay services to them. We for responding, even though he doesn’t sult in job creation. But whether or not don’t want to subject our vets to the agree with me. I’m just looking at

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19139 about at least 14 rules that have been postponed and on which the noes pre- Buchanan Hensarling Poe (TX) implemented very expeditiously on be- vailed by voice vote. Bucshon Herger Pompeo Buerkle Herrera Beutler Posey half of our veterans since September The Clerk will redesignate the Burgess Huelskamp Price (GA) 11. It is chilling to think about the amendment. Burton (IN) Huizenga (MI) Quayle delays that may be caused by an extra Calvert Hultgren Reed The Clerk redesignated the amend- Camp Hunter process. Rehberg ment. Campbell Hurt Reichert With that, I yield back the balance of RECORDED VOTE Canseco Issa Renacci my time. Cantor Jenkins The Acting CHAIR. A recorded vote Ribble Mr. DAVIS of Kentucky. That’s a Capito Johnson (IL) Rigell has been demanded. Carter Johnson (OH) point that the gentlewoman and I will Rivera A recorded vote was ordered. Cassidy Johnson, Sam Roby Chabot Jones agree to disagree on. I believe that we Roe (TN) The vote was taken by electronic de- Chaffetz Jordan have seen the Congress move in an ex- Rogers (AL) Coble Kelly vice, and there were—ayes 187, noes 236, Rogers (KY) pedited manner in national security in Coffman (CO) King (IA) not voting 10, as follows: Rogers (MI) dealing with our veterans, and there Cole King (NY) Rohrabacher [Roll No. 895] Conaway Kingston would be no difference under this legis- Rokita lation. AYES—187 Cravaack Kinzinger (IL) Crawford Kline Rooney Ultimately, we know that Congress Ackerman Garamendi Olver Crenshaw Labrador Ros-Lehtinen must approve all legislation relating to Altmire Gonzalez Owens Culberson Lamborn Roskam every agency of the Federal Govern- Andrews Green, Al Pallone Davis (KY) Lance Ross (FL) Baca Green, Gene Pascrell Denham Landry Royce ment, and we’ll be doing our constitu- Baldwin Grijalva Pastor (AZ) DesJarlais Lankford Runyan tional duty, as I remind everybody lis- Bass (CA) Gutierrez Payne Dold Latham Ryan (WI) tening, to restore transparency, ac- Bass (NH) Hahn Pelosi Dreier LaTourette Scalise Becerra Hanabusa countability, and a check-and-balance Perlmutter Duffy Latta Schilling Berkley Hastings (FL) Peters Duncan (SC) Lewis (CA) Schmidt so that our citizens and our voters can Berman Heinrich Pingree (ME) Duncan (TN) LoBiondo Schock Bishop (GA) Higgins hold somebody in the government ac- Polis Ellmers Long Schweikert Bishop (NY) Himes Price (NC) Emerson Lucas Scott (SC) countable instead of faceless bureau- Blumenauer Hinojosa Quigley Farenthold Luetkemeyer Scott, Austin crats. Boswell Hirono Rahall Fincher Lummis Sensenbrenner Brady (PA) Hochul b 1610 Rangel Fitzpatrick Lungren, Daniel Sessions Braley (IA) Holden Flake E. Reyes Shimkus Brown (FL) Holt Fleischmann Mack It’s a solution that everyone should Richardson Shuster Butterfield Honda Fleming Manzullo support. Congress will be more ac- Richmond Simpson Capps Hoyer Flores Marchant countable. Ross (AR) Smith (NE) Capuano Inslee Forbes Marino Smith (NJ) Rothman (NJ) I ask all of my colleagues to oppose Cardoza Israel Fortenberry McCarthy (CA) Smith (TX) Carnahan Jackson (IL) Roybal-Allard this amendment, and I yield back the Foxx McCaul Southerland Carney Jackson Lee Ruppersberger Franks (AZ) McClintock Stearns balance of my time. Carson (IN) (TX) Rush Frelinghuysen McCotter Stivers The Acting CHAIR. The question is Chandler Johnson (GA) Ryan (OH) Gallegly McHenry Stutzman Chu Johnson, E. B. Sa´ nchez, Linda on the amendment offered by the gen- Gardner McKeon Sullivan Cicilline Kaptur T. tlewoman from Wisconsin (Ms. MOORE). Garrett McKinley Terry Clarke (MI) Keating Sanchez, Loretta Gerlach McMorris Thompson (PA) The question was taken; and the Act- Clarke (NY) Kildee Sarbanes Gibbs Rodgers Thornberry ing Chair announced that the noes ap- Clay Kind Schakowsky Gibson Mica Tiberi Cleaver Kissell Schiff Gingrey (GA) Miller (FL) peared to have it. Tipton Clyburn Kucinich Schrader Goodlatte Miller (MI) Ms. MOORE. Mr. Chairman, I demand Turner (NY) Cohen Langevin Schwartz Gosar Miller, Gary Turner (OH) a recorded vote. Connolly (VA) Larsen (WA) Scott (VA) Gowdy Mulvaney Upton The Acting CHAIR. Pursuant to Conyers Larson (CT) Scott, David Granger Murphy (PA) Walberg Cooper Lee (CA) Serrano Graves (GA) Neugebauer clause 6 of rule XVIII, further pro- Walden Costa Levin Sewell Graves (MO) Noem ceedings on the amendment offered by Walsh (IL) Costello Lewis (GA) Sherman Griffin (AR) Nugent Webster the gentlewoman from Wisconsin will Courtney Lipinski Shuler Griffith (VA) Nunes West be postponed. Critz Loebsack Sires Grimm Nunnelee Westmoreland Crowley Lofgren, Zoe Slaughter Guinta Olson ANNOUNCEMENT BY THE ACTING CHAIR Cuellar Lowey Whitfield Smith (WA) Guthrie Palazzo Cummings Luja´ n Wilson (SC) The Acting CHAIR. Pursuant to Speier Hall Paul Davis (CA) Lynch Wittman clause 6 of rule XVIII, proceedings will Stark Hanna Paulsen Davis (IL) Maloney Wolf Sutton Harper Pearce now resume on those amendments DeFazio Markey Womack Thompson (CA) Harris Pence printed in part B of House Report 112– DeGette Matheson Woodall Thompson (MS) Hartzler Peterson DeLauro Matsui Yoder 311 on which further proceedings were Tierney Hastings (WA) Petri Dent McCarthy (NY) Hayworth Young (AK) postponed, in the following order: Tonko Pitts Deutch McCollum Heck Platts Young (IN) Amendment No. 2 by Mr. JOHNSON of Dicks McDermott Towns Georgia. Dingell McGovern Tsongas NOT VOTING—10 Van Hollen Doggett McIntyre Bachmann Gohmert Wilson (FL) Amendment No. 3 by Mr. SCHRADER Vela´ zquez Donnelly (IN) McNerney Castor (FL) Hinchey Young (FL) of Oregon. Visclosky Doyle Meehan Diaz-Balart Myrick Walz (MN) Amendment No. 5 by Mrs. MCCARTHY Edwards Meeks Giffords Nadler of New York. Ellison Michaud Wasserman Schultz Amendment No. 6 by Ms. JACKSON Engel Miller (NC) b 1637 Eshoo Miller, George Waters LEE of Texas. Farr Moore Watt Messrs. BILBRAY, HERGER, CAN- Amendment No. 7 by Ms. MOORE of Fattah Moran Waxman TOR, FITZPATRICK, STIVERS, and Wisconsin. Filner Murphy (CT) Welch SCHOCK changed their vote from The Chair will reduce to 2 minutes Frank (MA) Napolitano Woolsey Fudge Neal Yarmuth ‘‘aye’’ to ‘‘no.’’ the minimum time for any electronic So the amendment was rejected. vote after the first vote in this series. NOES—236 The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. JOHNSON OF Adams Barrow Black as above recorded. Aderholt Bartlett Blackburn GEORGIA AMENDMENT NO. 3 OFFERED BY MR. SCHRADER Akin Barton (TX) Bonner The Acting CHAIR. The unfinished Alexander Benishek Bono Mack The Acting CHAIR. The unfinished business is the demand for a recorded Amash Berg Boren business is the demand for a recorded vote on the amendment offered by the Amodei Biggert Boustany vote on the amendment offered by the Austria Bilbray Brady (TX) gentleman from Georgia (Mr. JOHNSON) Bachus Bilirakis Brooks gentleman from Oregon (Mr. SCHRA- on which further proceedings were Barletta Bishop (UT) Broun (GA) DER) on which further proceedings were

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19140 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 postponed and on which the noes pre- Bucshon Herger Pompeo vote on the amendment offered by the Buerkle Herrera Beutler Posey vailed by voice vote. Burgess Huelskamp Price (GA) gentlewoman from New York (Mrs. The Clerk will redesignate the Burton (IN) Huizenga (MI) Quayle MCCARTHY) on which further pro- amendment. Calvert Hultgren Reed ceedings were postponed and on which The Clerk redesignated the amend- Camp Hunter Rehberg the noes prevailed by voice vote. Campbell Hurt Reichert ment. Canseco Issa Renacci The Clerk will redesignate the RECORDED VOTE Cantor Jenkins Ribble amendment. Capito Johnson (IL) Rigell The Clerk redesignated the amend- The Acting CHAIR. A recorded vote Carter Johnson (OH) Rivera has been demanded. Cassidy Johnson, Sam Roby ment. A recorded vote was ordered. Chabot Jordan Roe (TN) RECORDED VOTE The Acting CHAIR. This is a 2- Chaffetz Kelly Rogers (AL) The Acting CHAIR. A recorded vote Coble King (IA) Rogers (KY) minute vote. Coffman (CO) King (NY) Rogers (MI) has been demanded. The vote was taken by electronic de- Cole Kingston Rohrabacher A recorded vote was ordered. vice, and there were—ayes 183, noes 238, Conaway Kinzinger (IL) Rokita The Acting CHAIR. This is a 2- Cravaack Kline Rooney not voting 12, as follows: Crawford Kucinich Ros-Lehtinen minute vote. [Roll No. 896] Crenshaw Labrador Roskam The vote was taken by electronic de- AYES—183 Culberson Lamborn Ross (FL) vice, and there were—ayes 177, noes 246, Davis (KY) Lance Royce not voting 10, as follows: Ackerman Fudge Napolitano Denham Landry Runyan Altmire Garamendi Neal Dent Lankford Ryan (WI) [Roll No. 897] Andrews Gibson Olver DesJarlais Latham Scalise AYES—177 Baca Gonzalez Owens Dold LaTourette Schilling Baldwin Green, Al Pallone Dreier Latta Schmidt Ackerman Gonzalez Neal Barrow Green, Gene Pascrell Duffy Lewis (CA) Schock Altmire Green, Al Olver Bass (CA) Gutierrez Pastor (AZ) Duncan (SC) LoBiondo Schweikert Andrews Green, Gene Owens Becerra Hahn Payne Duncan (TN) Long Scott (SC) Baca Grijalva Pallone Berkley Hanabusa Pelosi Ellmers Lucas Scott (VA) Baldwin Gutierrez Pascrell Berman Hanna Perlmutter Emerson Luetkemeyer Scott, Austin Bass (CA) Hahn Pastor (AZ) Bishop (GA) Hastings (FL) Peters Farenthold Lummis Sensenbrenner Becerra Hanabusa Payne Bishop (NY) Heinrich Peterson Fincher Lungren, Daniel Sessions Berkley Hastings (FL) Pelosi Blumenauer Higgins Pingree (ME) Fitzpatrick E. Shimkus Berman Heinrich Peters Boren Himes Polis Flake Mack Shuster Bishop (NY) Higgins Pingree (ME) Boswell Hinojosa Price (NC) Fleischmann Manzullo Simpson Blumenauer Himes Polis Brady (PA) Hirono Quigley Fleming Marchant Smith (NE) Boswell Hinojosa Price (NC) Braley (IA) Hochul Rahall Flores Marino Smith (NJ) Brady (PA) Hirono Quigley Brown (FL) Holden Rangel Forbes McCarthy (CA) Smith (TX) Braley (IA) Hochul Rahall Brown (FL) Holden Butterfield Holt Reyes Fortenberry McCaul Southerland Rangel Capps Honda Butterfield Holt Richardson Foxx McCotter Stearns Reyes Capuano Hoyer Capps Honda Richmond Franks (AZ) McDermott Stivers Richardson Cardoza Inslee Capuano Hoyer Ross (AR) Frelinghuysen McHenry Stutzman Richmond Carnahan Israel Carnahan Inslee Rothman (NJ) Gallegly McKeon Sullivan Ross (AR) Carney Jackson (IL) Carney Israel Roybal-Allard Gardner McKinley Terry Rothman (NJ) Carson (IN) Jackson Lee Carson (IN) Jackson (IL) Ruppersberger Garrett McMorris Thompson (PA) Roybal-Allard Chandler (TX) Chandler Jackson Lee Rush Gerlach Rodgers Thornberry Ruppersberger Chu Johnson (GA) Chu (TX) Ryan (OH) Gibbs Meehan Tiberi Rush Cicilline Johnson, E. B. Cicilline Johnson (GA) Sa´ nchez, Linda Gingrey (GA) Mica Tipton Ryan (OH) Clarke (MI) Jones Clarke (MI) Johnson, E. B. T. Goodlatte Miller (FL) Tsongas Sa´ nchez, Linda Clarke (NY) Kaptur Clarke (NY) Kaptur Sanchez, Loretta Gosar Miller (MI) Turner (NY) T. Clay Keating Gowdy Clay Keating Sarbanes Miller, Gary Turner (OH) Sanchez, Loretta Cleaver Kildee Granger Moran Upton Cleaver Kildee Schakowsky Sarbanes Clyburn Kind Graves (GA) Mulvaney Walberg Clyburn Kind Schiff Schakowsky Cohen Kissell Graves (MO) Murphy (PA) Walden Cohen Kissell Schrader Schiff Connolly (VA) Langevin Griffin (AR) Neugebauer Walsh (IL) Connolly (VA) Kucinich Schwartz Schwartz Cooper Larsen (WA) Griffith (VA) Noem Waxman Conyers Langevin Scott, David Scott (VA) Costa Larson (CT) Grijalva Nugent Webster Cooper Larsen (WA) Serrano Scott, David Costello Lee (CA) Grimm Nunes West Costello Larson (CT) Sewell Serrano Courtney Levin Guinta Nunnelee Westmoreland Courtney Lee (CA) Sherman Sewell Critz Lewis (GA) Guthrie Olson Whitfield Critz Levin Shuler Sherman Crowley Lipinski Hall Palazzo Wilson (SC) Crowley Lewis (GA) Sires Shuler Cuellar Loebsack Harper Paulsen Wittman Cuellar Lipinski Sires Cummings Lofgren, Zoe Slaughter Harris Pearce Wolf Cummings Loebsack Slaughter Davis (CA) Lowey Smith (WA) Hartzler Pence Womack Davis (CA) Lofgren, Zoe Smith (WA) Davis (IL) Luja´ n Speier Hastings (WA) Petri Woodall Davis (IL) Lowey DeFazio Lynch Stark Hayworth Pitts Yoder DeFazio Luja´ n Speier DeGette Maloney Sutton Heck Platts Young (AK) DeGette Lynch Stark DeLauro Markey Thompson (CA) Hensarling Poe (TX) Young (IN) DeLauro Maloney Sutton Deutch Matheson Thompson (MS) Deutch Markey Thompson (CA) Dicks Matsui Tierney NOT VOTING—12 Dicks Matsui Thompson (MS) Tonko Tierney Dingell McCarthy (NY) Bachmann Gohmert Wasserman Dingell McCarthy (NY) Towns Tonko Doggett McClintock Castor (FL) Hinchey Schultz Doggett McCollum Van Hollen Towns Donnelly (IN) McCollum Conyers Myrick Young (FL) Donnelly (IN) McDermott ´ Tsongas Doyle McGovern Velazquez Diaz-Balart Nadler Doyle McGovern Edwards McIntyre Visclosky Giffords Paul Edwards McIntyre Van Hollen Ellison McNerney Walz (MN) Ellison McNerney Vela´ zquez Engel Meeks Waters b 1642 Engel Meeks Visclosky Eshoo Michaud Watt Eshoo Michaud Walz (MN) Farr Miller (NC) Welch Mr. AL GREEN of Texas changed his Farr Miller (NC) Waters Fattah Miller, George Wilson (FL) vote from ‘‘no’’ to ‘‘aye.’’ Fattah Miller, George Waxman Filner Moore Woolsey Mr. SCOTT of South Carolina Filner Moore Welch Frank (MA) Murphy (CT) Yarmuth Frank (MA) Moran Wilson (FL) changed his vote from ‘‘present’’ to Fudge Murphy (CT) Woolsey NOES—238 ‘‘no.’’ Garamendi Napolitano Yarmuth Adams Bartlett Black So the amendment was rejected. NOES—246 Aderholt Barton (TX) Blackburn The result of the vote was announced Akin Bass (NH) Bonner Adams Bachus Berg Alexander Benishek Bono Mack as above recorded. Aderholt Barletta Biggert Amash Berg Boustany AMENDMENT NO. 5 OFFERED BY MRS. MC CARTHY Akin Barrow Bilbray Amodei Biggert Brady (TX) OF NEW YORK Alexander Bartlett Bilirakis Austria Bilbray Brooks Amash Barton (TX) Bishop (GA) Bachus Bilirakis Broun (GA) The Acting CHAIR. The unfinished Amodei Bass (NH) Bishop (UT) Barletta Bishop (UT) Buchanan business is the demand for a recorded Austria Benishek Black

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Blackburn Harper Peterson AMENDMENT NO. 6 OFFERED BY MS. JACKSON Austria Graves (GA) Paul Bonner Harris Petri LEE OF TEXAS Bachus Graves (MO) Paulsen Bono Mack Hartzler Pitts Barletta Griffin (AR) Pearce Boren Hastings (WA) Platts The Acting CHAIR. The unfinished Barrow Griffith (VA) Pence Boustany Hayworth Poe (TX) business is the demand for a recorded Bartlett Grimm Perlmutter Brooks Heck Pompeo vote on the amendment offered by the Bass (NH) Guinta Peterson Broun (GA) Hensarling Posey Benishek Guthrie gentlewoman from Texas (Ms. JACKSON Petri Buchanan Herger Price (GA) Berg Hall Pitts Bucshon Herrera Beutler Quayle LEE) on which further proceedings were Biggert Hanna Platts Buerkle Huelskamp Reed postponed and on which the noes pre- Bilbray Harper Poe (TX) Burgess Huizenga (MI) Rehberg vailed by voice vote. Bilirakis Harris Pompeo Burton (IN) Hultgren Reichert Bishop (GA) Hartzler The Clerk will redesignate the Posey Calvert Hunter Renacci Bishop (UT) Hastings (WA) Price (GA) Camp Hurt Ribble amendment. Black Hayworth Quayle Campbell Issa Rigell The Clerk redesignated the amend- Blackburn Heck Reed Canseco Jenkins Bonner Hensarling Rivera Rehberg Cantor Johnson (IL) Roby ment. Bono Mack Herger Reichert Capito Johnson (OH) Roe (TN) Boren Herrera Beutler RECORDED VOTE Renacci Cardoza Johnson, Sam Rogers (AL) Boustany Huelskamp The Acting CHAIR. A recorded vote Ribble Carter Jones Rogers (KY) Brady (TX) Huizenga (MI) Rigell Cassidy Jordan Rogers (MI) has been demanded. Brooks Hultgren Rivera Chabot Kelly Rohrabacher A recorded vote was ordered. Broun (GA) Hunter Roby Chaffetz King (IA) Rokita The Acting CHAIR. This is a 2- Buchanan Hurt Coble King (NY) Rooney Bucshon Issa Roe (TN) Coffman (CO) Kingston Ros-Lehtinen minute vote. Buerkle Jenkins Rogers (AL) Cole Kinzinger (IL) Roskam The vote was taken by electronic de- Burgess Johnson (IL) Rogers (KY) Conaway Kline Ross (FL) vice, and there were—ayes 177, noes 242, Burton (IN) Johnson (OH) Rogers (MI) Costa Labrador Royce Calvert Johnson, Sam Rohrabacher Cravaack Lamborn Runyan not voting 14, as follows: Camp Jones Rokita Crawford Lance Ryan (WI) [Roll No. 898] Campbell Jordan Rooney Ros-Lehtinen Crenshaw Landry Scalise AYES—177 Canseco Kelly Culberson Lankford Schilling Cantor King (IA) Roskam Davis (KY) Latham Schmidt Ackerman Fudge Neal Capito King (NY) Ross (FL) Denham LaTourette Schock Altmire Garamendi Olver Carter Kingston Royce Dent Latta Schrader Andrews Gonzalez Owens Cassidy Kinzinger (IL) Runyan DesJarlais Lewis (CA) Schweikert Baca Green, Al Pallone Chabot Kline Ryan (WI) Dold LoBiondo Scott (SC) Baldwin Green, Gene Pascrell Chaffetz Labrador Scalise Dreier Long Scott, Austin Bass (CA) Grijalva Pastor (AZ) Coble Lamborn Schilling Duffy Lucas Sensenbrenner Becerra Gutierrez Payne Coffman (CO) Lance Schmidt Duncan (SC) Luetkemeyer Sessions Berkley Hahn Pelosi Cole Landry Schock Duncan (TN) Lummis Shimkus Berman Hanabusa Peters Conaway Lankford Schrader Ellmers Lungren, Daniel Shuster Bishop (NY) Hastings (FL) Pingree (ME) Cravaack Latham Schweikert Emerson E. Simpson Blumenauer Heinrich Polis Crawford LaTourette Scott (SC) Farenthold Mack Smith (NE) Boswell Higgins Price (NC) Crenshaw Latta Scott, Austin Fincher Manzullo Smith (NJ) Brady (PA) Himes Quigley Culberson Lewis (CA) Sensenbrenner Fitzpatrick Marchant Smith (TX) Braley (IA) Hinojosa Rahall Davis (KY) LoBiondo Sessions Brown (FL) Hochul Rangel Flake Marino Southerland Denham Long Shimkus Butterfield Holden Reyes Fleischmann Matheson Stearns Dent Lucas Shuster Capps Holt Richardson Fleming McCarthy (CA) Stivers DesJarlais Luetkemeyer Simpson Capuano Honda Richmond Flores McCaul Stutzman Dold Lummis Smith (NE) Cardoza Hoyer Ross (AR) Forbes McClintock Sullivan Dreier Lungren, Daniel Smith (NJ) Fortenberry McCotter Carnahan Inslee Rothman (NJ) Duffy E. Terry Smith (TX) Foxx McHenry Thompson (PA) Carney Israel Roybal-Allard Duncan (SC) Mack Southerland Franks (AZ) McKeon Thornberry Carson (IN) Jackson (IL) Ruppersberger Duncan (TN) Maloney Stearns Frelinghuysen McKinley Tiberi Chandler Jackson Lee Rush Ellmers Manzullo Stivers Gallegly McMorris Tipton Chu (TX) Ryan (OH) Emerson Marchant Stutzman Gardner Rodgers Turner (NY) Cicilline Johnson (GA) Sa´ nchez, Linda Farenthold Marino Sullivan Garrett Meehan Turner (OH) Clarke (MI) Johnson, E. B. T. Fincher McCarthy (CA) Gerlach Mica Upton Clarke (NY) Kaptur Sanchez, Loretta Fitzpatrick McCaul Terry Gibbs Miller (FL) Walberg Clay Keating Sarbanes Flake McClintock Thompson (PA) Gibson Miller (MI) Walden Cleaver Kildee Schakowsky Fleischmann McCotter Thornberry Gingrey (GA) Miller, Gary Walsh (IL) Clyburn Kissell Schiff Fleming McHenry Tiberi Gohmert Mulvaney Wasserman Cohen Kucinich Schwartz Flores McKeon Tipton Goodlatte Murphy (PA) Schultz Connolly (VA) Langevin Scott (VA) Forbes McKinley Turner (NY) Gosar Neugebauer Webster Conyers Larsen (WA) Scott, David Fortenberry McMorris Turner (OH) Gowdy Noem West Cooper Larson (CT) Serrano Foxx Rodgers Upton Granger Nugent Westmoreland Costa Lee (CA) Sewell Franks (AZ) Meehan Walberg Graves (GA) Nunes Whitfield Costello Levin Sherman Frelinghuysen Mica Walden Graves (MO) Nunnelee Wilson (SC) Courtney Lewis (GA) Shuler Gallegly Miller (FL) Walsh (IL) Griffin (AR) Olson Wittman Critz Lipinski Sires Gardner Miller (MI) West Griffith (VA) Palazzo Wolf Crowley Loebsack Slaughter Garrett Miller, Gary Westmoreland Grimm Paul Womack Cuellar Lofgren, Zoe Smith (WA) Gerlach Mulvaney Whitfield Guinta Paulsen Woodall Cummings Lowey Speier Gibbs Murphy (PA) Wilson (SC) Guthrie Pearce Yoder Davis (CA) Luja´ n Stark Gibson Neugebauer Wittman Hall Pence Young (AK) Davis (IL) Lynch Sutton Gingrey (GA) Noem Wolf Hanna Perlmutter Young (IN) DeFazio Markey Thompson (CA) Gohmert Nugent Womack DeGette Matheson Thompson (MS) Goodlatte Nunes Woodall NOT VOTING—10 DeLauro Matsui Tierney Gosar Nunnelee Yoder Deutch McCarthy (NY) Tonko Gowdy Olson Young (AK) Bachmann Giffords Watt Dicks McCollum Towns Granger Palazzo Young (IN) Brady (TX) Hinchey Young (FL) Dingell McDermott Tsongas Castor (FL) Myrick Doggett McGovern Van Hollen NOT VOTING—14 Diaz-Balart Nadler Donnelly (IN) McIntyre Vela´ zquez Bachmann Hinchey Watt Doyle McNerney Visclosky Barton (TX) Hirono Webster ANNOUNCEMENT BY THE ACTING CHAIR Edwards Meeks Walz (MN) Castor (FL) Kind Woolsey Ellison Michaud Wasserman The Acting CHAIR (during the vote). Diaz-Balart Myrick Young (FL) Engel Miller (NC) Schultz Giffords Nadler There is 1 minute remaining. Eshoo Miller, George Waters Farr Moore Waxman ANNOUNCEMENT BY THE ACTING CHAIR Fattah Moran Welch The Acting CHAIR (during the vote). b 1645 Filner Murphy (CT) Wilson (FL) Frank (MA) Napolitano Yarmuth There is 1 minute remaining. So the amendment was rejected. NOES—242 b 1649 The result of the vote was announced Adams Akin Amash as above recorded. Aderholt Alexander Amodei So the amendment was rejected.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19142 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 The result of the vote was announced NOES—240 b 1653 as above recorded. Adams Gingrey (GA) Nunnelee So the amendment was rejected. Aderholt Gohmert Olson AMENDMENT NO. 7 OFFERED BY MS. MOORE The result of the vote was announced Akin Goodlatte Palazzo The Acting CHAIR. The unfinished Alexander Gosar Paul as above recorded. business is the demand for a recorded Amash Gowdy Paulsen The Acting CHAIR (Mr. WEST). There vote on the amendment offered by the Amodei Granger Pearce being no further amendments, under Austria Graves (GA) Pence the rule, the Committee rises. gentlewoman from Wisconsin (Ms. Bachus Graves (MO) Peterson MOORE) on which further proceedings Barletta Griffin (AR) Petri Accordingly, the Committee rose; were postponed and on which the noes Barrow Griffith (VA) Pitts and the Speaker pro tempore (Mr. prevailed by voice vote. Bartlett Grimm Platts WOMACK) having assumed the chair, Barton (TX) Guinta Poe (TX) Mr. WEST, Acting Chair of the Com- The Clerk will redesignate the Bass (NH) Guthrie Pompeo amendment. Benishek Hall Posey mittee of the Whole House on the state The Clerk redesignated the amend- Berg Hanna Price (GA) of the Union, reported that that Com- ment. Biggert Harper Quayle mittee, having had under consideration Bilbray Harris Reed the bill (H.R. 10) to amend chapter 8 of RECORDED VOTE Bilirakis Hartzler Rehberg title 5, United States Code, to provide The Acting CHAIR. A recorded vote Bishop (GA) Hastings (WA) Reichert Black Hayworth that major rules of the executive has been demanded. Renacci Blackburn Heck Ribble branch shall have no force or effect un- A recorded vote was ordered. Blumenauer Hensarling Rigell less a joint resolution of approval is en- Bonner Herger Rivera The Acting CHAIR. This is a 2- acted into law, and, pursuant to House minute vote. Bono Mack Herrera Beutler Roby Boren Huelskamp Roe (TN) Resolution 479, reported the bill, as The vote was taken by electronic de- Boustany Huizenga (MI) Rogers (AL) amended by that resolution, back to Brady (TX) Hultgren vice, and there were—ayes 183, noes 240, Rogers (KY) the House with a further amendment not voting 10, as follows: Brooks Hunter Rogers (MI) Broun (GA) Hurt Rohrabacher adopted in the Committee of the [Roll No. 899] Buchanan Issa Rokita Whole. AYES—183 Bucshon Jenkins Rooney The SPEAKER pro tempore. Under Buerkle Johnson (IL) Ros-Lehtinen Ackerman Green, Gene Owens the rule, the previous question is or- Burgess Johnson (OH) Roskam Altmire Grijalva Pallone Burton (IN) Johnson, Sam Ross (FL) dered. Andrews Gutierrez Pascrell Calvert Jordan Royce The question is on the amendment. Baca Hahn Pastor (AZ) Camp Kelly Baldwin Hanabusa Payne Runyan The amendment was agreed to. Campbell King (IA) Ryan (WI) Bass (CA) Hastings (FL) Pelosi Canseco King (NY) The SPEAKER pro tempore. The Becerra Heinrich Perlmutter Scalise question is on the engrossment and Cantor Kingston Schilling Berkley Higgins Peters Capito Kinzinger (IL) Schmidt third reading of the bill. Berman Himes Pingree (ME) Carter Kline Schock The bill was ordered to be engrossed Bishop (NY) Hinojosa Polis Cassidy Labrador Schweikert Boswell Hirono Price (NC) Chabot Lamborn and read a third time, and was read the Scott (SC) Brady (PA) Hochul Quigley Chaffetz Lance third time. Scott, Austin Braley (IA) Holden Rahall Coble Landry Sensenbrenner MOTION TO RECOMMIT Brown (FL) Holt Rangel Coffman (CO) Lankford Sessions Butterfield Honda Reyes Cole Latham Ms. DELAURO. Mr. Speaker, I have a Capps Hoyer Richardson Shimkus Conaway LaTourette motion to recommit at the desk. Capuano Inslee Richmond Shuster Cravaack Latta Cardoza Israel Ross (AR) Simpson The SPEAKER pro tempore. Is the Crawford Lewis (CA) Carnahan Jackson (IL) Rothman (NJ) Smith (NE) gentlewoman opposed to the bill? Crenshaw LoBiondo Carney Jackson Lee Roybal-Allard Smith (NJ) Culberson Long Ms. DELAURO. I am opposed in its Carson (IN) (TX) Ruppersberger Smith (TX) Davis (KY) Lucas current form. Chandler Johnson (GA) Rush Denham Luetkemeyer Southerland Chu Johnson, E. B. Ryan (OH) The SPEAKER pro tempore. The Dent Lummis Stearns Cicilline Jones Sa´ nchez, Linda Clerk will report the motion to recom- DesJarlais Lungren, Daniel Stivers Clarke (MI) Kaptur T. Dold E. Stutzman mit. Clarke (NY) Keating Sanchez, Loretta Dreier Mack Sullivan Clay Kildee Sarbanes The Clerk read as follows: Duffy Manzullo Terry Cleaver Kind Schakowsky Ms. DELAURO moves to recommit the bill Duncan (SC) Marchant Thompson (PA) Clyburn Kissell Schiff Thornberry H.R. 10 to the Committee on the Judiciary Cohen Kucinich Schrader Duncan (TN) Marino Ellmers McCarthy (CA) Tiberi with instructions to report the same back to Connolly (VA) Langevin Schwartz Tipton the House forthwith, with the following Conyers Larsen (WA) Scott (VA) Emerson McCaul Farenthold McClintock Turner (NY) amendment: Cooper Larson (CT) Scott, David Turner (OH) Costa Lee (CA) Serrano Fincher McCotter Page 45, line 22, insert after the first period Upton Costello Levin Sewell Fitzpatrick McHenry the following: Walberg Courtney Lewis (GA) Sherman Flake McKeon Walden ‘‘§ 808. Protection of Food Safety and Con- Critz Lipinski Shuler Fleischmann McKinley Walsh (IL) sumer’s Right to Know through Country-of- Crowley Loebsack Sires Fleming McMorris Webster Cuellar Lofgren, Zoe Slaughter Flores Rodgers Origin Labeling Davis (CA) Lowey Smith (WA) Forbes Meehan West ‘‘Sections 801 through 807 of this chapter, Davis (IL) Luja´ n Speier Fortenberry Mica Westmoreland as amended by the Regulations from the Ex- DeFazio Lynch Stark Foxx Miller (FL) Whitfield ecutive in Need of Scrutiny Act of 2011 shall Franks (AZ) Miller (MI) Wilson (SC) DeGette Maloney Sutton not apply in the case of any rule regarding Frelinghuysen Miller, Gary Wittman DeLauro Markey Thompson (CA) country of origin labeling. This chapter, as Deutch Matheson Thompson (MS) Gallegly Mulvaney Wolf Dicks Matsui Tierney Gardner Murphy (PA) Womack in effect before the enactment of the Regula- Dingell McCarthy (NY) Tonko Garrett Neugebauer Woodall tions from the Executive in Need of Scrutiny Doggett McCollum Towns Gerlach Noem Yoder Act of 2011, shall continue to apply, after Donnelly (IN) McDermott Tsongas Gibbs Nugent Young (AK) such enactment, to any such rule, as appro- Doyle McGovern Van Hollen Gibson Nunes Young (IN) priate.’’. Edwards McIntyre Vela´ zquez Ellison McNerney Visclosky NOT VOTING—10 The SPEAKER pro tempore. The gen- Engel Meeks Walz (MN) tlewoman from Connecticut is recog- Bachmann Diaz-Balart Nadler Eshoo Michaud Wasserman Bishop (UT) Giffords nized for 5 minutes. Farr Miller (NC) Schultz Young (FL) Castor (FL) Hinchey Fattah Miller, George Waters Ms. DELAURO. Mr. Speaker, I rise to Cummings Myrick Filner Moore Watt offer a motion that would exempt Frank (MA) Moran Waxman country of origin labeling from the reg- ANNOUNCEMENT BY THE ACTING CHAIR Fudge Murphy (CT) Welch ulations affected by this legislation. Garamendi Napolitano Wilson (FL) Gonzalez Neal Woolsey The Acting CHAIR (during the vote). This is the final amendment to the bill, Green, Al Olver Yarmuth There is 1 minute remaining. which will not kill it or send it back to

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19143 committee. Instead, we will move to I do not want to single out any one The REINS Act has been the subject final passage on the bill, as amended. country. Sadly, food-borne disease out- of two hearings and a markup in the We have had a heated debate over breaks are frighteningly normal, both Judiciary Committee and was subject this act. I have very strong concerns here and abroad. We recently experi- to an additional markup in the Rules about it. But however one feels about enced a listeria outbreak in canta- Committee. Today, we have had a ro- the legislation before us, we should all loupes which sickened at least 139 peo- bust debate on the bill and seven be able to agree on fundamental prin- ple and killed 29 more. Germany saw an amendments, five of which were offered ciples. E. coli crisis this summer that killed by colleagues in the minority. First, that it is the responsibility of dozens and sickened thousands. In 2010, Congress has a bipartisan bad habit this institution and of government to we saw a salmonella outbreak in writing vague legislation that sounds see that the health and the safety of crushed pepper that sickened 272 peo- nice, but leaves the dirty work to American families are protected. This ple, and another salmonella outbreak unelected bureaucrats in administra- includes protecting Americans from that resulted in the recall of over half tive agencies. This practice has al- unsafe and contaminated food. And, a billion eggs and almost 2,000 Ameri- lowed the Congress to claim credit for second, the consumer should be able to cans becoming ill. popular aspects of laws, and blame reg- know where the food and products they Country of origin labeling does not ulatory agencies for increased costs or buy come from so that they can make lead to American job losses or bank- the otherwise negative effects of the informed decisions about their pur- rupt the food industry; it simply lets regulations. chases, as they should be able to in a consumers know where their food Agencies are also starting to bypass free market. comes from. Congress by writing regulations that That is what country of origin label- That is particularly important in stretch the bounds of their delegated ing does, and it is why my final amend- this economy, when not only food in- authorities. The administration has de- ment simply exempts country of origin spectors, but food producers are clared an intent to pursue their agenda labeling from the underlying bill before stretched thin. Consumers should be by pushing items they could not get us. It gives us an opportunity to come able to know when they are buying through Congress through regulatory together in a bipartisan way to protect foods that were grown, raised, or pro- actions instead. Indeed, laws they the health and safety of our constitu- duced right here in America. could not pass in Democratic super- ents and to give the American public majorities in the last Congress are now b 1700 the information they need and clearly being attempted, against the will of want to make informed decisions for They have the right to know where the Congress, to be implemented by their families. their food was produced and to make regulation. More than 40 other countries we their own choices about the food that What we have proposed in the REINS trade with have a country of origin la- they buy. Act is very simple: Congress should at beling system in place, and the major- In the past, there has been a bipar- the very least be accountable for regu- ity of American consumers continue to tisan consensus that country-of-origin lations with $100 million of annual eco- support country of origin labeling. labeling is a good idea, that it keeps nomic impact or more. These rules are We know that food-borne illnesses families safe, and that it supports classified by the administration as are a major public health threat. They American farmers. In fact, the chair- major rules. account for roughly 48 million ill- man, my counterpart on the Labor- The REINS Act is not anti-regula- nesses, 100,000 hospitalizations and over HHS-Education Appropriations Sub- tion, and it is not pro-regulation. What 3,000 deaths in this country every year. committee, Congressman REHBERG of we’re saying is let’s have a transparent Every year one in every six Americans Montana, has been a leader in ensuring and accountable process for imple- become sick from the food that they strong country-of-origin labeling. We menting new regulations. eat. Our youngest and oldest Ameri- should continue that bipartisan com- According to a recent Gallup Poll, cans are the most vulnerable to these mitment today. Exempt country-of-ori- small business owners cited complying illnesses, and right now roughly 80 per- gin labeling from the REINS Act. with government regulation as the big- cent of the seafood and 60 percent of I urge my colleagues to stand up for gest problem facing them today. Public the fruits and vegetables consumed in public health, consumers’ right to Notice did a poll recently that found the United States have been produced know, and American businesses. Sup- that a majority of Americans believe outside our borders. port this final amendment. Congress should approve regulations Amid all this imported food, our abil- Mr. DAVIS of Kentucky. Mr. Speak- before they can be enforced. ity to ensure that food products are er, I rise in opposition to the motion to Our economy is struggling to re- safe and not contaminated is dwin- recommit. cover, and more than 13 million Ameri- dling. The FDA inspects less than 2 The SPEAKER pro tempore. The gen- cans are still out of work. Congress percent of the imported food in its ju- tleman is recognized for 5 minutes. needs to do a much better job of cre- risdiction. Yet, 70 percent of the apple Mr. DAVIS of Kentucky. Mr. Speak- ating a pro-growth environment that juice we drink was produced in China, er, this motion is a distraction. It increases our competitiveness and re- roughly 90 percent of the shrimp that misses the point of this legislation en- wards entrepreneurship and ingenuity. we eat was produced outside of the tirely. We are here today to restore ac- Everyone agrees that regulations can United States. Across this 2 percent, countability for the regulations with have a significant and detrimental im- the FDA finds a frighteningly large the biggest impact on our economy. pact on jobs and our economy. Even number of shipments with dangerous Good, bad or ugly—and our regu- President Obama described regulations food safety violations, including the latory code includes all three—Con- that stifle innovation and have a presence of pathogens and chemical gress should be accountable for regula- chilling effect on growth and jobs in an contamination. tions that cost the American people op-ed for The Wall Street Journal ear- Families should be able to know $100 million or more annually. lier this year. where their food is coming from. Just The REINS Act simply says that The REINS Act lays down a marker this morning, a Japanese food producer Congress must vote on these regula- to say that Congress should be directly announced the recall of 400,000 cans of tions, these major rules, before they accountable for the most expensive infant formula after traces of radio- can be enforced on the American peo- regulations that could stifle innovation active cesium were found in the com- ple. Essentially, this motion to recom- and have a chilling effect on growth pany’s milk powder. And after the mit repeats part of an exclusion al- and jobs. Fukushima disaster earlier this year, ready attempted in the McCarthy In the words of the great Speaker Americans were concerned about the amendment that the House just voted from Cincinnati, Ohio, Nicholas Long- safety of seafood imports. down. It’s purely a political motion. worth, I ask all of my colleagues to

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19144 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 strike a blow for liberty, to vote for ac- Wasserman Watt Wilson (FL) b 1723 countability. I oppose the motion to re- Schultz Waxman Woolsey Waters Welch Yarmuth So the motion to recommit was re- commit. Vote against the motion to re- NOES—235 jected. commit. Support the REINS Act. The result of the vote was announced Adams Goodlatte Nunnelee I yield back the balance of my time. as above recorded. The SPEAKER pro tempore. Without Aderholt Gosar Olson Akin Gowdy Palazzo The SPEAKER pro tempore. The objection, the previous question is or- Alexander Granger Paul question is on the passage of the bill. dered on the motion to recommit. Amash Graves (GA) Paulsen The question was taken; and the There was no objection. Amodei Graves (MO) Pearce Austria Griffin (AR) Pence Speaker pro tempore announced that The SPEAKER pro tempore. The Bachus Griffith (VA) Petri the ayes appeared to have it. question is on the motion to recommit. Barletta Grimm Pitts The question was taken; and the Bartlett Guinta Platts RECORDED VOTE Speaker pro tempore announced that Barton (TX) Guthrie Poe (TX) Mr. SCOTT of Virginia. Mr. Speaker, Bass (NH) Hall Pompeo the noes appeared to have it. Benishek Hanna Posey I demand a recorded vote. RECORDED VOTE Berg Harper Price (GA) A recorded vote was ordered. Biggert Harris Quayle Ms. DELAURO. Mr. Speaker, I de- The SPEAKER pro tempore. This is a Bilbray Hartzler Reed 5-minute vote. mand a recorded vote. Bilirakis Hastings (WA) Rehberg A recorded vote was ordered. Bishop (UT) Hayworth Reichert The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Black Heck Renacci vice, and there were—ayes 241, noes 184, Blackburn Hensarling Ribble not voting 8, as follows: ant to clause 9 of rule XX, the Chair Bonner Herger Rigell will reduce to 5 minutes the minimum Bono Mack Herrera Beutler Rivera [Roll No. 901] time for any electronic vote on the Boustany Huelskamp Roby AYES—241 Brady (TX) Huizenga (MI) Roe (TN) question of passage. Brooks Hultgren Rogers (AL) Adams Fleming Luetkemeyer The vote was taken by electronic de- Broun (GA) Hunter Rogers (KY) Aderholt Flores Lummis vice, and there were—ayes 183, noes 235, Buchanan Hurt Rogers (MI) Akin Forbes Lungren, Daniel Alexander Fortenberry E. not voting 15, as follows: Bucshon Issa Rohrabacher Buerkle Jenkins Rokita Amash Foxx Mack [Roll No. 900] Burgess Johnson (IL) Rooney Amodei Franks (AZ) Manzullo Austria Frelinghuysen Marchant AYES—183 Burton (IN) Johnson (OH) Ros-Lehtinen Calvert Johnson, Sam Roskam Bachus Gallegly Marino Ackerman Frank (MA) Moore Camp Jordan Ross (FL) Barletta Gardner McCarthy (CA) Altmire Garamendi Moran Campbell Kelly Royce Barrow Garrett McCaul Andrews Gonzalez Murphy (CT) Canseco King (IA) Runyan Bartlett Gerlach McClintock Baca Green, Al Napolitano Cantor King (NY) Ryan (WI) Barton (TX) Gibbs McCotter Baldwin Green, Gene Neal Capito Kingston Scalise Bass (NH) Gibson McHenry Barrow Grijalva Olver Carter Kinzinger (IL) Schilling Benishek Gingrey (GA) McIntyre Becerra Gutierrez Owens Cassidy Kline Schmidt Berg Gohmert McKeon Berkley Hahn Pallone Chabot Labrador Schock Biggert Goodlatte McKinley Berman Hanabusa Pascrell Chaffetz Lamborn Schweikert Bilbray Gosar McMorris Bishop (GA) Hastings (FL) Pastor (AZ) Coble Lance Scott (SC) Bilirakis Gowdy Rodgers Bishop (NY) Heinrich Pelosi Coffman (CO) Landry Scott, Austin Bishop (UT) Granger Meehan Blumenauer Higgins Perlmutter Cole Lankford Sensenbrenner Black Graves (GA) Mica Boren Himes Peters Conaway Latham Sessions Blackburn Graves (MO) Miller (FL) Boswell Hinojosa Peterson Cravaack LaTourette Shimkus Bonner Griffin (AR) Miller (MI) Brady (PA) Hirono Pingree (ME) Crawford Latta Shuster Bono Mack Griffith (VA) Miller, Gary Braley (IA) Hochul Polis Crenshaw Lewis (CA) Simpson Boren Grimm Mulvaney Brown (FL) Holden Price (NC) Culberson LoBiondo Smith (NE) Boustany Guinta Murphy (PA) Butterfield Holt Quigley Davis (KY) Long Smith (NJ) Brady (TX) Guthrie Neugebauer Capps Honda Rahall Denham Lucas Smith (TX) Brooks Hall Noem Capuano Hoyer Rangel Dent Luetkemeyer Southerland Broun (GA) Hanna Nugent Cardoza Inslee Reyes DesJarlais Lummis Stearns Buchanan Harper Nunes Carnahan Israel Richardson Dold Lungren, Daniel Stivers Bucshon Harris Nunnelee Carney Jackson (IL) Richmond Dreier E. Stutzman Buerkle Hartzler Olson Carson (IN) Jackson Lee Ross (AR) Duffy Mack Sullivan Burgess Hastings (WA) Palazzo Chandler (TX) Rothman (NJ) Duncan (SC) Manzullo Terry Burton (IN) Hayworth Paul Chu Johnson (GA) Roybal-Allard Ellmers Marchant Thompson (PA) Calvert Heck Paulsen Cicilline Johnson, E. B. Ruppersberger Emerson Marino Thornberry Camp Hensarling Pearce Clarke (MI) Jones Rush Farenthold McCarthy (CA) Tiberi Campbell Herger Pence Clay Kaptur Ryan (OH) Fincher McCaul Tipton Canseco Herrera Beutler Peterson Clyburn Keating Sa´ nchez, Linda Fitzpatrick McClintock Turner (NY) Cantor Huelskamp Petri Cohen Kildee T. Flake McCotter Turner (OH) Capito Huizenga (MI) Pitts Connolly (VA) Kind Sanchez, Loretta Fleischmann McHenry Upton Carter Hultgren Platts Cooper Kissell Sarbanes Fleming McKeon Walberg Cassidy Hunter Poe (TX) Costa Kucinich Schakowsky Flores McKinley Walden Chabot Hurt Pompeo Costello Langevin Schiff Forbes McMorris Walsh (IL) Chaffetz Issa Posey Courtney Larsen (WA) Schrader Fortenberry Rodgers Webster Coble Jenkins Price (GA) Critz Larson (CT) Schwartz Foxx Meehan West Coffman (CO) Johnson (IL) Quayle Crowley Levin Scott (VA) Franks (AZ) Mica Westmoreland Cole Johnson (OH) Reed Cuellar Lewis (GA) Scott, David Frelinghuysen Miller (FL) Whitfield Conaway Johnson, Sam Rehberg Cummings Lipinski Serrano Gallegly Miller (MI) Wilson (SC) Cravaack Jones Reichert Davis (CA) Loebsack Sewell Gardner Miller, Gary Wittman Crawford Jordan Renacci Davis (IL) Lofgren, Zoe Sherman Garrett Mulvaney Wolf Crenshaw Kelly Ribble DeFazio Lowey Shuler Gerlach Murphy (PA) Womack Culberson King (IA) Rigell DeGette Luja´ n Sires Gibbs Neugebauer Woodall Davis (KY) King (NY) Rivera DeLauro Lynch Slaughter Gibson Noem Yoder Denham Kingston Roby Deutch Maloney Smith (WA) Gingrey (GA) Nugent Young (AK) Dent Kinzinger (IL) Roe (TN) Dicks Markey Speier Gohmert Nunes Young (IN) DesJarlais Kline Rogers (AL) Dingell Matheson Stark Dold Labrador Rogers (KY) Doggett Matsui Sutton NOT VOTING—15 Dreier Lamborn Rogers (MI) Donnelly (IN) McCarthy (NY) Thompson (CA) Bachmann Conyers Lee (CA) Duffy Lance Rohrabacher Doyle McCollum Thompson (MS) Bass (CA) Diaz-Balart Myrick Duncan (SC) Landry Rokita Duncan (TN) McDermott Tierney Castor (FL) Fudge Nadler Duncan (TN) Lankford Rooney Edwards McGovern Tonko Clarke (NY) Giffords Payne Ellmers Latham Ros-Lehtinen Ellison McIntyre Towns Cleaver Hinchey Young (FL) Emerson LaTourette Roskam Engel McNerney Tsongas Farenthold Latta Ross (FL) Eshoo Meeks Van Hollen ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fincher Lewis (CA) Royce Farr Michaud Vela´ zquez Fitzpatrick LoBiondo Runyan Fattah Miller (NC) Visclosky The SPEAKER pro tempore (during Flake Long Ryan (WI) Filner Miller, George Walz (MN) the vote). There is 1 minute remaining. Fleischmann Lucas Scalise

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19145 Schilling Southerland Walden REPORT ON RESOLUTION PRO- SYNTHETIC DRUG CONTROL ACT Schmidt Stearns Walsh (IL) Schock Stivers Webster VIDING FOR CONSIDERATION OF OF 2011 Schweikert Stutzman West H.R. 1633, FARM DUST REGULA- Mr. PITTS. Mr. Speaker, I move to Scott (SC) Sullivan Westmoreland TION PREVENTION ACT OF 2011 Scott, Austin Terry Whitfield suspend the rules and pass the bill Sensenbrenner Thompson (PA) Wilson (SC) Mr. WEBSTER, from the Committee (H.R. 1254) to amend the Controlled Sessions Thornberry Wittman on Rules, submitted a privileged report Substances Act to place synthetic Shimkus Tiberi Wolf (Rept. No. 112–317) on the resolution (H. drugs in Schedule I, as amended. Shuster Tipton Womack Simpson Turner (NY) Woodall Res. 487) providing for consideration of The Clerk read the title of the bill. Smith (NE) Turner (OH) Yoder the bill (H.R. 1633) to establish a tem- The text of the bill is as follows: Smith (NJ) Upton Young (AK) porary prohibition against revising any H.R. 1254 Smith (TX) Walberg Young (IN) national ambient air quality standard Be it enacted by the Senate and House of Rep- NOES—184 applicable to coarse particulate mat- resentatives of the United States of America in Congress assembled, Ackerman Gonzalez Pallone ter, to limit Federal regulation of nui- Altmire Green, Al Pascrell sance dust in areas in which such dust SECTION 1. SHORT TITLE. Andrews Green, Gene Pastor (AZ) is regulated under State, tribal, or This Act may be cited as the ‘‘Synthetic Drug Baca Grijalva Payne local law, and for other purposes, Control Act of 2011’’. Baldwin Gutierrez Pelosi SEC. 2. ADDITION OF SYNTHETIC DRUGS TO Bass (CA) Hahn which was referred to the House Cal- Perlmutter SCHEDULE I OF THE CONTROLLED Becerra Hanabusa endar and ordered to be printed. Peters SUBSTANCES ACT. Berkley Hastings (FL) Pingree (ME) (a) CANNABIMIMETIC AGENTS.—Schedule I, as Berman Heinrich Polis f set forth in section 202(c) of the Controlled Sub- Bishop (GA) Higgins Price (NC) Bishop (NY) Himes Quigley HOUR OF MEETING ON TOMORROW stances Act (21 U.S.C. 812(c)) is amended by Blumenauer Hinojosa Rahall adding at the end the following: Boswell Hirono Mr. WEBSTER. Mr. Speaker, I ask Rangel ‘‘(d)(1) Unless specifically exempted or unless Brady (PA) Hochul unanimous consent that when the Reyes listed in another schedule, any material, com- Braley (IA) Holden House adjourns today, it adjourn to Brown (FL) Holt Richardson pound, mixture, or preparation which contains Butterfield Honda Richmond meet at 9 a.m. tomorrow. any quantity of cannabimimetic agents, or Capps Hoyer Ross (AR) The SPEAKER pro tempore. Is there which contains their salts, isomers, and salts of Capuano Inslee Rothman (NJ) objection to the request of the gen- isomers whenever the existence of such salts, Roybal-Allard Cardoza Israel tleman from Florida? isomers, and salts of isomers is possible within Carnahan Jackson (IL) Ruppersberger the specific chemical designation. Rush There was no objection. Carney Jackson Lee ‘‘(2) In paragraph (1): Carson (IN) (TX) Ryan (OH) Chandler Johnson (GA) Sa´ nchez, Linda f ‘‘(A) The term ‘cannabimimetic agents’ means Chu Johnson, E. B. T. any substance that is a cannabinoid receptor Cicilline Kaptur Sanchez, Loretta ELECTING A MEMBER TO A CER- type 1 (CB1 receptor) agonist as demonstrated Clarke (MI) Keating Sarbanes TAIN STANDING COMMITTEE OF by binding studies and functional assays within Clarke (NY) Kildee Schakowsky THE HOUSE OF REPRESENTA- any of the following structural classes: Clay Kind Schiff TIVES ‘‘(i) 2-(3-hydroxycyclohexyl)phenol with sub- Cleaver Kissell Schrader stitution at the 5-position of the phenolic ring Clyburn Kucinich Schwartz Mr. BECERRA. Mr. Speaker, by di- Cohen Langevin by alkyl or alkenyl, whether or not substituted Scott (VA) rection of the Democratic Caucus, I on the cyclohexyl ring to any extent. Connolly (VA) Larsen (WA) Scott, David Conyers Larson (CT) Serrano offer a privileged resolution and ask ‘‘(ii) 3-(1-naphthoyl)indole or 3-(1- Cooper Lee (CA) Sewell for its immediate consideration. naphthylmethane)indole by substitution at the Costa Levin Sherman The Clerk read the resolution, as fol- nitrogen atom of the indole ring, whether or not Costello Lewis (GA) Shuler lows: further substituted on the indole ring to any ex- Courtney Lipinski Sires tent, whether or not substituted on the naph- Critz Loebsack Slaughter H. RES. 486 thoyl or naphthyl ring to any extent. Crowley Lofgren, Zoe Smith (WA) Cuellar Lowey Resolved, That the following named Mem- ‘‘(iii) 3-(1-naphthoyl)pyrrole by substitution Speier Cummings Luja´ n ber be and is hereby elected to the following at the nitrogen atom of the pyrrole ring, wheth- Stark Davis (CA) Lynch standing committee of the House of Rep- er or not further substituted in the pyrrole ring Sutton Davis (IL) Maloney resentatives: Thompson (CA) to any extent, whether or not substituted on the DeFazio Markey Thompson (MS) COMMITTEE ON THE JUDICIARY.—Mr. Polis. naphthoyl ring to any extent. DeGette Matheson Tierney Mr. BECERRA (during the reading). ‘‘(iv) 1-(1-naphthylmethylene)indene by sub- DeLauro Matsui stitution of the 3-position of the indene ring, Deutch McCarthy (NY) Tonko Mr. Speaker, I ask unanimous consent Towns whether or not further substituted in the indene Dicks McCollum that the resolution be considered as Dingell McDermott Tsongas ring to any extent, whether or not substituted Doggett McGovern Van Hollen read and printed in the RECORD. on the naphthyl ring to any extent. Donnelly (IN) McNerney Vela´ zquez The SPEAKER pro tempore (Mr. ‘‘(v) 3-phenylacetylindole or 3-benzoylindole Doyle Meeks Visclosky RENACCI). Is there objection to the re- by substitution at the nitrogen atom of the Edwards Michaud Walz (MN) Wasserman quest of the gentleman from Cali- indole ring, whether or not further substituted Ellison Miller (NC) in the indole ring to any extent, whether or not Engel Miller, George Schultz fornia? Eshoo Moore Waters There was no objection. substituted on the phenyl ring to any extent. Farr Moran Watt The resolution was agreed to. ‘‘(B) Such term includes— Fattah Murphy (CT) Waxman ‘‘(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3- Filner Napolitano Welch A motion to reconsider was laid on hydroxycyclohexyl]-phenol (CP-47,497); Frank (MA) Neal Wilson (FL) the table. ‘‘(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- Fudge Olver Woolsey f hydroxycyclohexyl]-phenol Garamendi Owens Yarmuth (cannabicyclohexanol or CP-47,497 C8-homolog); NOT VOTING—8 ANNOUNCEMENT BY THE SPEAKER ‘‘(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 PRO TEMPORE and AM678); Bachmann Giffords Nadler ‘‘(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073); Castor (FL) Hinchey Young (FL) The SPEAKER pro tempore. Pursu- ‘‘(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); Diaz-Balart Myrick ant to clause 8 of rule XX, the Chair ‘‘(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naph- will postpone further proceedings thoyl)indole (JWH-200); b 1730 today on the motion to suspend the ‘‘(vii) 1-pentyl-3-(2- methoxyphenylacetyl)indole (JWH-250); So the bill was passed. rules on which a recorded vote or the yeas and nays are ordered, or on which ‘‘(viii) 1-pentyl-3-[1-(4- methoxynaphthoyl)]indole (JWH-081); The result of the vote was announced the vote incurs objection under clause as above recorded. ‘‘(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole 6 of rule XX. (JWH-122); A motion to reconsider was laid on Any record vote on the postponed ‘‘(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole the table. question will be taken later. (JWH-398);

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00052 Fmt 0688 Sfmt 6333 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19146 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 ‘‘(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole lucinogenic and stimulant properties of can prove a model for our efforts on fu- (AM2201); drugs like marijuana, cocaine, and ture legislation. ‘‘(xii) 1-(5-fluoropentyl)-3-(2- methamphetamines. While these syn- I reserve the balance of my time, Mr. iodobenzoyl)indole (AM694); Speaker. ‘‘(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole thetic drugs are just as dangerous as (SR-19 and RCS-4); their traditional counterparts, they are Mr. PITTS. I yield 5 minutes to the ‘‘(xiv) 1-cyclohexylethyl-3-(2- not illegal. prime sponsor of the legislation, the methoxyphenylacetyl)indole (SR-18 and RCS-8); Many families and young people in gentleman from Pennsylvania (Mr. and our communities do not realize the de- DENT). ‘‘(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole structiveness of these synthetic drugs Mr. DENT. I certainly appreciate the (JWH-203).’’. because of their legal status and their support of Mr. PITTS and Mr. PALLONE (b) OTHER DRUGS.—Schedule I of section wide availability and often harmless- for their leadership on this issue. It’s 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by sounding names such as ‘‘Bath Salts’’ deeply appreciated. adding at the end the following: and ‘‘Plant Food,’’ both cocaine sub- This issue of synthetic or designer ‘‘(18) 4-methylmethcathinone (Mephedrone). stitutes. drugs was first brought to my atten- ‘‘(19) 3,4-methylenedioxypyrovalerone H.R. 1254 would, first, ban synthetic tion by a woman, a mother in my dis- (MDPV). drugs that imitate marijuana, cocaine, trict whose son had been abusing legal ‘‘(20) 3,4-methylenedioxymethcathinone and methamphetamines; and, second, substitutes for marijuana. These syn- (methylone). allow the Drug Enforcement Adminis- thetic cannabinoids, as they’re referred ‘‘(21) Naphthylpyrovalerone (naphyrone). ‘‘(22) 4-fluoromethcathinone (flephedrone). tration to temporarily schedule a new to, or synthetic marijuana, affect the ‘‘(23) 4-methoxymethcathinone (methedrone; substance for up to 3 years. Currently, brain in a manner similar to mari- Bk-PMMA). DEA can only temporarily schedule a juana, but can actually be even much ‘‘(24) Ethcathinone (N-Ethylcathinone). substance for up to 18 months. more harmful. ‘‘(25) 3,4-methylenedioxyethcathinone I would like to thank Congressman Synthetic marijuana, or canna- (ethylone). DENT for working with the DEA on this binoids, are just one category of de- ‘‘(26) Beta-keto-N-methyl-3,4- important issue, and I would urge my signer drugs. Even more potent sub- benzodioxyolybutanamine (butylone). ‘‘(27) N,N-dimethylcathinone colleagues to support this common- stances have properties similar to co- (metamfepramone). sense and bipartisanly supported legis- caine, methamphetamine, LSD, and ‘‘(28) Alpha-pyrrolidinopropiophenone lation. other hard street drugs. These sub- (alpha-PPP). I reserve the balance of my time. stances are marketed as innocent prod- ‘‘(29) 4-methoxy-alpha- Mr. PALLONE. Mr. Speaker, I yield ucts like bath salts, plant food, in- pyrrolidinopropiophenone (MOPPP). myself such time as I may consume. cense, and they’re sold under brand ‘‘(30) 3,4-methylenedioxy-alpha- I am pleased to support H.R. 1254, the names familiar to their users, such as pyrrolidinopropiophenone (MDPPP). Synthetic Drug Control Act. This bill ‘‘(31) Alpha-pyrrolidinovalerophenone (alpha- K2 Spice, Vanilla Sky, or Ivory Wave. PVP). enjoys bipartisan support and is aimed However, these are total misnomers de- ‘‘(32) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol- to eliminate commercial availability of signed to facilitate their legal sale. 6-amine) (MDAI). harmful synthetic narcotics. Under These drugs have no legitimate pur- ‘‘(33) 3-fluoromethcathinone. this proposal, hallucinogenic drugs pose, period. ‘‘(34) 4’-Methyl-α-pyrrolidinobutiophenone would no longer be able to hide behind H.R. 1254, the Synthetic Drug Control (MPBP).’’. misleading aliases. Act, drafted in consultation with Fed- SEC. 3. TEMPORARY SCHEDULING TO AVOID IM- During committee consideration, I eral law enforcement, has three prin- MINENT HAZARDS TO PUBLIC SAFE- TY EXPANSION. was quite alarmed to hear some of the cipal components: Section 201(h)(2) of the Controlled Substances stories shared by the bill’s sponsor, First, a prohibition of broad struc- Act (21 U.S.C. 811(h)(2)) is amended— Representative CHARLIE DENT, as well tural classes of synthetic marijuana or (1) by striking ‘‘one year’’ and inserting ‘‘2 as other Members. Around the country, the cannabinoids; years’’; and constituents have been able to utilize Two, a prohibition of synthetic stim- (2) by striking ‘‘six months’’ and inserting ‘‘1 synthetic products to the detriment of ulants and other designer drugs, such year’’. their mental and physical health and, as bath salts, mephedrone, MDPV, C2E, The SPEAKER pro tempore. Pursu- in some cases, costing them their lives. et cetera, several of those; ant to the rule, the gentleman from Unfortunately, these imitation drugs Third, an expansion of the DEA’s ex- Pennsylvania (Mr. PITTS) and the gen- are not illegal, and there is a critical isting authority to temporarily ban a tleman from New Jersey (Mr. PALLONE) need to strengthen the Federal Govern- new substance from 11⁄2 to 3 years. each will control 20 minutes. ment’s ability to keep these harmful Under current law, if the DEA and De- The Chair recognizes the gentleman and dangerous drugs off the street. The partment of Health and Human Serv- from Pennsylvania. Synthetic Drug Control Act adds spe- ices can prove that a substance is, one, GENERAL LEAVE cific synthetic versions of drugs of dangerous and, two, lacking legitimate Mr. PITTS. Mr. Speaker, I ask unani- abuse to Schedule I of the Controlled value while it is temporarily banned, mous consent that all Members may Substances Act. These designer drugs the prohibition will become perma- have 5 legislative days in which to re- mimic some of the effects of drugs such nent. vise and extend their remarks and in- as marijuana and can be very unsafe, Over the past year there’s been a sert extraneous materials in the causing convulsions, anxiety attacks, sharp increase in the number of new re- RECORD. and dangerously elevated heart rates, ports detailing horrific stories of indi- The SPEAKER pro tempore. Is there among other conditions. viduals high on synthetic drugs. A man objection to the request of the gen- Under current authority, the Drug in Scranton, Pennsylvania, stabbed a tleman from Pennsylvania? Enforcement Agency has difficulty priest, and another jumped out a three- There was no objection. taking action against these drugs be- story window, both high on bath salts. Mr. PITTS. Mr. Speaker, I yield my- cause they’ve been designed to fall out- Several deaths from West Virginia to self such time as I may consume. side existing statutory descriptions of Florida to Pennsylvania to Iowa have H.R. 1254 was introduced by my Schedule I drugs. H.R. 1254 will enable been attributed to abuse of synthetic friend and colleague from Pennsyl- the Drug Enforcement Agency to take drugs. vania, Representative CHARLIE DENT, appropriate enforcement actions to get Senator CHUCK GRASSLEY of Iowa has in response to a frightening trend of them off the street and away from our introduced a companion bill with pro- synthetic drug use in our communities. Nation’s youth. visions very similar to H.R. 1254, These synthetic drug substitutes, made Mr. Speaker, I urge my colleagues to named after one of his young constitu- from chemical compounds that are sold vote in support of this legislation, and ents who tragically took his own life legally in most States, mimic the hal- I hope the way we work together on it while high on synthetic marijuana.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19147 b 1740 And now every day, and that’s not just public. This includes the ‘‘2C family’’ of A man in my district was arrested typical in Philadelphia but throughout drugs (dimethoxyphenethylamines), which are generally referred to as synthetic psy- this past May for firing a gun out of his the country. I urge my colleagues to support this legislation. chedelic/hallucinogens. Recently, a 19-year- window in a university neighborhood. old male in Minnesota died of cardiac arrest Police charges indicate that he in- You will also hear some folks here after allegedly ingesting 2C–E, one of the jected himself with bath salts, and he today who might actually argue that substances within this class of drugs. We later told police he thought there were medical research will somehow be im- note that the 2C substances listed in the at- people on the roof watching him. peded. Nothing could be further from tached Appendix are included in the list of Finally, I was approached by another the truth. This legislation does not in substances covered by S. 839. The Depart- distraught mother from my district any way impede medical research. I ment supports the addition of the 2C family would be happy to get into that at of substances listed in the Appendix to H.R. whose son was hospitalized for over 2 1254. weeks after suffering liver failure and some point. Products containing synthetic drugs are other complications after injecting U.S. DEPARTMENT OF JUSTICE, dangerous and represent a growing challenge himself with bath salts. These sub- OFFICE OF LEGISLATIVE AFFAIRS, to law enforcement. Apart from the wide stances pose a substantial risk, both to Washington, DC, September 30, 2011. array of harmful or even lethal side effects of the physical health of the user as well Hon. F. JAMES SENSENBRENNER, Jr., many of the listed substances, neither the Subcommittee on Crime, Terrorism, and Home- products nor their active ingredients have as to the safety of those around them land Security, Committee on the Judiciary, when these drugs contribute to dan- been approved by the Food and Drug Admin- House of Representatives, Washington, DC. istration for use in medical treatment, and gerous, psychotic behavior, suicide, DEAR MR. CHAIRMAN. This letter provides manufacturers and retailers of the products and public endangerment. the Department of Justice’s views on H.R. containing these substances do not disclose The fact that these drugs are legal in 1254, as amended by the Committee on En- that there are synthetic drugs in their prod- many States contributes to the mis- ergy and Commerce, titled the ‘‘Synthetic ucts. Synthetic drug abusers may endanger conception that they are safe. And the Drug Control Act of 2011.’’ The bill would not only themselves but others: some be- use of easily recognizable brand names amend the Controlled Substances Act (CSA) come violent when under the influence of to address the growing use and misuse of and logos on the packaging promotes these substances, and abusers who operate synthetic drugs by placing a number of sub- motor vehicles after using synthetic drugs the concept of a consistent product. stances in schedule I and by extending the Significant variations of potency likely present similar dangers as those under length of time that a drug may be tempo- the influence of controlled substances. from one unit to the next have led re- rarily placed in schedule I. With the exception of the five substances current users to inadvertently over- We support the bill as drafted, but believe recently controlled by the Drug Enforcement dose. One of the major difficulties in it can be strengthened with the addition of Administration (DEA) pursuant to its tem- combating these designer drugs is the the ‘‘2C family’’ of drugs listed in an appen- porary scheduling authority, the listed syn- ability of the producers to skirt the dix to this letter and in S. 839. The Depart- thetic cannabinoids and synthetic stimu- law with different chemical variations. ment also supports the goals of S. 605, Dan- lants are not currently in any schedule gerous Synthetic Drug Control Act of 2011 or By modifying the formula in some under the CSA. the ‘‘David Mitchell Rozga Act’’; S. 839, Com- EFFORTS TO CONTROL SYNTHETIC DRUGS minor way, producers can generate a bating Designer Drugs Act of 2011; and S. 409, Congress created an interagency process new compound which circumvents legal Combating Dangerous Synthetic Stimulants for placing new and emerging drugs into one prohibitions but has similar narcotic Act of 2011. H.R. 1254 already contains many of five schedules of the CSA (21 U.S.C. 811 et provisions included in S. 605 and S. 409, and events. DEA needs enhanced authority seq.). One such mechanism, temporary sched- we urge that the bill be expanded to include to temporarily schedule new variations uling (21 U.S.C. 811(h)), was specifically de- the provisions of S. 839. when they hit the market, and they signed to enable the Department to act in an usually hit Europe first, and then they THE THREAT OF SYNTHETIC DRUGS expeditious manner if such action is nec- enter the United States. In recent years, a growing number of dan- essary to avoid an imminent hazard to the A growing number of States, includ- gerous products have been introduced into public safety. In response to the growing ing Pennsylvania, have enacted bans the U.S. marketplace. Products labeled as threat posed by known synthetic on many forms of synthetic drugs, but ‘‘herbal incense’’ have become increasingly cannabinoids, on March 1, 2011, the DEA tem- popular, especially among teens and young Federal action is necessary to prevent porarily placed the following five synthetic adults. These products consist of plant mate- cannabinoids in schedule I: JWH–018, JWH– these drugs from being obtained by rials laced with synthetic cannabinoids 073, JWH–200, CP–47, 497, and CP–47, 497 C8 simply crossing State lines or, increas- which, when smoked, mimic the deleterious homologue. ingly, ordering them over the Internet. effects of delta-9- tetrahydrocannabinols The DEA is currently gathering scientific I believe over 30 States have passed (THC), the principal psychoactive con- data and other information about synthetic bans, if my memory serves me cor- stituent in marijuana. To underscore the cathinones as well as evaluating their rectly. State-by-State differences in scope and breadth of the synthetic psychoactive effects to support administra- which individual substances are con- cannabinoid problem, a recent report pre- tive action to schedule these substances trolled and how strongly makes for a pared by the United Nations Office on Drugs under the CSA. To temporarily schedule and Crime (UNODC) notes that more than 100 these stimulants, the DEA must find that confusing legal patchwork, and Federal such substances have been synthesized and placement in schedule I is necessary to avoid legislation certainly will facilitate en- identified to date.’’ an imminent hazard to the public safety, a forcement. There is also growing evidence dem- finding that requires the DEA to consider The U.S. Department of Justice an- onstrating the abuse of a number of sub- the following three factors: history and cur- nounced its support of H.R. 1254 as stances labeled as ‘‘bath salts’’ or ‘‘plant rent pattern of abuse; the scope, duration, amended by the House Judiciary Com- foods’’ which, when ingested, snorted, and significance of abuse; and what, if any, mittee in a letter dated September 30, smoked, inhaled, or injected, produce stimu- risk there is to the public health, including 2011, and I would submit that for the lant and other psychoactive effects. These actual abuse; diversion from legitimate synthetic stimulants are based on a variety channels; and clandestine importation, man- RECORD. of compounds and are purported to be alter- ufacture, or distribution. Once data have I also want to point out, too, that the natives to the controlled substances cocaine, been gathered to meet the statutory criteria American College of Emergency Physi- amphetamine, and Ecstasy (MDMA). These to temporarily schedule these cathinones, cians, which notes the devastating drugs have been distributed and abused in the Department will initiate an action to physical and psychotic effects of these Europe for several years and have since ap- temporarily place them into schedule 1. In drugs, has also endorsed this bill, and I peared here in the United States. According fact, on September 8, 2011, the DEA pub- think that’s quite significant as well. to a recent National Drug Intelligence Cen- lished a notice of intent in the Federal Reg- Finally, go to a hospital like Chil- ter report, poison control centers and med- ister (21 FR 55616) to temporarily place dren’s Hospital of Philadelphia—they’ll ical professionals around the country have mephedrone, methylone and MDPV in sched- reported an increase in the number of indi- ule I. tell you they get a case every day with viduals suffering adverse physical effects as- Unfortunately, however, the distribution individuals who are suffering from sociated with abuse of these drugs. and abuse of synthetic drugs cannot be fully these particular drugs. A year ago at There are other newly developed drugs addressed by temporary scheduling because this time, they probably got no calls. that also pose a significant threat to the as law enforcement investigates, researches,

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19148 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 and develops evidence to support such ac- (41) 2-(2,5-Dimethoxyphenyl)ethanamine to bring H.R. 1254, which includes a bill tion, illicit drug makers create new syn- (2C-H). I introduced in April, to the floor thetic drugs for the purpose of evading fed- (42) 2-(2,5-Dimethoxy-4-nitro-phenyl) today. You have heard no research can eral law. Scheduling via legislation is an ad- ethanamine (2C-N). ditional tool to promote public health and (43) 2-(2.5-Dimethoxy-4-(n)-propylphenyl) be conducted if this passes, but those safety. ethanamine (2C-P).’’ claims are false. It can be conducted. PURPOSE OF LEGISLATION Mr. PALLONE. Mr. Speaker, I yield 1 Research is being done and will con- Placing synthetic carnnabinoid and syn- minute to the gentleman from Maine tinue to be done on Schedule I chemi- thetic stimulant substances in schedule I (Mr. MICHAUD). cals. Just listen to the ER doctors and would expose those who manufacture, dis- Mr. MICHAUD. I thank the gen- the poison control centers that have tribute, possess, import, and export syn- tleman for yielding. both asked for this bill, that both want thetic drugs without proper authority to the Mr. Speaker, I rise today as a cospon- this bill to save lives. full spectrum of criminal, civil, and adminis- sor and a strong supporter of this bill. Too many lives have been lost and trative penalties, sanctions, and regulatory too many violent acts have been al- controls. Unless authorized by the DEA, the The spread of synthetic drugs like bath manufacture and distribution of these sub- salts has quickly reached crisis levels ready committed due to these drugs. stances, and possession with intent to manu- in many communities throughout our These dangerous substances are being facture or distribute them, would be a viola- country. This year in Maine, the Ban- packaged and marketed to our children tion of the CSA and/or the Controlled Sub- gor Police Department has responded by using innocuous names like Ivory stances Import and Export Act. to hundreds of bath salts-related inci- Snow, Bliss, and Vanilla Sky. Today I H.R. 1254, as well as S. 409, would amend dents. urge support for H.R. 1254. Let’s get the the CSA by expanding the list of substances substances off the streets and out of in schedule I of the CSA (21 U.S.C. 812(c)). To In October, I organized a meeting of address synthetic cannabinoid abuse, the bill local, county, State, and Federal law the hands of our children. names 15 unique substances that would be enforcement officials to discuss the Mr. PALLONE. Mr. Speaker, I yield placed in schedule I; this list includes those spread of bath salts in our State. The the balance of my time to the gen- temporarily scheduled by the DEA. Addition- message they shared with me was tleman from Virginia (Mr. SCOTT), a ally, the bill creates five structural classes clear, and the message they shared member of the Committee on the Judi- of substances collectively referred to as ciary. ‘‘cannabimimetic agents.’’ In order for a sub- with the ONDCP Deputy Director Ben Tucker was also clear: We need to give The SPEAKER pro tempore. Without stance to be a cannabimimetic agent, the objection, the gentleman from Virginia substance must: (1) bind to the CB1 receptor; our law enforcement officers more and (2) meet any of the definitions for those tools to combat this epidemic. will control the time. structural classes. If both criteria are met, While Maine has banned bath salts, a There was no objection. that substance will be a schedule I national law will build upon that good Mr. SCOTT of Virginia. I thank the cannabimimetic agent controlled substance. work and help make this a bigger im- gentleman for yielding, and I yield my- To address emerging synthetic stimulant 1 pact all across the country. So I urge self 2 ⁄2 minutes. abuse, H.R. 1254 names 17 unique substances Mr. Speaker, this bill will place over that would be placed in schedule I. These my colleagues to support the Synthetic Drug Act. 40 chemical compounds on Schedule I substances have either been encountered by of the Controlled Substances Act at a law enforcement here in the United States or Mr. PITTS. Mr. Speaker, I yield 2 are most likely to be encountered by law en- minutes to the gentlelady from Flor- time when only eight of these sub- forcement in the United States based on ida, Congresswoman SANDY ADAMS, stances can even be found in the United their use and misuse in Europe, which is who was formerly in law enforcement. States. And it does so in a way that likely where the use and misuse originated. Mrs. ADAMS. Thank you, Congress- circumvents the normal process, that Finally, the bill seeks to double the man PITTS. skirts scheduling substances, and does amount of time allowed for the Department Mr. Speaker, in October 2010, a 31- so without any scientific or medical re- to temporarily schedule new and emerging search or evidence to support it. drugs by amending 21 U.S.C. 811(h). In this year-old Texas man hanged himself in regard, the bill seeks to enhance the tools the bedroom. At the top of his suicide Congress has a process for placing available to the Department to combat the note the man wrote, ‘‘Thanks, bath substances on drug schedules. The abuse of new drugs that will appear in the fu- salts.’’ Criminal Code sets forth a process that ture. January 2011 in Panama City, Flor- the Attorney General and the Sec- For these reasons, the Justice Department ida, a daughter tried to attack her retary of Health and Human Services supports H.R. 1254 and recommends that the sleeping mother with a machete before must engage in to determine the pro- Committee consider strengthening it in the priety of scheduling substances. The ways we have proposed. fleeing the scene. Police said she had Thank you for the opportunity to present spent several days taking drug-altered Secretary must conduct a scientific our views. The Office of Management and bath salts. and medical evaluation and provide Budget has advised us that from the perspec- June, 2011, a 38-year-old Army ser- recommendations about whether the tive of the Administration’s program, there geant murdered his wife and killed substances being analyzed need to be is no objection to the submission of this let- himself following a police chase. Both controlled. And this needs to be a sci- ter. had chemically altered bath salts in entific study, not a compilation of Sincerely, their systems. Later in the day, the anecdotes. RONALD WEICH, In this there is a mechanism for ad- Assistant Attorney General. couple’s 5-year-old son was found dead dressing emergencies. In the case APPENDIX with a plastic bag over his head and where the Attorney General on his own Additional Synthetic Drugs for Inclusion bruises on his body. in section 202(c) of the Controlled Substances Horrific cases just like these have determines that there is an emergency, Act (21 U.S.C. 812(c)): been documented across the country. the Code provides that substances may Redline of H.R. 1254, as amended by Energy These incidents led many States, in- be placed on Schedule I for up to 11⁄2 and Commerce on July 28, 2011— cluding my home State of Florida, to years while the evidence is being devel- ‘‘(35) 2-(2,5-Dimethoxy-4-ethylphenyl) outlaw these often dangerous and dead- oped to permanently schedule them. ethanamine (2C-E). Moreover, the Judiciary Committee (36) 2-(2,5-Dimethoxy-4-methylphenyl) ly substances. ethanamine (2C-D). Earlier this year, I introduced legis- during our consideration received nu- (37) 2-(4-Chloro-2,5-dimethoxyphenyl) lation to add MDPV and mephedrone, merous statements from pharma- ethanamine (2C-C). chemicals added to bath salts to induce ceutical and medical researchers im- (38) 2-(4-lodo-2,5-dimethoxyphenyl) a drug high, to Schedule I of the Con- ploring us not to hamper their ability ethanamine (2C-I). trolled Substances Act. These sub- to determine possible medical uses of (39) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] these substances by placing them on ethanamine (2C-T-2). stances are not marketed for human (40)2-[4-(lsopropylthio)-2,5- consumption. Schedule I, which makes it illegal to dimethoxyphenyl It also is why I have joined Rep- possess these substances without a per- -[ethanamine (2C-T-4). resentative CHARLIE DENT in his work mit even for research purposes.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.001 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19149 This includes promising research on drugs. He became violently ill—having Mr. SCOTT of Virginia. I yield the the cure for Parkinson’s disease that seizures, vomiting, and hallucinations. gentlelady an additional minute. would be compromised by this bill. I really want to thank the Rozga Ms. ZOE LOFGREN of California. Now, even with a permit, the restric- family for their selfless willingness to Here is what Dr. Neal Benowitz, M.D., tions placed on researchers once they relive the tragedy they’ve experienced, the chief of the Division of Clinical are placed on Schedule I are unduly on- and I want to thank them for their ef- Pharmacology at the University of erous. So there are legal uses of these forts to prevent other families from ex- California, San Francisco, writes: substances. periencing the same heartbreak. This ‘‘While we support restrictions on the Mr. Speaker, when Congress estab- legislation and other efforts to address sale of these chemicals for purposes of lished a process for the Secretary and this threat to our children would sim- illicit use . . . scheduling so as to im- the Attorney General to do their due ply not have occurred without the pede access to precursor chemicals in diligence and study the propriety of Rozgas’ courage, strength, and leader- small quantities has the potential to placing substances on Schedule I, we’ve ship. seriously hamper medical research. On had a very thoughtful process. And if I am heartened today that Congress balance, the faculty are against this we want to establish good crime policy, has listened to their message and is measure.’’ we need to follow that thoughtful proc- taking action. It is time to recognize John Arnold, the faculty director of ess. H.R. 1254 circumvents that process. how dangerous these substances are the Berkeley Center for Green Chem- For these reasons, I urge a ‘‘no’’ vote and to ban their sale in the United istry, writes: on H.R. 1254. States by clarifying their status as ‘‘This effort is well-intentioned, but I reserve the balance of my time. Schedule I controlled substances. As a it will cause more problems than it cosponsor of H.R. 1254, I urge my col- solves.’’ b 1750 leagues to support the passage of this We are all against drugs that harm Mr. PITTS. Mr. Speaker, I yield 4 most important piece of legislation. our people; but we had no hearings in minutes to the gentleman from Iowa, Mr. SCOTT of Virginia. Mr. Speaker, the Judiciary Committee on this, and I Congressman TOM LATHAM. I yield 2 minutes to the gentlelady think the placing of these molecules on Mr. LATHAM. I thank the chairman from California (Ms. ZOE LOFGREN). Schedule I is evidence of that lack of and the ranking member for this oppor- Ms. ZOE LOFGREN of California. We scholarship. These drugs need to be are all opposed to the damage that tunity today. controlled, but they need to be con- these drugs can do to the American Mr. Speaker, I rise in support of H.R. trolled in such a way that there is no people, but I have to express my oppo- 1254, the Synthetic Drug Control Act. harm done to the vital scientific and This bill addresses an alarming danger sition to this bill. My concern about the bill is its effect medical research that we count on. to our kids that many American fami- I join the gentleman from Virginia in lies may not be aware of. on scientific research. When a drug is placed on Schedule I of the Controlled urging a ‘‘no’’ vote on this bill in the Many American teenagers are experi- hopes that we can come back with a menting with synthetic drugs that sup- Substances Act, it becomes difficult to obtain not only for illegal purposes but measure that accomplishes the worthy posedly mimic the effects of marijuana for researchers who wish to study its goals without doing damage to sci- or other types of drugs. These prod- pharmaceutical and medical potential. entific research, which will save so ucts, known as K2, Pure Evil, Cloud While this may be justified for some many lives. Nine, and other names, can often be drugs, it isn’t a restriction that should Mr. PITTS. Mr. Speaker, I yield 2 bought legally at convenience stores or be implemented rashly. That’s because minutes to the gentleman from Penn- at so-called ‘‘head shops’’ where it becomes very difficult for scientists sylvania, a former prosecutor, Con- they’re passed off as incense or bath to get permission to obtain these mol- gressman PAT MEEHAN. salts. In reality, the users of these sub- ecules even for the scientific study Mr. MEEHAN. I rise in support of stances can experience unexpected anx- that we need. H.R. 1254 for the very practical reason iety attacks, extreme paranoia, hallu- For example, in the United States, that, as a prosecutor, I have seen the cinations, and thoughts of suicide; and only 325 researchers have been able to impact of what can be done when chil- the users are at serious risk of harming obtain Schedule I licenses at this mo- dren are lured into the false promise, themselves. ment. Congress established the proce- into the sense that somehow, because Our experience with this issue in the dure for scheduling drugs, and it re- it’s synthetic, it doesn’t present the State of Iowa illustrates why a Federal quires a scientific and medical evalua- same kind of danger as the drugs that ban on these dangerous substances is tion. This bill would bypass that proc- are often believed to be the most dan- so important. A year and a half ago ess rather than relying on scientific gerous—the heroins, the cocaines. yesterday, 18-year-old David Rozga, and medical experts. I’ve heard from These are luring kids into a false sense from Indianola, Iowa, shot himself faculty from a range of universities, of security. after taking K2. In response to the and they’ve shared their concerns As has been suggested, this evidence tragedy, David’s parents, Mike and about the impact. isn’t anecdotal. I have had the chance Jan, have led a campaign to outlaw Here is what Warren Heideman, to visit an emergency department at synthetic drugs like K2. They testified Ph.D., professor of pharmaceutical one of the leading children’s hospitals before Congress about the dangers of sciences and associate dean for Re- in the Nation where we have seen a the drug and enlisted the help of their search, School of Pharmacy, at the dramatic rise in families who are being elected Representatives in cracking University of Wisconsin-Madison affected because their children are down on the sale and abuse of these writes: coming in and are under the control of substances. ‘‘The bill is an irrational, simplistic these synthetic substances. For that My colleagues, we must act on this response to a social problem of great reason, the American College of Emer- issue to protect our kids. And the time complexity. As such, the world will get gency Physicians supports this bill. is now. The threat posed by synthetic significantly less medical and tech- Lastly, I think we have it backwards. drugs is dangerous, and it’s growing. In nical help with a low probability of If what we’re trying to say is that the past 2 weeks alone, there have been helping anyone with a substance abuse somehow we’ve got to let these chil- several cases where teens have been in- issue. The list is too broad and does se- dren be exposed while we wait with the jured or hospitalized after taking syn- riously restrict what would otherwise potential that there could be research thetic drugs. In Polk County, three be important and easy experiments. done, the fact of the matter is I have teens were involved in a high-speed Paperwork problems are already a seri- worked with pharmaceutical compa- crash after smoking one of these sub- ous campus concern.’’ nies and with the DEA to be able to get stances. In central Iowa, a teenage boy The SPEAKER pro tempore. The access to drugs that have been held was hospitalized after taking synthetic time of the gentlewoman has expired. under control. That can be done in

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19150 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 working with the DEA. That’s the solu- 18 months to 3 years; it doubles it. Yet Perhaps they shouldn’t be scheduled tion. It’s not the solution to put our there’s been no hearings or evidence at all. I suspect they should be sched- kids at risk. that 18 months was insufficient, none uled, maybe Schedule II. But the sci- Mr. SCOTT of Virginia. Mr. Speaker, whatsoever. It was just a knee-jerk entists should decide this and not poli- I yield 5 minutes to the gentleman way to respond to the issue du jour. ticians. We have no basis to believe from Tennessee (Mr. COHEN). This is a very serious issue and de- they belong in Schedule I. Haven’t we Mr. COHEN. I appreciate the gen- serves serious study and consideration learned from this Nation’s 40-year ex- tleman from Virginia for yielding the before we act, as all bills before Con- periment with the war on drugs? time. gress should. I fear that this bill con- Prohibition does not work. It is an I rise in opposition to this particular tinues the misguided policies that expensive and counterproductive policy bill. It’s not that I am, indeed, in favor we’ve created towards drugs in this that fills up our prisons and places a of any of the particular drugs that are country. mark on our citizens that can make here; but just like Mrs. ADAMS, my col- Just look at our experience with jobs, housing, and education nearly im- league from Florida mentioned, the marijuana, which Congress placed on possible to obtain. We should focus our State of Florida has already Schedule I in 1970. According to the cri- efforts on educating young people criminalized it, as many States have, teria of the Controlled Substances Act, about the substances and continue to and it’s really a State issue. it supposedly has a high potential for do research about their benefits and It seems interesting. When the sub- abuse, has no currently accepted med- risks. ject du jour comes up, the item of the ical use in treatment in the United Instead of basing our drug policy on day, there is a rush to action and a States, and there is a lack of accepted science, we are letting it be driven by rush to forget States’ rights. There is a safety for use of the drug under med- politics. This bill continues that trend, desire on gun bills to overlook the ical supervision. and regrettably I must urge its defeat. States and to have a Federal law on Let’s put aside for a minute the ques- We need to send this bill back to com- the interstate shipment of guns or on tion of whether it has a potential for mittee and take a careful, considerable the interstate transportation of guns abuse. Certainly there’s a lot of evi- review so that we can have Congress by people with permits. In this situa- dence that it does not. But I think make this decision on a scientific basis tion, drugs that should be criminalized thousands of people who depend on with help from the scientists. are criminalized at the State level, but marijuana to treat the effects of such The SPEAKER pro tempore. The all of a sudden we’re doing it more at diseases as AIDS, cancer, glaucoma, time of the gentleman has expired. the Federal level. and multiple sclerosis would take issue Mr. SCOTT of Virginia. I yield the This bill would place more than 40 with the notion that it has no medical gentleman 1 additional minute. chemical compounds on Schedule I, the use, and 15 or so States have legalized Mr. COHEN. The DEA can use its most punitive and restrictive schedule, it for medical use. It increases appetite emergency powers to temporarily without any independent scientific evi- and eases pain in a way that has helped schedule these substances while letting dence that doing so is necessary or countless people in the last stages of the scientific process play out. Let’s warranted. It is a rush to legislate be- life. put science first and politics second. fore we know all the facts. But we treat our approach to drugs Let’s defeat this bill. This bill essentially bans these sub- as a law enforcement matter, not a sci- If we put science first and politics stances without any study whatsoever. entific matter, and we’ve placed mari- second, maybe we won’t be in single I’ve read the press reports of young juana in Schedule I, the most restric- figures in the public’s mind as an orga- people who have been harmed by these tive schedule. Meanwhile, the scientific nization that they support as an insti- substances and by others, and I’m very community is urging that we resched- tution. Part of the 9 percent level is be- sympathetic as that’s certainly wrong; ule marijuana so we can continue to cause we do things sometimes in a rush but we shouldn’t legislate on the basis conduct important research and make to judgment and politics and the issue of anecdotal evidence. It’s typical of it available to those in need. du jour rather than allowing the sci- the ‘‘shoot first and ask questions Recently, the California Medical As- entific process and doing what is logi- later’’ approach that we have taken to sociation called for cannabis to be le- cally best for our Nation to prevail. drug policy in this country for decades. galized and regulated, primarily so I urge the defeat of this bill. Our national drug policy should be that scientists can gain access to it Mr. PITTS. Mr. Speaker, may I in- driven by science, not politics. We’ve and conduct further research. They ad- quire how much time remains on each already gotten a well-deserved reputa- vocated wider clinical research with side? tion here as a do-nothing Congress; but accountable and quality-controlled The SPEAKER pro tempore. The gen- bills like this and our attitudes to- production of cannabis. None of this tleman from Pennsylvania has 61⁄2 min- wards clean air, clean water, global cli- can happen with the tight restrictions utes remaining, and the gentleman mate change, and other environmental we’ve placed on cannabis. That’s ex- from Virginia has 6 minutes remaining. issues have made this the no-respect- actly the situation we may find our- Mr. SCOTT of Virginia. Mr. Speaker, for-science Congress as well. selves in with the substances named in I tell my colleague that I am prepared this bill. to close. b 1800 I know that licenses are available for Mr. PITTS. I yield 1 minute to the The DEA has already taken steps to research in the Schedule I drugs, but gentleman from Pennsylvania (Mr. temporarily place certain synthetic there’s no reason to make researchers MARINO), a former prosecutor. substances on Schedule I while it con- go through such hoops. It is nearly as Mr. MARINO. Thank you, Chairman. ducts a review. If there is an emer- easy to get permission to do research Mr. Speaker, I recently coauthored a gency that requires temporarily sched- on a Schedule I drug as it would be to letter with my colleagues, Representa- uling the other substances in this bill, go to the Vatican and ask for a grant tive SANDY ADAMS and Representative the DEA can review them and do that to study birth control. TREY GOWDY, concerning this very just as well. We don’t know what medical benefits issue, and I’d like to read just a para- But we shouldn’t circumvent the these substances may contain and we graph: process established in law. I don’t don’t know the true risk they pose. ‘‘As of October 4, 2011, the DEA has think this is a responsible way to legis- Perhaps they belong in a lower sched- 325 researchers conducting research late. I know the sponsors of this bill ule. And Schedule II would certainly with Schedule I controlled substances. know about the emergency review deter young people from using them These researchers include research cen- process because the bill doubles the and others and set a penalty stage. But ters and universities who seek to bet- length of time a bill can be put on we have no idea. We just decided to ter understand the effects of Schedule I emergency review on a schedule from throw the book and make it Schedule I. controlled substances. Additionally, as

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19151 of October 4, 2011, the DEA has 3,983 ac- turb promising research, particularly this type of research. DEA is not in the tive registrants who manufacture, re- on Parkinson’s disease, and so they business of turning researchers away, search, and conduct chemical analysis have asked us not to pass this bill. so I want to be clear on these points. with Schedule I controlled substances. We should follow the thoughtful There’s so much more that can be ‘‘In fact, many researchers who process for scheduling drugs and defeat said on this. But again, research will would conduct research to better un- this bill. not be impeded in any way. There is a derstand the compounds controlled in I yield back the balance of my time. mechanism, there is a process in place H.R. 1254 are already registered with Mr. PITTS. Mr. Speaker, I yield the to do research on these Schedule I the DEA, which means there would be balance of my time to the prime spon- drugs. It’s well established. This has virtually no impact on ongoing re- sor of the bill, the gentleman from nothing to do with the medical mari- search.’’ Pennsylvania (Mr. DENT). juana debate. I heard that argued ear- Mr. Speaker, as a former prosecutor Mr. DENT. I do want to address a few lier, too. We’re talking about synthetic for 18 years at the State and local of the statements I heard on the floor marijuana and synthetic cocaine. This level, I have seen firsthand the disaster from my friends from Tennessee and stuff is dangerous. And, in fact, some this drug causes. Virginia. would argue worse than the real stuff, The SPEAKER pro tempore. The My friend from Tennessee made some so let’s get to it. time of the gentleman has expired. comments, but I want to be very clear, This is about public safety. This is Mr. PITTS. I yield the gentleman an these drugs are dangerous, have a high about the health of our constituents. additional 30 seconds. potential for abuse and no accepted We know what’s going on. In fact, Mr. MARINO. I have seen firsthand medical use, which is why they belong somebody pointed out to me today that what this drug does. If it doesn’t kill on Schedule I. Schedules II and V are a store in Washington, D.C., a few our children, it makes them suicidal; it reserved for drugs used in legitimate blocks from the Capitol, somebody is makes them incredibly violent. medical procedures. selling this stuff. My State and over 30 And I still get calls, as a former pros- So we’re talking about Schedule I other States have seen this problem. ecutor, from hospitals and emergency here, not Schedules II through V. Let They know what’s happening across service personnel telling me the vio- me be very clear on that point. this country. We need to do something lence that a child under this influence about it. DEA is alarmed by this. Jus- b 1810 causes, not only on him- or herself, but tice is on board. DEA is on board. Let’s emergency personnel. Therefore, I ask Second, the FDA has stated that the do something for the good of the Amer- my colleagues to support this legisla- drugs listed in H.R. 1254 have no med- ican people. Please pass H.R. 1254, the tion. ical use, and there are no INDs—that Synthetic Drug Control Act of 2011. It’s Mr. SCOTT of Virginia. Mr. Speaker, is, investigational new drug applica- in the best interest of the American I had another speaker that arrived un- tions—for these substances pending people, and the best interest of our expectedly. with the FDA. This is from the FDA. children. We’re doing the right thing. Mr. PITTS. I reserve the balance of H.R. 1254 will not prevent further re- Mr. WAXMAN. Mr. Speaker, the Synthetic my time. search into synthetic drugs. It’s simply Drug Control Act adds specified synthetic Mr. SCOTT of Virginia. I yield 2 min- false to say that it will. versions of drugs of abuse to Schedule I of utes to the gentleman from Illinois DEA has a routine, well-established the Controlled Substances Act. These de- (Mr. DAVIS). procedure in place to facilitate sci- signer drugs generally mimic the effects of Mr. DAVIS of Illinois. I want to entific study of Schedule I drugs, in- marijuana or of stimulants and can be unsafe, thank the gentleman from Virginia for cluding marijuana, cocaine, and heroin. causing convulsions, anxiety attacks, dan- yielding. Currently the DEA has licensed nearly gerously elevated heart rates, and bizarre and I rise in opposition to the proposed 4,000 individuals and other entities, in- dangerous behavior, among other conditions. multistate mortgage settlement cur- cluding universities, manufacturers, Under current authority, the Drug Enforcement rently being negotiated between the researchers, and labs to handle Sched- Administration (DEA) has difficulty taking ac- country’s major mortgage servicers ule I drugs for scientific and investiga- tion against these drugs because they fall out- and the State attorney generals. tional purposes. These are facts. side existing statutory descriptions of Sched- Before we haphazardly rush into a I also want to point out, my friend ule I drugs. H.R. 1254 will enable DEA to take settlement, we need to pause for what from Virginia made some comments appropriate enforcement actions to get them I call station identification, so to about I guess eight compounds having off the street and away from our Nation’s speak. been found in the United States. Actu- youth. I therefore believe it is critical that we I’m speaking on the wrong bill. ally, dozens of compounds have been deal with the threat these drugs pose. But I also rise in opposition to the found in the United States. Many bath I wish to note however that I have concerns synthetic drug bill. I think there is not salt chemicals currently are in the with the basic underlying statute that would enough research. I think there’s infor- United States, but only three synthetic now apply to these listed substances through mation still needed. I don’t think that stimulants and five synthetic this legislation. In particular, I do not support we are in a position to allow this ac- cannabinoids have been emergency the mandatory minimum sentencing provisions tion to take place, and so I join in op- scheduled by the DEA because they of the Controlled Substances Act for Schedule position to passage of this legislation. have to go chemical by chemical in I drugs, provisions that under this legislation Mr. PITTS. I am prepared to close; so order to act on this matter. They have will apply to the listed synthetic drugs as they I continue to reserve the balance of my to deal with this on a chemical-by- apply to all Schedule I drugs. Mandatory min- time. chemical basis. imum sentencing inappropriately applies a one Mr. SCOTT of Virginia. Mr. Speaker, We need Congress to give the DEA size fits all approach, eliminating the ability of in closing, this bill circumvents the authority to be more effective and get judges to exercise discretion in determining an normal thoughtful process for sched- ahead of this problem. We know that appropriate sentence in light of individual cir- uling drugs. Most of the drugs in this these drugs are coming into this coun- cumstances. The sentencing judge is in the bill can’t even be found in the United try from Europe. That’s where they’re best position to determine a fair sentence, States. And to the extent there is an coming from, these compounds. There having considered all of the evidence and hav- emergency and a need to place these on are some in Europe right now. Our goal ing heard from the parties and the defendant. a schedule, the Attorney General has is to get out in front of this before they I also believe that the administrative process the emergency process where he can have a chance to be exported into the for scheduling controlled substances should just put a drug on the schedule for a U.S. be improved, so that the Attorney General, year and a half. Another comment I heard about 325 with the help of the Secretary of Health and Medical researchers have asked us researchers, well, 325 researchers be- Human Services, can make scheduling deci- not to pass the bill because it will dis- cause that’s all who have applied to do sions without resorting to help from Congress.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19152 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 I do not know whether such improvement re- safety’’ under the Controlled Substances Act is in place for adding substances to Schedule quires legislation or regulation. I do know, should be placed under Schedule I—available I. Making decisions without scientific review is however, that it is rarely a good idea for Con- for scientific study but not sold on conven- problematic. ience store shelves. gress to make scientific determinations such The reality is that without H.R. 1254, our It is important to note that states are free to as are required to make good scheduling deci- society will continue to allow informal, un- make decisions regarding these kinds of sub- sions. supervised and unethical medical experimen- stances. I supported the reasonable step New Additionally, I believe it is incumbent upon tation—with our kids as the subjects. It be- Jersey took when it banned the synthetic DEA to reevaluate the recordkeeping and gins with unscrupulous manufacturers ob- drugs known as ‘‘bath salts’’ this summer. other regulatory requirements it imposes upon taining unknown chemical compounds from Since this bill would bypass scientific review scientists who use controlled substances for other countries. It is either manufactured and could hinder much-needed research, I overseas here or in our own backyard. These legitimate research. The agency should en- drugs are openly sold to those ‘‘18 years or urge my colleagues to vote no. sure that such research is not impeded or dis- older’’ and can be purchased at gas stations, Mr. CARNAHAN. Mr. Speaker, I rise to clar- couraged through unnecessarily onerous re- convenience stores and head shops around ify my position on H.R. 1254, the Synthetic quirements. this country. Its availability is rampant on Drug Control Act. I recognize that it is not a simple task to the internet as well. It is difficult if not im- My vote in support of H.R. 1254 is not with- strike the right balance, to exercise enough possible to find out who the people really are out reservations. I support this legislation be- control to discourage abuse but not so much that sell the chemicals or premade products. cause the health and safety of our citizens is as to discourage research that may lead to im- When it’s all said and done, it is American my primary concern. This legislation will pro- teens who are being endangered and experi- portant therapeutic advances and treatments. I mented with. tect our communities, and particularly our intend to send a letter to DEA Administrator Let’s be bold and put a stop to the newest youth, from more than forty new and dan- Michele Leonhart asking for a report on the re- drug trends that are sweeping across our na- gerous synthetic drugs. These substances strictions imposed upon researchers, particu- tion like a tidal wave—Jan Rozga, Indianola, have been the cause of violent incidents and larly those in academia who work with IA numerous deaths around the nation and it is amounts of scheduled substances too small to Ms. HIRONO. Mr. Speaker, I am voting for preferable to immediately list them as Sched- pose a serious risk of diversion. I would like to this legislation because, like the rest of my ule I as opposed to allowing them to continue know what if any improvements can be ef- colleagues, I want to see an end to the illegal to be abused in our communities. fected to eliminate or modify those require- manufacture, sale, and use of synthetic drugs Criminalizing these substances, however, ments whose costs in time and resources out- that mimic the properties of illegal drugs. will not solve the root problem of drug abuse weigh their potential benefits in hindering re- Many of these drugs are extremely dangerous in our communities. I have serious concerns search scientists from becoming drug abusers. and warrant control. In fact, some 30 states, about the over-criminalization of drugs. Man- I hope the Chairman of the Energy and Com- including Hawaii, have laws that address the datory minimum sentences lead to over-ca- merce Committee and others will join me on manufacture, sale, and use of synthetic drugs. pacity criminal justice and prison systems at the letter. I am concerned, however, that we may be significant burden to taxpayers. I have long Finally, however, while I remain concerned moving too fast. I would prefer to see a bill advocated for a comprehensive approach to about aspects of the underlying statute, the that is as important as this considered under drug abuse treatment, including education, question before us is whether these sub- regular order, with members having an oppor- prevention, treatment, research, and enforce- stances should be controlled as would be ac- tunity to offer amendments. I am hoping that ment. In fact, I have authored legislation to ex- complished through passage of this legislation. the Senate will take a more measured ap- pand accessible treatment, especially for un- I believe the answer is yes, because of the proach in considering this legislation. derserved communities, and research into cut- danger to public health posed by the listed I am especially concerned about the appli- ting edge treatment therapies. Responsible synthetic drugs. cation of mandatory minimum sentences and law enforcement is just the way to address Mr. LATHAM. Mr. Speaker, I submit the fol- Schedule I penalties that are included in this this issue, and it must be executed in conjunc- lowing letter from one of my constituents with bill. I support judicial discretion, especially tion with a robust and multifaceted approach respect to the debate on H.R. 1254 that oc- when the lives and futures of young people that targets the root of drug abuse problems. curred on December 7, 2011. are involved. I also have concerns about the impact of I know too that there are concerns that this DEAR CONGRESSMAN LATHAM: Regarding penalties in H.R. 1254 on our scientific re- the Synthetic Drug Control Act, as you could impede legitimate scientific research of search processes. While, it is regrettable that know I am a mother who lost her son to chemical compounds listed in this bill. Adjust- H.R. 1254 circumvents the process for listing these drugs and I can’t stop myself from re- ments to this legislation may be needed to en- drugs as laid out in the Controlled Substances acting to the opposition on the floor yester- sure that we don’t hinder development of fu- Act (CSA), it is necessary in this cir- day. ture biomedical breakthroughs. cumstance. The evidentiary procedure in CSA Hundreds of chemical compounds are used We need to make sure the legislation tar- has worked well for determining the listing of to make synthetic drugs manufactured under gets those most responsible for widespread the guise of bath salts, plant food, k2 and distribution of these drugs. Most important, we new substances. Unfortunately, it can be time- various names of synthetic marijuana—with intensive and the law enforcement community, the sole purpose being to ingest. These drugs need to find ways to keep our young people from using synthetic drugs. Education of par- including the Drug Enforcement Administration are smoked, snorted, injected, or put into (DEA) and the Department of Justice, sup- drinks. The label may say they are not for ents and young people is badly needed as is human consumption, but they are implicitly market regulation to reduce the availability and ports the immediate listing of these synthetic being sold as such. misuse of certain household and industrial drugs because of the harm they inflict on our Yet those opposing H.R. 1254 argue that aerosol products. Adding to our already communities. This bill increases the length of not enough research has been done to prove crowded prisons is not a real solution to the time that a new substance can be temporarily whether or not these already banned and po- scheduled by the DEA, thereby allowing more tentially future banned chemicals would very real problem of synthetic drugs. Mr. HOLT. Mr. Speaker, I rise to express time for the usual CSA listing process to be bear any medical benefit. carried out. To the contrary, not only have the syn- my opposition to H.R. 1254, the Synthetic thetic drugs included in this legislation Drug Control Act of 2011. Throughout my career I have supported sci- failed to show medicinal promise, but the While I support sensible restrictions on dan- entific research. The study of synthetic drugs Controlled Substances Act would still allow gerous substances, I am concerned about the is important for understanding their impact on research on these synthetic drugs to con- unintended consequences this bill could have health and their potential beneficial uses. Un- tinue if H.R. 1254 were enacted. on medical research. This bill has the potential fortunately, most of the substances included in Under current law, researchers, univer- to make these kinds of substances extremely this legislation have not been subjected to ex- sities and labs may register with the Drug tensive scientific study, and I am concerned Enforcement Agency (DEA) to obtain Sched- difficult for researchers to obtain. In fact, many ule I controlled substances for scientific researchers have expressed concern that the that listing them as Schedule I drugs may in- study. DEA allows thousands of labs to han- list in this bill is too broad and would restrict hibit the study of these drugs. While the DEA dle Schedule I drugs for scientific and inves- their ability to conduct important experiments. has a procedure for scientists to study Sched- tigative purposes. Chemicals with ‘‘a high Additionally, this legislation would bypass ule I controlled substances, it presents greater potential for abuse’’ and ‘‘a lack of accepted the scientific and medical review process that barriers for scientists to work with these drugs.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19153 As of October 4, 2011, the DEA has 325 re- The SPEAKER pro tempore. The suspending the rules and passing the searchers conducting research with Schedule question is on the motion offered by bill (S. 535) to authorize the Secretary I controlled substances. These researchers in- the gentleman from Pennsylvania (Mr. of the Interior to lease certain lands clude research centers and universities who PITTS) that the House suspend the within Fort Pulaski National Monu- seek to better understand the effects of rules and pass the bill, H.R. 1254, as ment, and for other purposes. Schedule I controlled substances. Additionally, amended. The Clerk read the title of the bill. as of October 4, 2011, the DEA has 3,983 ac- The question was taken. The SPEAKER pro tempore. The tive registrants who manufacture, research, The SPEAKER pro tempore. In the question is on the motion offered by and conduct chemical analysis with Schedule opinion of the Chair, two-thirds being the gentleman from Washington (Mr. I controlled substances. I encourage the sci- in the affirmative, the ayes have it. HASTINGS) that the House suspend the entific community to continue their efforts to Mr. PITTS. Mr. Speaker, I object to rules and pass the bill. understand these and other drugs. the vote on the ground that a quorum The question was taken; and (two- Mr. VAN HOLLEN. Mr. Speaker, I rise to is not present and make the point of thirds being in the affirmative) the oppose H.R. 1254, the ‘‘Synthetic Drug Con- order that a quorum is not present. rules were suspended and the bill was trol Act of 2011.’’ The SPEAKER pro tempore. Pursu- passed. I share the concerns that supporters of this ant to clause 8 of rule XX, further pro- A motion to reconsider was laid on bill have about the sale of synthetic drugs that ceedings on this question will be post- the table. are determined to be harmful. The issue here poned. is what process should be used to determine The point of no quorum is considered f whether a drug is harmful and should be withdrawn. banned. I oppose this bill because it cir- f PROVIDING FOR OUR WORKFORCE cumvents the established process for sched- AND ENERGY RESOURCES ACT uling controlled substances as illegal for any ANNOUNCEMENT BY THE SPEAKER uses without proper scientific review. This bill PRO TEMPORE The SPEAKER pro tempore. The un- short-circuits that process and substitutes the The SPEAKER pro tempore. Pursu- finished business is the question on less-informed judgment of Congress for the ant to clause 8 of rule XX, proceedings suspending the rules and passing the more considered view of scientists and ex- will resume on motions to suspend the bill (H.R. 2360) to amend the Outer Con- perts. rules previously postponed. tinental Shelf Lands Act to extend the We already have a process for banning Votes will be taken in the following Constitution, laws, and jurisdiction of drugs temporarily on an emergency basis. In- order: the United States to installations and deed, the Drug Enforcement Agency (DEA) H.R. 944, de novo; devices attached to the seabed of the has temporarily prohibited the sale or manu- S. 535, de novo; Outer Continental Shelf for the produc- facture of many of the compounds banned in H.R. 2360, de novo; tion and support of production of en- this bill as more in-depth scientific reviews are H.R. 2351, de novo; ergy from sources other than oil and conducted. I also support Maryland’s Depart- H.R. 1560, de novo; gas, and for other purposes. ment of Health and Mental Hygiene’s decision S. 683, de novo; The Clerk read the title of the bill. to ban the sale of many of these drugs in the S. Con. Res. 32, de novo. The SPEAKER pro tempore. The State. I believe that the temporary ban by the question is on the motion offered by DEA and the State bans of these drugs are f the gentleman from Washington (Mr. sufficient at this point to protect our society CALIFORNIA COASTAL NATIONAL HASTINGS) that the House suspend the from the harms caused by these synthetic MONUMENT CONSOLIDATION ACT rules and pass the bill. drugs. Congress should only act to add these The question was taken; and (two- drugs to the list of Schedule I controlled sub- The SPEAKER pro tempore. The un- thirds being in the affirmative) the stances after the process laid out in the Con- finished business is the question on rules were suspended and the bill was trolled Substance Act is completed. suspending the rules and passing the passed. bill (H.R. 944) to eliminate an unused The process established in the Controlled A motion to reconsider was laid on lighthouse reservation, provide man- Substance Act requires that the Attorney Gen- the table. eral request from the Secretary of Health and agement consistency by incorporating the rocks and small islands along the Human Services ‘‘a scientific and medical f evaluation, and his recommendations, as to coast of Orange County, California, into the California Coastal National whether such drug or other substances should NORTH CASCADES NATIONAL be so controlled. . . .’’ This process is impor- Monument managed by the Bureau of Land Management, and meet the origi- PARK SERVICE COMPLEX FISH tant for many reasons and should not be cir- STOCKING ACT cumvented by this bill. Without proper sci- nal Congressional intent of preserving entific review this bill could create significant Orange County’s rocks and small is- The SPEAKER pro tempore. The un- hurdles for medical research of cures and lands, and for other purposes. finished business is the question on treatments for various diseases. During the bill The Clerk read the title of the bill. suspending the rules and passing the mark up in the Judiciary Committee, state- The SPEAKER pro tempore. The bill (H.R. 2351) to direct the Secretary ments from medical researchers were sub- question is on the motion offered by of the Interior to continue stocking mitted stating that this bill could hamper their the gentleman from Washington (Mr. fish in certain lakes in the North Cas- ability to determine lawful uses of these sub- HASTINGS) that the House suspend the cades National Park, Ross Lake Na- stances by making them illegal to possess. R. rules and pass the bill. tional Recreation Area, and Lake Che- Gil Kerlikowske, the Director of the Office of The question was taken; and (two- lan National Recreation Area. the National Drug Control Policy (ONDCP), thirds being in the affirmative) the The Clerk read the title of the bill. stated that these drugs are dangerous, but ac- rules were suspended and the bill was The SPEAKER pro tempore. The knowledged that there is ‘‘a lack of sufficient passed. question is on the motion offered by data regarding the prevalence of bath salt A motion to reconsider was laid on the gentleman from Washington (Mr. stimulant drugs.’’ Additionally, the penalties for the table. HASTINGS) that the House suspend the possessing and distributing Schedule I drugs f rules and pass the bill. are serious. Adding over 35 additional sub- The question was taken; and (two- FORT PULASKI NATIONAL MONU- stances to the list of Schedule I drugs, for thirds being in the affirmative) the MENT LEASE AUTHORIZATION which people can be incarcerated, should not rules were suspended and the bill was ACT be taken lightly by Congress. passed. I urge my colleagues to join me in opposing The SPEAKER pro tempore. The un- A motion to reconsider was laid on this bill. finished business is the question on the table.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19154 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 ALLOWING YSLETA DEL SUR A motion to reconsider was laid on unemployment rate has also declined. PUEBLO TRIBE TO DETERMINE the table. This is very good news and very posi- MEMBERSHIP REQUIREMENTS f tive news for not just our respective The SPEAKER pro tempore. The un- districts but for our country. b 1820 We have been told by economists finished business is the question on that once our economy gets going and suspending the rules and passing the EXTENDING UNEMPLOYMENT operating at full strength, it can lit- bill (H.R. 1560) to amend the Ysleta del INSURANCE erally drive the economies of the rest Sur Pueblo and Alabama and The SPEAKER pro tempore. Under of the world. These positive signs make Coushatta Indian Tribes of Texas Res- the Speaker’s announced policy of Jan- it evident that, in fact, our economy is toration Act to allow the Ysleta del uary 5, 2011, the gentleman from Michi- moving forward and that we are on the Sur Pueblo Tribe to determine blood gan (Mr. LEVIN) is recognized for 60 road to recovery. However, as our econ- quantum requirement for membership minutes as the designee of the minor- omy continues to heal, we cannot af- in that tribe. ity leader. ford to become complacent. Instead, we The Clerk read the title of the bill. GENERAL LEAVE need to immediately pass legislation The SPEAKER pro tempore. The Mr. LEVIN. Mr. Speaker, I ask unan- that will help create jobs and put more question is on the motion offered by imous consent that all Members may people back to work. the gentleman from Washington (Mr. have 5 legislative days in which to re- First, I believe, Mr. Speaker, that we HASTINGS) that the House suspend the vise and extend their remarks and in- must pass the American Jobs Act. My rules and pass the bill. clude extraneous material on the sub- district, as well as the districts of my The question was taken; and (two- ject of my Special Order. colleagues, in talking to them here, thirds being in the affirmative) the The SPEAKER pro tempore. Is there would greatly benefit from the Presi- rules were suspended and the bill was objection to the request of the gen- dent’s Jobs Act. For instance, El Paso passed. tleman from Michigan? would receive over $66 million to up- A motion to reconsider was laid on There was no objection. grade and modernize our schools to the table. Mr. LEVIN. Mr. Speaker, today we’re meet 21st-century needs. In addition, f here to talk about the need to extend school districts in the El Paso region BOX ELDER UTAH LAND unemployment insurance. The numbers would receive funding to keep teachers CONVEYANCE ACT are staggering. If we do not act by the from being laid off. For example, our largest school dis- The SPEAKER pro tempore. The un- end of this month, in January well over a million people will lose their unem- trict, the El Paso Independent School finished business is the question on District, would receive an estimated suspending the rules and passing the ployment insurance, by mid-February the total will be well over 2 million, $45 million to keep teachers from being bill (S. 683) to provide for the convey- laid off and to perhaps hopefully con- ance of certain parcels of land to the and by the end of next year, if we do not act, over 6 million people. As I tinue to hire desperately needed teach- town of Mantua, Utah. ers in our classrooms. These are smart The Clerk read the title of the bill. said, these numbers are staggering. But the people behind these numbers are investments on our part for the future The SPEAKER pro tempore. The which will also boost our economy in question is on the motion offered by overwhelming. We’re here today to talk about the the immediate future. the gentleman from Washington (Mr. Second, we must extend unemploy- numbers and also talk about the people HASTINGS) that the House suspend the ment benefits. I want to thank my col- who are involved. When we’ve had rules and pass the bill. league for highlighting this and make emergencies like this, we have never The question was taken; and (two- sure that we extend unemployment failed to act. Today, we face an emer- thirds being in the affirmative) the benefits to those that are in desperate gency beyond any we’ve seen since the rules were suspended and the bill was need. In fact, these benefits are the Great Depression, and it’s absolutely passed. only thing that stand between them vital as a result that we act. A motion to reconsider was laid on and homelessness and going without. I’m joined by some of my colleagues. the table. During this downturn, unemployment I want to call on them. As I do so, I f benefits have kept over 3 million peo- want to read stories. I’ll start by read- CORRECTING ENROLLMENT OF ple in food and clothing and the basic ing just one story and then call on one essentials. It has also served as a H.R. 470, HOOVER POWER ALLO- or more of my colleagues. CATION ACT OF 2011 booster to our struggling economy. We Let me start by reading what came must protect these families who are The SPEAKER pro tempore. The un- in from a person in Amherst, New still struggling and help them by the finished business is the question on Hampshire, Jackie: ‘‘Unemployment Jobs Act to find a stable source of in- suspending the rules and concurring in benefits helped me make ends meet come. the concurrent resolution (S. Con. Res. while I was using my savings and 401(k) I have heard, like many other of my 32) to authorize the Clerk of the House to keep up with everything. Now they colleagues here, many stories from of Representatives to make technical are gone. My savings are long gone. My those in my district that have had dif- corrections in the enrollment of H.R. 401(k) is almost gone. I’m watching ev- ficulty in the last months and years in 470, an Act to further allocate and ex- erything I worked so hard for my en- finding a job. So today we cannot and pand the availability of hydroelectric tire adult life slip away from me. I am we must not turn our backs on the power generated at Hoover Dam, and 50. I will never recover from this.’’ American people—the American people for other purposes. I would now like to yield to the gen- that need our help and need the pas- The Clerk read the title of the con- tleman from Texas, if he would like to sage of the American Jobs Act. They current resolution. join me. also need for us to step forward, stand The SPEAKER pro tempore. The Mr. REYES. I want to thank my col- with them, and pass the unemployment question is on the motion offered by league for yielding and some time to insurance. Rather than being dis- the gentleman from Washington (Mr. speak on this very important issue tracted and being misled by our col- HASTINGS) that the House suspend the here. leagues on the other side of the aisle, rules and concur in the concurrent res- Mr. Speaker, recently, the Depart- we must focus on our priority, which olution. ment of Labor reported that the na- should be the creation of jobs, the pas- The question was taken; and (two- tional unemployment rate fell to 8.6 sage of the unemployment insurance, thirds being in the affirmative) the percent in November, its lowest point and getting this economy going. rules were suspended and the concur- in nearly 3 years. Coincidentally, in El So I pledge to my colleague and my rent resolution was concurred in. Paso in the 16th District of Texas, the colleagues here that we must continue

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19155 to work together to create jobs not balance. Our Nation is in an unemploy- I want to yield to the gentleman just for El Paso and not just for Texas, ment crisis, and we must act now to from Texas, who’s the lead sponsor and but for our country. And when we talk help our citizens. ranking member on the relevant sub- about the United States economy that At this time last year, Republicans committee. But before I do that, since literally drives all other economies, emphasized that the economy was so you’re from Texas, I want to read one people around the world are waiting for horrible that the wealthiest Americans of the hundreds that we’ve received, a us to work together to get this done. needed 2 years of tax cuts, yet they word from people who are the unem- With that commitment, we can turn only saw the need to help the unem- ployed. things around. We’re seeing some very ployed for 1 year of emergency assist- This is Jessie of San Antonio, Texas: positive signs. We must continue to ance. Now, 1 year later, as the emer- ‘‘I have submitted over 350 job applica- work for all the people that have sent gency assistance runs out, Republicans tions and have only been called for two us here to do that work. remain comfortable with the $180 bil- face-to-face interviews and five over- With that, I want to thank my col- lion in tax breaks for the wealthiest 3 the-phone interviews. I am a disabled league for yielding. percent of Americans, but they cannot Navy veteran whose appendix ruptured Mr. LEVIN. I thank the gentleman support $50 billion in 2012 to help mil- in October 2010 and was filled with can- from Texas for joining us and explain- lions of the neediest Americans—and cer cells. My State benefits expired at ing what this means in his State and never mind any consideration of help- the end of August, and now my Federal throughout the country. We’re deter- ing the millions of Americans who have benefits will expire in 6 weeks. mined to tell the stories and, as I said, exhausted their Federal benefits and ‘‘It seems that no one is hiring adults to put faces on these numbers. And to still can’t find a job. over 56 years of age. I’m a very good, do that, I have joined with other Ways Our Nation, yes, is indeed in an un- positive employee, and I feel that with and Means Democrats to launch an ex- employment crisis. Over 45 percent of every job application I’m due to get tend unemployment program e-call all unemployed workers—more than 6 hired soon. Please help me in any way Web site. As of this week, 2,590 Ameri- million people—have been out of work possible.’’ cans have joined the e-call, and we for more than 6 months. There are ap- It’s now my privilege to yield to the have received 501 stories from jobless proximately 6.4 million fewer jobs now lead sponsor of this legislation, LLOYD Americans. than at the beginning of the Great De- DOGGETT from the great State of Before I call on the gentleman from pression. The Department of Labor Texas. Illinois to join, I would like to read, if data showed that there are over 4.2 un- Mr. DOGGETT. Thank you, Mr. I might, just a couple more. This is employed Americans for every one job. Chairman. And I still call you ‘‘Mr. from Nick of Clinton Township, Michi- Even if every job were filled, 8.9 mil- Chairman,’’ though the formal leader- gan. ‘‘I was unemployed from August lion citizens would remain unem- ship of the committee has changed 2008 until March 2010 after working for ployed. with the change in the majority here in the House. And I guess if you were in 231⁄2 years at my job. During this protracted storm of eco- nomic hardship, unemployment bene- fact still the chairman with full au- b 1830 fits are a critical lifeline for our citi- thority we would not be here, nor ‘‘My job was sent to Sao Paulo, zens and for our economy. Unemploy- would there be any unemployed indi- Brazil. Had it not been for extended un- ment benefits have kept 3.2 million vidual in the United States among the employment benefits, I would have lost Americans—including nearly 1 million millions whose benefits would expire my house.’’ Nick of Clinton Township. children—from falling into poverty in next year who would be wondering the And let me read what was said by 2010 alone. New research shows that the night before Christmas what would Peter of Warren, Michigan: ‘‘I was per- current Federal unemployment pro- happen the day after their unemploy- manently laid off from American Axle. grams provide $2 in economic stimulus ment coverage expired next year. I worked there 15 years and our jobs for every $1 in unemployment benefits We face a great challenge, and as you were sent to Mexico. As of this time, I circulating in the economy. The Fed- have been pointing out in describing have not found a job. I have been look- eral unemployment programs saved or individuals like Jessie, a retired—not ing over 2 years now, and nothing in created 1.1 million jobs as of the fourth voluntarily retired, but retired, re- Michigan. I am in the TRA/TAA pro- quarter of 2009 alone. And the Eco- moved from the workforce by unem- gram to be reeducated, but my benefits nomic Policy Institute estimates that ployment in San Antonio, these are will run out before I finish my school, preventing unemployment benefits very real human beings, not just unem- and I will not get the degree in my from expiring could prevent the loss of ployment statistics. field.’’ Again, from Peter of Warren, over 500,000 jobs. With over 6 million fewer jobs than Michigan. Our Nation is indeed in an unemploy- when the recession began and more I now would like to call, if I might, ment crisis, and we must act now to than four workers competing for every on the gentleman from Illinois to join help our citizens. We cannot protect job opening, too many Americans have us. And then, if I might, the sponsor of the wealthy while ignoring the mil- nowhere to go. They are like the lyrics this legislation, Mr. DOGGETT of Texas. lions of Americans hardest hit by one from that working man song of the Mr. DAVIS of Illinois. Let me thank of the worst economic crises in our Na- Nitty Gritty Dirt Band: the gentleman from Michigan for yield- tion’s history. We cannot deliver a Had me a job until the market fell out; ing, but I also want to commend him Tried hard to borrow, but there was no windfall to the privileged and deny the help. for his many years of excellent service poor. Such a position is not responsible Now I’ve got nowhere to go. to this body that we know as the leadership, and such a position is not I need a job for these two hands; United States House of Representa- consistent with American values. I’m a working man with nowhere to go. tives. And I want to commend him for So I join with my colleagues in urg- And if our Republican colleagues con- the tremendous leadership that he pro- ing the Republican leadership to pro- tinue to insist that unemployment is vides as the ranking member of the tect vulnerable Americans by extend- caused by the unemployed instead of Ways and Means Committee. ing the unemployment benefits. by the troubling economy we have, Mr. Speaker, it is December 7, and I want to thank you, Mr. LEVIN, there will be about another 5 million Republicans still have not enacted leg- again for the opportunity to partici- Americans with nowhere to go, looking islation to protect the millions of pate. as to where they will find the resources Americans hardest hit by one of the Mr. LEVIN. And I thank the gen- to put food on the table, make the car worst economic crises in our Nation’s tleman from Illinois for your distin- or pick-up truck payment, take care of history. The well-being of 6 million guished service and your passion that the kids and meet the other necessities Americans, including 100,000 from my you bring to this and so many other of life if their unemployment insurance home State of Illinois, hangs in the issues. expires.

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Americans and what a loss of this cov- and others have joined to, essentially, Fact: An unemployment check is not erage means, we can begin to involve have a Web site so people can tell us a substitute for a paycheck. People and get the support of more of our col- how to reach them. like Jessie know that. An unemploy- leagues to do what we really need to But your recitation of the facts is so ment benefit usually amounts to a have accomplished just as soon as pos- important because, in the end, I think fraction of what a worker was making sible. the facts will prevail. The stories will before someone lost his or her job. Mr. LEVIN. Thank you. What we’re be telling. Fact: Unless you are actively search- trying to do, as you say, is to bring And so, Mr. DOGGETT, you’ve been ing for a job, getting job training for a America into this debate because if the such a lead person on this. You’re the new job, or are on temporary layoff, faces are shown and the voices heard, lead person on this legislation. So you’re not likely to be entitled to an our faith is that somehow we’ll act. many of us have been working on this. unemployment check. And as you say, Republicans tend to As you said, one of the facts is we blame the unemployed instead of blam- have never failed to act, and this is a b 1840 ing themselves for inaction. And we’re deeper recession than we’ve known. In I’m not for just paying people to be not going to leave here, we’re not going fact, one of the facts is that there are idle; but these are individuals who are to leave here until there’s an extension now nearly 7 million fewer jobs in the either getting training, who are ac- of unemployment benefits; isn’t that economy today compared to when the tively involved in a job search, or the correct? That’s your pledge. recession started in December 2007. few that are in the temporary layoff Mr. DOGGETT. It is our pledge, be- Seven million fewer jobs. And so when category. There is little evidence to cause there’s just too much at stake people search, they’re often hitting a support the Republican claim, repeated here. This Congress has been incredibly wall. again and again, that unemployment unproductive. You might think it had By the way, this gentleman, Jesse, insurance benefits are a significant fac- been unemployed for much of the past refers to his age. And it’s very true tor in discouraging folks from going year. And we need to stay and com- that the older—they’re not very old— out and looking for work. plete the work. people are having trouble. Fact: to receive extended benefits, an This is work that was done prac- I had a forum in Michigan, and it was unemployed person is required to ac- tically on Christmas Eve last year, so heartbreaking that a person said to cept reasonable offers of employment. when this extension was in jeopardy me—I would guess in her fifties—that Two out of three of the unemployed re- again. And we ought not to go right I’ve taken all of the years off of my CV, spondents in the Heldrich Center sur- down to the wire like that again. when I went to college, when I grad- vey, and 80 percent of those who were There’s no reason that this could not uated, when I first had a job, and the receiving unemployment benefits, said be done in the coming week, but for date of every position she had because they were willing to take a pay cut in this ideological commitment saying she’s afraid that when these resumes order to get a new job, as so many that unemployment insurance coverage come in, people look at the age and a Americans have had to do with the is not good for the economy. The facts stone wall is hit. challenges in our economy. don’t bear that out. It’s my privilege, Mr. DOGGETT, to Fact: one economist estimates that The individual stories that you’re join with you. I’d now like to have join for every $1 dollar we spend on these telling us about tonight, those are the us a very distinguished Member from unemployment insurance benefits, individuals, those are the families that California. And if you give me a about a $1.61 in economic activity have so much at stake. And of course, minute, BARBARA LEE, the very distin- comes back. In fact, some of the esti- because of this economic effect, those guished woman, I want to find a story mates from one group that began its unemployed families, when they get a from California. And so if I might just survey back during the Bush adminis- dollar of unemployment insurance, read this before I yield to you. tration for the Department of Labor they have to spend that dollar. They This is Benjamin of Los Angeles, say it’s even higher than that in terms may be spending it at the grocery California: of the economic rewards. store. They may be paying a landlord ‘‘I’ve been actively looking for work So I believe that we must create jobs. or a mortgage company. They may be for 8 months now. Unemployment in- Certainly, we must do the kinds of paying on their credit card or their car, surance has been crucial in my sur- things that this Congress has failed to- just to have the basic necessities of vival. It has literally kept me alive. tally to do in terms of job creation and life; and that’s why the economic im- It’s allowed me to buy food and pay all promoting economic recovery. But we pact on small businesses is so signifi- my bills. Bills have no conscience. also must provide a vital lifeline for cant from doing what we would need to They come, regardless if one is working those folks who are out there actively do in order to support these families or not. ‘‘I really feel for and extend my em- searching for work and the jobs are engaged in an active job search or get- pathy to those who are unemployed just not there for them. ting the retraining and the retooling and have children. I wholeheartedly The facts are clear. The time for us they need to have an opportunity for a support the emergency extension of un- to extend unemployment coverage is job in the future. employment insurance.’’ now, not to wait until next year, not to Mr. LEVIN. It’s so important that Benjamin of Los Angeles California, wait until Christmas, and not to wait you’ve talked about the facts. The your home State. until these families are faced with the more we discuss the facts about unem- You do such honor to your State and critical situation of not having the un- ployment insurance, and the more we the whole Nation, and it’s my privilege employment insurance coverage that talk about the unemployed, the more now to call upon the gentlelady from they should have to meet these basic persuasive is the need for action. California, BARBARA LEE. necessities, but to act right now in the There’s so much mythology, and the next few days. stories help to blast the mythology. b 1850 It’s for that reason, as you well I just would wish that we could get Ms. LEE of California. Thank you so know, that we’re working together to into the shoes—there are 6 million much. try to get this unemployment insur- whose benefits are threatened here. If First off, let me thank the gentleman ance coverage extended, as it has been you lined up the 6 million from here, from Michigan for those very kind

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So we the least of these are addressed and ership on so many fronts and for caring can’t ignore the needs of the millions taken care of until we can provide about those who are falling through of Americans who have run out of time them those opportunities and dis- the cracks at this point, and also for and who are now losing their homes, mantle those barriers so they can re- this very sobering Special Order to- falling out of the middle class, and re- ignite the American Dream, because night, because this is very sobering on lying more and more on our help. it’s turned into a nightmare for mil- the need for an immediate extension of In addition, there was a startling rise lions and millions of people. unemployment benefits for the mil- in the African American unemploy- So Congressman LEVIN, I want to lions of Americans who are struggling ment rate from 15.1 percent to 15.5 per- thank you again for, again, this clarion to find work. cent in the same period. There can be call to our conscience. It should prick While we received some welcome no clearer reminder of the ongoing ra- our conscience tonight. We should, to- news on the unemployment rates from cial and ethnic disparities that con- morrow, say let’s pass this now. The last week with the national unemploy- tinue to plague our Nation and keep holiday season is upon us. People need ment rate falling to 8.6 percent from 9 minority communities suffering dis- some certainty in their lives. They percent, we cannot stop. We cannot proportionately than higher rates of need to know that they have a bipar- abandon the millions of job seekers unemployment, poverty, near poverty, tisan effort to help them through this during the middle of a faltering recov- and tragic health disparities like un- period, and they need to also know ery. conscionably higher rates of HIV infec- that we’re going to work very hard to In fact, failing to extend these crit- tion. pass the American Jobs Act so that ical benefits would really cripple our When the national employment pic- they can finally get a job, because recovery and cost the economy over ture improved significantly for the that’s what this is all about. And peo- ple want to work. Thank you again. half a million jobs. first time in months, African Ameri- Mr. LEVIN. Thank you for your elo- The slow pace of private sector job cans faced a marked increase in their quent statement. creation is not because of regulations unemployment. That means we must As you said, this is one estimate, or uncertainty in the Tax Code. If you take immediate and bold action to im- four people for every job. You men- speak to nearly any business person, plement targeted programs and poli- tioned this is a matter of faith. A few they will tell you that they are not hir- cies to ensure that we truly are a Na- weeks ago, I met a minister. I had ing because they don’t have customers. tion that provides equal opportunity never met him before. And we got to Abruptly ending unemployment ben- and leaves no one behind in terms of talking about the challenge of unem- efits during the holiday season, first of accessing the American Dream. ployment insurance. And I paraphrase all, it’s mean and it’s morally wrong. It Now, Congressman LEVIN, I held a job what he said to me: This is a challenge would strip 2 million customers out of fair in my district a few months ago. to America’s soul. the economy by March, and over 6 mil- Thousands of people showed up in Oak- Thank you very much. lion customers out of the economy by land for the few jobs—four people for Before I call on the distinguished col- the end of the year. But again, more every job—that were available. league from Wisconsin, I want to read importantly this is just morally wrong. But let me tell you, people want to one more story. This is just not who we are as Ameri- work. They want to work. We in the I have a story that’s given to us, one cans. Congressional Black Caucus held five of the more than 400, from Nathan of We could not make a worse decision job fairs around the country, thousands Madison, Wisconsin. than to cripple our economy by failing of people showed up for limited jobs. I So let me read this before I call on to protect millions of families and chil- can say with certainty, people want to my distinguished colleague and friend dren from poverty because that is just work, people want to work. from Wisconsin, GWEN MOORE. what unemployment benefits do. It And so we have to, however, extend I quote: ‘‘I have been unemployed keeps 1 million children from falling the safety net or this bridge over trou- twice in the past 5 years, and they were into poverty. So we absolutely must bled waters until we figure out how we not by choice. I have a master’s degree extend this critical benefit to workers can deal with the politics of getting in organic chemistry and have worked who were laid off through no fault of the American Jobs Act passed, and also in the pharmaceutical industry and re- their own before the end of this year. other opportunities and legislation to lated industries since finding a job out Hidden, though, within the positive provide jobs for people because people of school in 1998. After 2 years with my 0.4 percent drop of unemployment is want to work. So we have to extend first company, I received a double pro- the discouraging news that over 300,000 this unemployment compensation until motion. So my layoffs have not been Americans dropped out of the work- we do that. due to my performance, abilities, or ca- force and that the long-term unem- We have to save our economy and the pabilities. Anyone who says unemployed people ployment picture is not improving, millions of struggling families from are lazy or have it good are ignoring with the average length of unemploy- poverty and immediately pass and ex- the fact that people are hurting across ment now rising from 39 weeks to 40 tend unemployment benefits now. the board.’’ From your fellow resident weeks. Let’s not forget again the 2 million- of the State of Wisconsin. So not only must we immediately ex- plus people who’ve hit that 99-week It is now my distinguished privilege tend the emergency unemployment limit who will not be eligible for an ex- to yield to you, Ms. MOORE, from the benefits, but we should also imme- tension unless we figure out a way to State of Wisconsin. diately pass legislation that Congress- include them in these initiatives and in Ms. MOORE. Absolutely, Representa- man BOBBY SCOTT and myself have in- this policy. tive LEVIN. troduced, H.R. 589, which would add an Mr. Speaker, we’ve got a lot of work Let me start out by thanking you for additional 14 weeks of tier I unemploy- to do. But I know we intend to stay this Special Order. And that letter is ment benefits for the millions of Amer- here until we do our job, until we ex- just one in 58,000 people, off the top of icans who have already completely ex- tend this bridge over troubled waters, my head, that will be immediately af- hausted their benefits. And I hope that the safety net for people just to sur- fected by our inability to expand unem- the Republican leadership will bring vive. That’s all this is, is for people ployment insurance. That’s one story. that bill to the floor for an up-or-down just to survive. As you indicated, it’s a person who is vote. If we don’t do that, those of us who from Madison, Wisconsin, well edu- We can’t ignore the needs of people call ourselves people of faith really cated, and cannot find a job in this re- who have hit the 99 weeks, because un- need to come to grips with our faith cession. fortunately when we extend unemploy- and who we are, and how we propose to I just think it is really curious, and I ment benefits, there will be 2 to 3 mil- move forward within the context of guess I would like to engage in a dia- lion people who still won’t be covered looking out for and making sure that logue with you about this, you being

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19158 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 the ranking member on Ways and of the House—decided that the most The other thing that makes me very Means, maybe you can help me under- important legislative initiative that curious, Representative LEVIN, is the stand a little bit better. Our colleagues they could undertake was to end aid to rhetoric around the desire to help in the majority, the optic and the nar- families with dependent children and small businesses. Do you realize if we rative in the country for them is they to put women and children under the don’t extend this unemployment ben- want to preserve benefits for million- vagaries and vicissitudes of a cyclical efit, economists have calculated that, aires and billionaires. They want to economy. So now that we have an in 2012, this will take $90 billion out of preserve corporate tax expenditure economy that is as bad as it was during the economy? You won’t buy that teen- benefits for corporations. the Great Depression, we can look at ager shoes because you’re unemployed. the unemployment numbers among b 1900 Mr. LEVIN. Absolutely. women, especially among single We’re focusing today on the stories of They want to maintain foreign prof- women, and we can find some very, the unemployed, on the personal sto- its for expatriated funds. They want to very distressing data. ries, in order to put a face on the num- maintain a very high tax exemption for Poverty among women climbed to bers. It’s also important—and you re- estates over $5 million. They want to 14.5 percent in 2010 from 13.9 percent in ferred to it—for the economy of our maintain capital gains benefits, bene- 2009, the highest in 17 years. According country. Every economist, I think fits on dividends. to a recent report by Legal Momentum, without any exception, says that un- So I’m just curious, Representative recent Census data on poverty paints a employment insurance is one of the LEVIN, why they don’t want to provide bleak picture for single-mother fami- two most beneficial instruments that this governmental benefit for unem- lies. This report finds that the poverty we have in terms of putting money ployed people. This is very distressing rate for single moms, for people who by back into the economy because people to me when I consider who the unem- definition have to feed their kids every who are unemployed and who receive ployed are. When I think about the night, reached 42.2 percent last year, their insurance—they work for it— people the majority party wants to pre- up from 38.5 percent in 2009, and way up spend it. serve benefits for and then when I get from 33 percent in 2000. It is chilling to We have some other stories from sin- an optic of the people who would most contemplate the predicament of women gle parents. Let me just, if I might, and children when there is no aid to likely benefit from this unemployment read another story. Then perhaps we families with dependent children and insurance, there is a stark contrast. should ask the gentlelady from Texas no entitlement. When you consider Perhaps that starts to explain why to join us if she would like. that you’ve got folks like the gen- there is a reluctance, an unwillingness ‘‘I am a military spouse that was tleman you described in your letter and an unreadiness to provide this ben- forced to move and leave a great-pay- who has a master’s degree and who efit. ing office management position since cannot find a job, a mom with kids is Now, as you know, the overall na- my husband was transferred to a new competing in that same job market. tional unemployment rate dropped duty station . . . I have applied for jobs from 9.1 percent recently to 8.6, which There is a great deal of need in these populations. Even as the economy be- that would barely cover our bills just is something that I think we can claim so that I can be among the working some victory for; but when you peel gins to show growth, they’re forced to make cuts in the family budgets. again . . . My soldier can’t afford to back the curtain and disaggregate support us on a military income—and these numbers, you’re going to see that They’re living with food insecurity— not enough food—and the quality of it’s not just about me. I have a son to there’s a sharp and problematic racial think of. I hope and pray that an exten- undertone as it pertains to black un- the food is not good. They’re elimi- nating health insurance. I know fami- sion is approved so that it doesn’t employment. cause our family structure to crumble. When you look at the unemployment lies in my district who are taking medicines every other day, doing with- I believe that an extension should be for white men, Representative LEVIN, out transportation, clothing, and approved as it is keeping not only my their unemployment dropped from 7.9 family but millions of other American percent to 7.3 percent, which is very where utility cutoffs are very preva- lent. families from drowning in a sea of fi- high; but black men endured a spike Mr. LEVIN. I was looking through nancial ruin.’’ from 16.2 percent in unemployment to some of the letters. Let me just read a That’s from Rachel of Lemoore, Cali- a disturbing 16.5 percent in unemploy- letter in which the author is a single fornia. ment. So those lowered unemployment parent from Geneva: It is now my privilege to yield to the rates certainly do not reflect what’s ‘‘I never thought that I would have to gentlelady from Texas, Ms. SHEILA happening in the African American start all over again looking for work in JACKSON LEE. community. my late forties. I hadn’t even been 1 b 1910 Of course, according to the Bureau of year cancer free. I’m a single parent of Labor Statistics, unemployment de- a teenage daughter. So, when my job Ms. JACKSON LEE of Texas. I thank clined for every demographic within terminated, so did my medical insur- the gentleman very much and thank the white community—for teenagers, ance . . . I had to move back to my him for his leadership on this issue. men, women—but it actually increased mom’s house. I could no longer afford And reading these passionate letters, I for every measured group within the my rent, car note, insurance, and the don’t know how anyone could bring us African American community—for basic everyday needs of raising my to the brink of disaster where we find men, women, teenagers. daughter and keeping my own place ourselves today. Even worse is after the fact, when . . . Please don’t take away UI so soon. I just want to read from the U.S. De- the recession is over, when black un- People like me need to keep it until we partment of Labor a simple sentence employment won’t be any better than can find full-time work to take care of that I think speaks volumes: white unemployment is right now. I our families and help us keep our self- ‘‘The unemployment insurance sys- guess that’s sort of racial inequality esteem.’’ tem helps the population most directly 101. When we peel back the layers of Ms. MOORE. I tell you, that is a very affected by recessions, those who have this improved economy, what we find, moving letter. You say she had to lost jobs through no fault of their Representative LEVIN, is that single move with a teenage daughter back own.’’ mothers—women—are suffering, that into her mom’s house. I mean, teenage Mr. LEVIN, you have heard my col- they’re some of the hardest hit. kids need things other than food. leagues speak of the double-digit un- As you will recall, Representative Something like toilet paper becomes employment in distinctive populations, LEVIN, this institution on a bipartisan an issue when you’re sharing a house- the young, recent college graduates, basis—and I understand I was not here hold and when you don’t have enough African Americans and Latinos who re- when Mr. Newt Gingrich was Speaker money to make those contributions. main at the bottom of the heap, but

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19159 who are looking for jobs every day. I not one that I’m likely to win. There board would argue about the solution am reminded of a job fair at the are thousands of stories just like mine that you have come to and that you are Fallbrook Church in Houston, Texas, that won’t be told here. We are people, advocating and that those who are where throngs came seeking oppor- we have faces and lives and dreams just writing in are saying, they are asking, tunity and basically refuting the com- like everyone who still has a job. I am just give me a lifeline and help me to mentary of one Presidential candidate telling you: we will be on the streets survive. no longer in the race, Mr. Cain, who without this extension, and only some I am prepared to stay here, Mr. said if you’re broke and if you’re unem- of us will ever make it back from LEVIN, as you have indicated, to make ployed, it’s your fault. that.’’ sure that we do right by the people who And now the front-runner, Mr. Ging- Ms. JACKSON LEE of Texas. First, are so much in need. rich, says that poor children have no you read about a mother and her child Mr. Speaker, I rise today to address the role models, their parents don’t get up that has to move back into their fam- issue of extending unemployment insurance. and go to work, they have not seen ily’s residence, or her parents’ resi- We must not go home for the holidays if we anybody go to work. How outrageous dence. These are now senior citizens. cannot agree to extend unemployment insur- to speak about those who have lost Then you tell me about someone ance. their job, their children are poor, and who’s actually going to be homeless. With a national unemployment rate of 9.1 they would blame the victim. Then we hear about a person that’s percent, preventing and prolonging people So I think it is crucial that we pass degreed, has the ability to contribute from receiving unemployment benefits is a na- this legislation; and we have never, Mr. to the engine of this economy in tional tragedy. As of today, in the City of LEVIN, not passed this legislation when science, and they’re unemployed. And Houston, the unemployment rate stands at 8.6 unemployment in our country has been then if you would, Mr. LEVIN, just look, percent as almost 250,000 individuals remain near 9.1 percent. It is not 9.1 percent, I’m on the floor with Mr. GARAMENDI, unemployed. but it’s very well near there. the gentleman from California, and we Indeed, I cannot tell you how difficult it has And unemployment benefits will use this to show how flat-lined our been to explain to my constituents whom are keep us from losing over 500,000 jobs. It working and middle class have been in unemployed that there will be no further exten- will also help some of the bankrupt terms of the growth of their income; sion of unemployment benefits until the Con- States. There are States that are, in and we see the top percent of wealth gress acts. Whether the justification for inac- fact, looking to $5 billion in tax hikes right here shooting up to an enormous tion is the size of the debt or the need for def- on employers in nearly two dozen amount—that is the blue line. This is icit reduction, it is clear that it is more prudent States. These solvency provisions will how the wealthy have progressed and to act immediately to give individuals and fam- stop putting $5 billion in tax hikes on grown. ilies looking for work a means to survive. employers in nearly two dozen States, And then we hear our friends saying If there is a single federal program that is as well as provide $1.5 billion in inter- the poor little rich person, where the absolutely critical to people in communities all est relief. very rich person in this group, because across this nation at this time, it would be un- Some of these very Members who I’m not involved in class warfare, is employment compensation benefits. Unem- may be objecting to this, debating saying we understand and we’re willing ployed Americans must have a means to sub- about it, come from States that are to have the burden of sacrifice with the sist, while continuing to look for work that in themselves facing a question of sol- benefit of living in this great country. many parts of the country is just not there. vency because of the unemployment in- And so when we look at this wealth, Families have to feed children. surance. think about this woman who is saying The American people are relying upon us to Where is the life raft, if you will? she is near homelessness and think stand up for them when they are in need. This Where is the helping hand? Where is about the 160 million Americans that if is not a time to take a vacation, go home to the rescue for the people who are des- we do not do a payroll tax cut; but our families, and watch our unemployed con- perate? think about, most of all, the 6 million stituents suffer through holidays. You might not be able to see this, Americans who will be left to home- Unemployed workers, many of whom rely but it’s a very small picture of a person lessness in contrast to the enormous on public transportation, need to be able to living in a disastrous home impacted wealth that is on this poster board and get to potential employers’ places of work. by Hurricane Ike. There was some deci- the meager proposal of surtax on the 1 Utility payments must be paid. Most people sion about some funds going there in percent for 10 years, starting in 2013, to use their unemployment benefits to pay for the Houston, Texas, today. I’m not happy pay this off and to keep solvent Social basics. No one is getting rich from unemploy- with the meager distribution to help Security. It is unbelievable that we ment benefits, because the weekly benefit people like this. They’re not getting all would not rush to do this as we are checks are solely providing for basic food, the money that they need. nearing the holiday season. medicine, gasoline and other necessary things I can assure you if they’re living in I am just noting for you, Mr. LEVIN, many individuals with no other means of in- some homes like this, many times they just to say that the powerful, pas- come are not able to afford. may also be unemployed. So they’re sionate letters that you have read are Personal and family savings have been ex- living in devastated housing in many volumes in terms of those who are hausted and 401(Ks) have been tapped, leav- instances. They are in need of food on seeking our help. ing many individuals and families desperate their table. They are likewise trying to And for anyone that has been to Oc- for some type of assistance until the economy provide for their children, and they cupy Houston or Occupy Wall Street or improves and additional jobs are created. The don’t have the resources. Occupy any city, if they talk to the extension of unemployment benefits for the Mr. LEVIN. The gentlelady referred people individually, they will know long-term unemployed is an emergency. You to a particular situation. Let me read that these are simply hurting Ameri- do not play with people’s lives when there is from another story, if I might. cans who have lost their jobs who are an emergency. We are in a crisis. Just ask Ms. JACKSON LEE of Texas. Please seeking to come and seek opportunity. someone who has been unemployed and do. They want to work; and everyone that looking for work, and they will tell you the Mr. LEVIN. This is Linda of Seattle, I have spoken to, the lady who is here same. Washington: with this home, 56 years old, I know Currently, individuals who are seeking work ‘‘I am a person, a hardworking Amer- that whether she’s employed or not, find it to be like hunting for a needle in a hay ican person at that, and I will be forced the condition of her home suggests stack. For every job available today, there are to live on the streets if EUC is not ex- that she is in need. And the homeless four people who are currently unemployed. tended. It terrifies me; and if it hap- persons, because they have no job, are You can not fit a square peg in a round hole pens, the struggle I will face to once in need. and point fingers at the three other people again be a productive member of this I don’t believe that the wealthy that who when that job is filled is left unemployed. society, in these times, by myself, is are speaking on this particular poster Let’s be realistic there are currently 7 million

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19160 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 fewer jobs in the economy today compared to The legislation would relieve insolvent would see the foreclosures go through when this recession began. States from interest payments on Federal the roof. Start looking out for the mid- Although according to the U.S. Bureau of loans for one year and place a one-year mora- dle class that built this country.’’ Labor Statistics the State of Texas continues torium on higher Federal unemployment taxes And this issue of extension of unem- to have the largest year-over-year job increase that are imposed on employers in States with ployment insurance is critical for all in the country with a total of 253,200 jobs. outstanding loans. America, and it surely is critical for There are still thousands of Texans like thou- According to preliminary estimates, these the middle class that helped to build sands of other Americans in dire need of a solvency provisions will stop $5 billion in tax this country in that now, and the mil- job. hikes on employers in nearly two dozen lions are finding, they have lost their UNEMPLOYMENT INSURANCE States, as well as provide $1.5 billion in inter- jobs, they are looking for work, they A study was conducted the research firm est relief. The legislation also provides a sol- can’t find it. We need to respond, and IMPAQ International and the Urban Institute vency bonus to those States not borrowing we need to respond right now. found Unemployment Insurance benefits: from the Federal government. And I close with this pledge from all Reduced the fall in GDP by 18.3%. This re- We must extend unemployment compensa- of us on the Democratic side in the sulted in nominal GDP being $175 billion high- tion. This will send a message to the nation’s House: we do not intend to vote for a er in 2009 than it would have been without un- unemployed, that this Congress is dedicated motion to adjourn until we have acted employment insurance benefits. to helping those trying to help themselves. on the payroll issue, continuing on the In total, unemployment insurance kept GDP Until the economy begins to create more physician reimbursement issue, and $315 billion higher from the start of the reces- jobs at a much faster pace, and the various very much so on extending unemploy- sion through the second quarter of 2010; stimulus programs continue to accelerate ment insurance so that people out of kept an average of 1.6 million Americans on project activity in local communities, we can- work, through no fault of their own, the job in each quarter: at the low point of the not sit idly and ignore the unemployed. can be assured there won’t be millions recession, 1.8 million job losses were averted of people in this country, beginning the PAYROLL TAX CUT by UI benefits, lowering the unemployment 1st of January, who are left out in the For 337 days, the GOP House majority has rate by approximately 1.2 percentage points; cold. failed to offer a clear jobs agenda. Congress made an even more positive impact than in I thank all my colleagues. must not leave Washington for the holidays previous recessions, thanks to the aggressive, Mr. Speaker, I yield back the balance without extending the payroll tax cut and un- bipartisan effort to expand unemployment in- of my time. surance benefits and increase eligibility during employment benefits that put money into the Mr. WAXMAN. Mr. Speaker, I rise today in both the Bush and Obama Administrations. economy and promote jobs. unqualified support of extending unemploy- GOP is risking tax relief for 160 million ‘‘There is reason to believe,’’ said the study, ment benefits for the long-term unemployed. Americans while protecting massive tax cuts ‘‘that for this particular recession, the UI pro- The United States is a great nation. We’re gram provided stronger stabilization of real for 300,000 people making more than a million a great nation because we are the land of op- output than in many past recessions because dollars per year. portunity. We’re a great nation because we Extending and expanding payroll tax cut extended benefits responded strongly.’’ are the home of the American Dream, where For every dollar spent on unemployment in- would put $1,500 into the pockets of the typ- hard work and playing by the rules have al- surance, this study found an increase in eco- ical middle class family. ways equaled success. But the United States nomic activity of two dollars. At least 400,000 jobs would be lost if Re- is also a great nation because we assist our According to the Economic Policy Institute publicans block the payroll tax cut fellow citizens in need—those who have fallen extending unemployment benefits could pre- In November, Senate Democrats proposed on hard times and through no fault of their vent the loss of over 500,000 jobs. reducing it to 3.1 percent for 2012, and cutting own are in need of a safety net. If Congress fails to act before the end of the employers’ taxes on the first $5 million in tax- An out-of-control Wall Street and the reck- year, Americans who have lost their jobs able payroll to the same level, which helps less deregulation pursued by the Bush Admin- through no fault of their own will begin losing small businesses. To pay for the cut, the bill istration brought us the greatest economic cri- their unemployment benefits in January. By calls for a 3.25 percent tax on gross income sis since the Great Depression. Tens of mil- mid-February, 2.1 million will have their bene- over $1 million for single filers and married lions of American’s lost their jobs, and four- fits cut off, and by the end of 2012 over 6 mil- couples filing jointly, the so-called ‘‘Million- teen million still are unemployed today. Forty- lion will lose their unemployment benefits. aire’s Tax.’’ This is a reasonable compromise. five percent of those unemployed have been Congress has never allowed emergency un- There are other ideas floating around this out of work for six-months or more. employment benefits to expire when the un- Chamber that touch on tax, such as repatri- Every day, I hear from constituents that lost employment rate is anywhere close to its cur- ation. Lowering taxes is always a good idea, their job during the great recession and have rent level of 9.1 percent. but scattershot approaches to tax reform al- been struggling to get by. Republicans seem to want to blame the un- most always lead to undesirable outcomes. From one constituent: employed for unemployment. But the truth is TARGETED TAX RELIEF FOR AMERICAN WORKERS I have been unemployed for almost 2 years. there are over four unemployed workers for The 2% payroll tax cut in effect for 2011 has Never in my 51 years of life have I ever expe- provided $110 billion of tax relief to 159 million rienced anything like this. I submit resumes every available job, and there are nearly 7 mil- via Craigslist daily, I network and I have lion fewer jobs in the economy today com- American workers. done whatever I can to get back to work. I pared to when the recession started in De- If the payroll tax cut is not extended, a fam- will be homeless if [unemployment] benefits cember 2007. ily struggling through the economic recovery are not extended. The legislation introduced today would con- making $50,000 will see its taxes go up by And another: tinue the current Federal unemployment pro- $1,000. I’d really like to know if there’s another grams through next year. Expanding the 2% payroll tax holiday to unemployment benefits extension in the This extension not only will help the unem- 3.1% will cut Social Security taxes in half for works. I am 53, with no family, and no car ployed, but it also will promote economic re- 160 million American workers next year. that I can live in, but I will lose my apart- covery. The Congressional Budget Office has This targeted tax relief will mean an extra ment if I can’t find a job . . . or get more declared that unemployment benefits are $1,500 for a typical American family making benefits. It’s no secret that jobs are VERY ‘‘both timely and cost-effective in spurring eco- $50,000, and $2,500 for a family making hard to come by, and I’ve had a really good work history, but that means nothing right nomic activity and employment.’’ The Eco- $80,000. now. nomic Policy Institute has estimated that pre- Mr. LEVIN. Your chart leads me to venting UI benefits from expiring could prevent the last letter I’ll read. And another: the loss of over 500,000 jobs. I read from Ralph of Warren, Michi- I have sent out hundreds of resumes, both gan, because your chart shows what’s for positions in my field, and for positions I In addition to continuing the Federal unem- knew I could do, or have done when I was ployment insurance programs for one year, at stake for middle-class America: just starting out. I have received less than the bill would provide some immediate assist- ‘‘Unemployment insurance must be ten acknowledgements of receipt of my re- ance to States grappling with insolvency prob- extended so you can pay your bills and sume over the course of 21 months. My back- lems within their own UI programs. buy food. Without this insurance you ground and education are solid.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00067 Fmt 0688 Sfmt 9920 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19161 And another: They’re saying we the people are out- about a very special group of veterans, My job as CFO of a small restaurant chain, raged at this administration and this the Navajo Code Talkers. Tonight, my headquartered in Santa Monica, was elimi- Congress. And they should be. colleagues and I are going to share nated in Dec. 2010. Since then I have been un- The White House and their liberal al- their stories and highlight the amazing able to find employment and, as a result, had lies in Congress and the media go on a accomplishments of this group of war- to sell my condo at a considerable financial nonstop bashing of a group of Ameri- riors. Their contribution to the Allied loss. I have been surviving through the ex- cans who are productive and hard- effort during World War II is widely tended unemployment program offered by credited with winning the Battle of Iwo the federal government. If this program is working. Class warfare is as despicable not renewed, I have no idea how I will cope, as any other type of stereotyping, and Jima and making majors gains in the financially, or mentally. putting citizen against citizen for po- Pacific. During the early months of World And another: litical gain is outrageous and it’s wrong. War II, Japanese intelligence experts I’m 63, was let go from a very significant Listen to this. The people are told broke every code the U.S. forces de- position back in February 2008 after eight vised. The Japanese were able to de- years of being a Multi Award Winning Sales that a tax cut is a tax increase or a tax Executive, in two industries . . . in working increase isn’t really a tax increase be- code and intercept communications over 40 years without interruption I have cause there are savings that can be with ease. To combat this, increasingly been collecting unemployment benefits for made elsewhere. That doesn’t even complex codes were initiated that two years. I’m embarrassed to tell you how make sense. Only in Washington can sometimes took hours at a time simply many resumes and contacts I’ve made, com- someone say we have to pay for a tax to decipher one message. Guadalcanal peting with men and women in their 20’s, cut. Think about that. What we’re say- in 1942 was a turning point for the Al- 30’s, 40’s. ing is, what Washington is saying is, lied military forces, who realized that This has taken a huge toll on my life as the military communications needed a you can imagine . . . my condo is for sale we have to pay for a tax cut. Well, whose money is it? Government doesn’t new direction, and new inspiration. and I’m being audited by the IRS . . . my Fortunately, an innovative citizen health has deteriorated and I didn’t have make money. It’s the people’s money. health insurance for the past two years. Yet somehow up here in Washington we named Philip Johnston had the answer. keep saying we have to pay for a tax As the son of a Protestant missionary, For too many Americans, unemployment Johnston had grown up on the Navajo benefits are the difference between having a increase. It’s that hardworking family that has earned that money. It is not reservation and was one of less than 30 roof over their head, or sleeping on the street; non-Navajos fluent in the unique Nav- having food to feed their kids, or skipping din- Washington’s money. And people, frankly, I think are dis- ajo language. He realized that since it ner; seeing a doctor, or living with chronic ill- had no alphabet and was almost impos- ness. gusted with the notion that somehow the paradigm in Washington is we have sible to master without early exposure, As a great nation, we have an obligation to the Navajo language was a perfect provide a lifeline to these fellow citizens. It is to pay for a tax cut. It’s their money. Something is very wrong here, and this choice to form a new, impenetrable incumbent on us a decent society. military code. In 1942, Johnston com- I have cosponsored legislation to extend un- body is part of the problem. Let’s put out the facts; facts, not pleted an impressive demonstration of employment insurance through the end of the Navajo language to the Com- 2012. I have also cosponsored legislation to spin. Government money doesn’t exist. That’s a fact. It’s the people’s money. manding General of the Pacific fleet help the so-called ‘‘99-ers,’’ by extending the headquartered in San Diego. He was length of federal benefits by an addition 14 Here’s another fact. If there are projects that can be cut, they should be then given permission to begin a pilot weeks, to 113 weeks total. for the Navajo Code Talker program, But Congress must do more. My constitu- cut. They shouldn’t be traded like fu- tures in the stock market. If we believe and I would like to submit his letter ents need more than a safety net. They need dated March 8, 1942, for the RECORD. jobs. that we ought to extend the payroll tax HEADQUARTERS, AMPHIBIOUS FORCE, According to a recent report by the Wash- cut extension, let’s extend it. Let’s stop playing games about moving PACIFIC FLEET, CAMP ELLIOTT, ington Post, this Republican House is on track San Diego, CA, March 6, 1942 to be least productive first session in 20 years. money around from one program to an- Subject: Enlistment of Navaho Indians. other or keeping a bucket of projects In a full year, Republicans have yet to pass a To: The COMMANDANT, single bill to create a single job. or programs that we can save to cut at U.S. Marine Corps. The Republicans’ refusal to take up meas- a time to bargain for something else. Enclosures: (A) Brochure by Mr. Philip John- ures to help restart our economy—like Presi- It’s time that we get serious, and the ston, with maps. (B) Messages used in dent Obama’s American Jobs Act—is all the American people are saying they’ve demonstration. more reason that we must extend these es- had enough. They’ve had enough of 1. Mr. Philip Johnston of Los Angeles re- what they’re seeing here in Wash- cently offered his services to this force to sential unemployment benefits. I urge my col- demonstrate the use of Indians for the trans- leagues to stand up for the unemployed Amer- ington. Let me say this one more time. Pit- mission of messages by telephone and voice- icans who are facing catastrophe through no radio. His offer was accepted and the dem- fault of their own and vote now to extend this ting American against American is un- onstration was held for the Commanding critical lifeline. American and outrageous and deserves General and his staff. the condemnation of each and every 2. The demonstration was interesting and f one of us in this Congress. This is not successful. Messages were transmitted and b 1920 the America we know and love. We the received almost verbatim. In conducting the people deserve better. demonstration messages were written by a AMERICANS DESERVE BETTER I yield back the balance of my time. member of the staff and handed to the In- dian; he would transmit the message in his The SPEAKER pro tempore. Under f the Speaker’s announced policy of Jan- tribal dialect and the Indian on the other end would write them down in English. The uary 5, 2011, the gentleman from Flor- HONORING NAVAJO CODE TALKERS text of messages as written and received are ida (Mr. MACK) is recognized for 60 min- enclosed. The Indians do not have many utes as the designee of the majority The SPEAKER pro tempore (Mr. military terms in their dialect so it was nec- leader. REED). Under the Speaker’s announced essary to give them a few minutes, before Mr. MACK. Mr. Speaker, I think policy of January 5, 2011, the gen- the demonstration, to improvise words for there are a lot of people back home tleman from Arizona (Mr. GOSAR) is dive-bombing, anti-tank gun, etc. who are watching this debate unfold, recognized for the remainder of the 3. Mr. Johnston stated that the Navaho is the only tribe in the United States that has and more importantly, are watching hour as the designee of the majority not been infested with German students dur- the Congress and the administration. leader. ing the past twenty years. These Germans, And, you know, I think a lot of people Mr. GOSAR. Mr. Speaker, thank you studying the various tribal dialects under at home are scratching their head. for joining me this evening to talk the guise of art students, anthropologists,

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19162 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 etc., have undoubtedly attained a good work- ajo alphabet. The selection of a given together, as the gentleman mentioned, ing knowledge of all tribal dialects except term was based on the first letter of young kids in their teen years and oth- Navaho. For this reason the Navaho is the the English meaning of the Navajo ers, and volunteered for this effort. It’s only tribe available offering complete secu- rity for the type of work under consider- word. For words that did not translate even more remarkable when we note ation. It is noted in Mr. Johnston’s article into Navajo, the Code Talkers created that many States did not permit Na- (enclosed) that the Navaho is the largest code that did not directly translate, tive Americans to vote until the 1950s. tribe but the lowest in literacy. He stated, but tended to resemble the things with Yet the Code Talkers were undeterred. however, that 1,000—if that many were need- which they are associated. For exam- They wanted to help their country. ed—could be found with the necessary quali- ple, the Navajo word for ‘‘iron fish’’ It’s fitting that we honor this group fications. It should also be noted that the represented submarine. I could give on the anniversary of the attack on Navaho tribal dialect is completely unintel- ligible to all other tribes and all other peo- many more examples, but I think that Pearl Harbor, the start of World War ple, with the possible exception of as many one is particularly poignant. To say II, because they had such an integral as 28 Americans who have made a study of ‘‘America,’’ the Code Talkers used the part of ensuring that that brutal war the dialect. This dialect is thus equivalent to word ‘‘ne-he-mah,’’ which means ‘‘our came to an end. I want to thank my a secret code to the enemy, and admirably mother.’’ colleague from Arizona and others who suited for rapid, secure communication. This brilliant code allowed our U.S. have come here for putting together 4. It is therefore recommended that an ef- fort be made to enlist 200 Navaho Indians for Marines to communicate quickly and this timely tribute to make sure that this force. In addition to linguistic qualifica- accurately. The Code Talkers’ brave these individuals are recognized for the tions in English and their tribal dialect they work is widely credited with successes impact that they had in ending this should have the physical qualifications for of battle in the Pacific and, more ulti- war and to ensure that this world re- messengers. mately, with helping to end this tragic mains free. CLAYTON B. VOGEL, war. Mr. GOSAR. I thank the gentleman. Commanding General. I would like at this time to acknowl- b 1930 Their elite unit was formed in early edge my good friend from New Mexico 1942 when the first of the 29 Navajo In the battle for Iwo Jima, in the (Mr. LUJA´ N). Code Talkers were recruited by John- first 48 hours alone they coded over 800 Mr. LUJA´ N. I thank my colleague ston. The code was modified and im- transmissions with perfect accuracy. from Arizona (Mr. GOSAR) for bringing proved throughout the war, but it is so While the true heroism of these brave us together tonight as we get a chance important to note that these 29 Navajo warriors is known today, sadly, the to visit and celebrate heroes that are heroes came up with the original code Code Talkers had to return home after amongst us, whether it’s in spirit or themselves. Accordingly, they are the war without the heroes’ welcome body, as we are still so fortunate to often referred to reverently as the they deserved. Ironically, the code was have Chester Nez with us, one of the ‘‘original 29.’’ We will have the honor such a precious asset to the U.S. mili- original 29 as well. of reading their names a bit later this tary that it was classified and had to With me tonight I have a few ex- evening. be kept secret. While the code was de- cerpts of articles that have been writ- Many of these enlistees were just classified in 1968, it took years to prop- ten around the country that capture boys with little exposure to the world erly decorate those veterans. In 2001, some stories recently in the Fronteras outside of the Navajo reservation. nearly 60 years after they created their Desk. An author by the name of Laurel After the war, it was discovered that legendary code, the Navajo Code Talk- Morales captured the story of Chester recruits as young as 15 and as old as 35 ers finally received their well-deserved Nez. It starts like this: ‘‘Growing up in years of age had enlisted. In fact, a few Congressional Medals of Honor. New Mexico, Chester Nez and many of of these men traveled to other towns Today, only one original Code Talker his fellow Navajo were punished for on the reservation, outside their clan remains, but the tradition lives on. A speaking their language.’’ where no one knew them and their true delegation of the Four Corners States You talk about a language as they age, in order to enlist underage and will attempt to recognize these war- were pulled away to boarding schools, serve their country. riors one by one and give us their so many of the young Navajo across After sailing through basic training, thoughts during this hour. the country, and the importance of the Navajo Code Talkers were sent to I would like to first recognize my what they were able to accomplish dur- Marine divisions in the Pacific theater good friend from Arizona (Mr. FLAKE). ing World War II. In the words of Major of World War II. Their reputation as Mr. FLAKE. I thank the gentleman innovators soon spread far and wide Howard Connor of the 5th Marine Divi- for yielding and for arranging this Spe- amongst their commanding officers. In sion, he declared that were it not for cial Order. This is something that we the field, they were not allowed to the Navajos, the marines would never in Arizona and anywhere in the West in write any part of the code down as a have taken Iwo Jima, and the impor- Utah and elsewhere have great pride in reference. In fact, the code existed only tance of language and what they were and that this recognition, as the gen- amongst this small group. Under high able to accomplish. pressure battle conditions, the Code tleman mentioned, came far too late The article goes on to read that years Talkers had to quickly recall their and has been far too little, given the later, Nez was shocked to learn that code accurately, or risk hundreds or amount of the impact that the Navajo he’d been recruited by the marines spe- thousands of lives. Code Talkers had on World War II. cifically to devise a code using the Make no mistake about the gravity So I’m pleased to be here and to lend same language the government tried to of this accomplishment. The Navajo my voice to recognition. As the gen- beat out of him. It was extremely iron- Code Talkers created the only unbro- tleman mentioned, only one of the ic. One of the very things they were ken code in modern military history. It original Code Talkers is still living. So forbidden to do—speak Navajo—ended baffled the Japanese forces. It was even I think it’s important that we recog- up helping us save the war. indecipherable to a Navajo soldier nize others who carried on this code Mr. Nez goes on to say that he and taken prisoner and tortured on Bataan. and tradition and helped out in this his fellow Code Talkers first developed The secret code created by the Nav- way. an alphabet, as you described, Mr. ajo Code Talkers was a simple marvel This was a group, as we mentioned, GOSAR, using everyday Navajo words to of linguistic invention. It contained na- of many Navajos, Native Americans, represent letters of words, as you tive terms that were associated with who volunteered for the armed services talked about—submarine: iron fish; specialized or commonly used military in World War II. This was, as the gen- besh-lo: iron fish; and hummingbird: language, as well as native terms that tleman said, very successful. It was the dah-he-tih-hi to talk about fighter represented letters in the alphabet. only code that remained unbroken. planes. It’s amazing how when we English words with no Navajo trans- And one of the most amazing aspects of talked about the Japanese and how lation were spelled out using the Nav- World War II is how these people came they were so effective at cracking

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19163 codes, how they couldn’t crack this phone and radio in the Dine language. Mr. HEINRICH. I want to thank the one. It was a code the Japanese were never gentleman from Arizona for pulling us Mr. Nez goes on to say in the article able to break and was very instru- together from around the four corners that being one of the last original Code mental in our war efforts. to honor these incredible Native Amer- Talkers, he lives in Albuquerque with At a young age, Samuel and his icans, these incredible Americans, es- his son—a father of six children. He has brothers hid from government agents pecially on this historic anniversary. nine grandchildren and eight great- who came to send Navajo children to And I’m certainly honored to join my grandchildren. It goes on to say that boarding schools. Holiday said he was colleagues tonight to honor the quiet ‘‘today, with so many people leaving ultimately caught and forced to attend valor of all the Navajo Code Talkers. the reservation, Navajo elders like Nez a boarding school where he was not al- Today, some six decades since their fear their language is dying. Nez hopes lowed to speak his native language. As service during World War II, only one Navajo children learn the story of Code he said, ‘‘One of the hardest times I of the original 29 Code Talkers, Cor- Talkers so they understand just how had was learning to talk English. I poral Chester Nez, survives. And I am critical it is to learn their own lan- would hide cookies in my pockets to incredibly proud of Corporal Nez, who guage.’’ pay the older boys to teach me English. at the age of 90 resides in my congres- And thank you for bringing us to- Whenever they’’—the school instruc- sional district in Albuquerque with his gether, Mr. GOSAR, this evening to help tors—‘‘found out I had talked Navajo, son Mike, his daughter-in-law Rita, celebrate the history of our Code Talk- they made me scrub floors, scrub walls. and their children. I spent much of my first year scrubbing ers, as it wasn’t until Senator BINGA- Corporal Nez’s story is much like the the wall.’’ MAN moved legislation back in 2000 to hundreds of Code Talkers who followed Mr. Holiday attended the school until be able to give honor to our original in his footsteps. He grew up on the he was 18 years old and he was re- 29—a few of them, at the very least, Navajo Nation to parents who grew cruited into the Marine Corps. Mr. Hol- corn and pinto beans, kept goats and and their families—with gold medals, iday served in the Pacific theatre from sheep. And he grew up in a time when and silver medals to the others that 1943 to 1945 in Saipan, Tinian, Kwaja- were also trained to go on. lein Atoll, and Iwo Jima. Navajos were sharply mistreated and So I think this is an example of a few From Mr. Holiday: ‘‘A lot of time even unable to vote in our own elec- stories that we’ll be submitting and they sent us where it was a very dan- tions in places throughout the South- sharing this evening to be able to cele- gerous spot, and I sent messages. They west. Yet in 1942, at the age of 18, he brate the lives and stories and the his- didn’t know we were Navajo Code Talk- sprung into action and he joined the tory, especially on today as we remem- ers using Navajo language.’’ The very 382nd Platoon in a role that is largely ber Pearl Harbor and all the sacrifice language he was punished for using in credited with saving thousands of and all the families we lost that day his boarding school was suddenly a American lives. and so many brave soldiers as well. major asset to the United States Ma- Along with the other 28 original Code Thanks for bringing this tonight. I rines. Talkers, Corporal Nez developed a code look forward to many stories and con- Mr. Holiday remains active with the from their unwritten language. You tinuing to share many of the articles Navajo Code Talkers Association. He’s can find the code’s explanation today that we’ve been able to find capturing traveled throughout most of the United in the index of his autobiography. And the history and personal stories of our States conducting presentations about whether in artillery, tanks, aboard friend, our heroes, the Code Talkers the Code Talkers and about his life ex- ships or in infantry, the Code Talkers from all throughout New Mexico, Ari- periences before and after the war. I played a vital role in some of the worst zona, and Utah. was very pleased to see that Mr. Holi- battles in the Pacific theater, commu- Mr. GOSAR. I thank the gentleman day was awarded the Congressional Sil- nicating battlefield codes that were from New Mexico. ver Medal, something he was very wor- never, ever broken by the enemy. Their At this time I would like to recognize thy of, obviously. code-talking was considered so essen- my good friend from Utah (Mr. It’s interesting to me that the Nav- tial to the war that, unlike their coun- CHAFFETZ). ajo Code Talker Program was actually terparts, many of them were forced to Mr. CHAFFETZ. Thank you. I appre- a secret until after the war and was not serve straight through the war with no ciate the bipartisan nature in which we declassified until later in 1968. It was breaks for rest or trips back home. And do this. These are truly American he- another 14 years before the Navajo today, we widely recognize that their roes who have made a difference in our Code Talkers were recognized by the service helped turn the course of World lives and something we should all be United States Government. In fact, in War II. proud of and never forget. I worry as December of 1982, President Ronald Yet because of the sheer secret of these gentlemen get older that some- Reagan recognized the Code Talkers for their role and the possibility that they how generations in the future will their dedicated service, unique achieve- would be called back for the same duty maybe forget this. ment, patriotism, resourcefulness, and in the future, the actions of the Code I appreciate you, Mr. GOSAR, for your courage. Talkers weren’t declassified until 23 commitment to them. I know you’re b 1940 years after the war ended. And it passionate about this. I can see it in August 14, 1982 was proclaimed Na- wasn’t until 55 years later that they your eyes when you talk about it. tional Navajo Code Talkers Day. I were bestowed with the Congressional I wanted to recognize and pay special think President Reagan did the right Gold Medal of Honor and Silver Medal. tribute to somebody who’s originally thing. I think it’s something that all To the young people of the Navajo from Utah, Samuel Tom Holiday. He Americans—I want my kids and people Nation for whom Corporal Nez’s quiet was a Navajo Code Talker. He served in in Utah and across the Nation to recog- valor is a remarkable example, I en- the United States Marine Corps 4th nize the contributions and sacrifices courage you to carry on his legacy by Marine Division, 25th Regiment, the that these people made. They truly keeping the Navajo language alive and H&S Company. We’re fortunate to still made a difference in our lives; instru- well for generations to come. have him here with us in our presence mental in the war. Mr. Speaker, I know that the Navajo today. I appreciate this time to be able to Nation takes such pride in these he- Mr. Holiday was born in 1924 on a recognize their achievements and help roes. And on behalf of all of us who owe Navajo reservation near the Monument to our country. a tremendous debt of gratitude for Valley area of Utah, down near the Mr. GOSAR. I thank the gentleman their service, I’m proud to recognize Four Corners area. He was a Navajo from Utah. the courage, service, and bravery of all Code Talker in World War II. As you I would like at this time to recognize the Navajo Code Talkers, and espe- have talked about before, Code Talkers my friend, the gentleman from New cially Corporal Nez of Albuquerque, transmitted tactical messages by tele- Mexico (Mr. HEINRICH). New Mexico.

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19164 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 Mr. GOSAR. I thank the gentleman he died, Navajo Nation Council Speak- were not for the Navajos, the marines from New Mexico for that find. er Lawrence Morgan said, ‘‘The Navajo never would have taken Iwo Jima. It’s I would now like to acknowledge my Nation lost a great warrior. His unique a great night to be here to celebrate, good friend from Arizona (Mr. service to his country brought positive and I thank you for bringing us to- SCHWEIKERT). attention to the Navajo Nation. He will gether. Mr. SCHWEIKERT. Thank you, Con- be missed.’’ I would like to submit into the gressman GOSAR. For all of us, we truly According to his wife, Virginia, June RECORD an article from the Santa Fe appreciate you organizing this. first tried to sign up for the Marines in New Mexican, dated August 29, 2010, When you consider today is the 70th his hometown of Kaibeto, but a re- also capturing the story telling and anniversary of Pearl Harbor and the cruiter told him he was too young. He talking about Mr. Chester Nez, as well entry into World War II, for many of us then traveled to the reservation town as the article, ‘‘The Last of the Navajo who grew up with family that had of Chinle to enlist because he figured Code Talkers,’’ by Laurel Morales, served, there’s many heartbreaking people there wouldn’t recognize him which was listed in the Fronteras stories. But when we reach out and and he could lie about his age and forge Desk. read and learn more about the Code his father’s signature. This dedication [From the SantaFeNewMexican.com, Aug. Talkers story, it’s one of the great mo- and determination to serve their coun- 29, 2010] ments of pride for those of us from Ari- try was common among the Code Talk- AN ORIGINAL CODE TALKER KEEPS TALE zona. ers and shows character and bravery ALIVE—FEW REMAINING MEMBERS OF ELITE When you consider there were—my that we all should emulate. NAVAJO MARINE UNIT understanding is there were about 400 Allen June was a humble man who (By Felicia Fonseca) native Americans who served, but the did not like to brag about much, even ALBUQUERQUE.—Tourists hurry inside a 27—was it 27 or 29? his remarkable service as a Code Talk- shop here to buy books about the famed Nav- Mr. GOSAR. Twenty-nine. er. However, in the last years of his life ajo Code Talkers, warriors who used their native language as their primary weapon. Mr. SCHWEIKERT. Twenty-nine he wore his service proudly, sporting a Outside, on a walk sheltered from the sun, from Arizona, I’ve had the pleasure red Navajo Code Talker cap with his nine of the Code Talkers sit at a table auto- over time of meeting some of them. I name on it. graphing the books. Each is an old man now. also know, as Arizona now is about to I would like to take an opportunity They wear similar caps and shirts, the scar- begin celebrating its 100th anniver- and see if my colleague from New Mex- let and gold of the Marine Corps, and tur- sary—and I have, actually, it’s a little ico would entertain a colloquy back quoise jewelry. bit of a silly photo, but there is actu- and forth giving the roll call of the One of these men, who signs his name as Cpl. Chester Nez, is distinguished from the ally a smaller version of this on my names of the 29. ´ others. Below his signature, he jots down wall in my office. A few months ago we Mr. LUJAN. It would certainly be an why: 1st Original 29. had our very first celebration of begin- honor, Mr. GOSAR. Before hundreds of Code Talkers were re- ning the 1-year celebration of our cen- Mr. GOSAR. Thank you, sir. cruited from the Navajo Nation to join the tennial as a State, and we were fea- The roll call for the Navajo Code elite unit, 29 Navajos were recruited to de- turing our Navajo Code Talkers. It is Talkers, the original 29: velop the code—based on the then-unwritten something that many of us from the Charlie Y. Begay. Navajo language—that would confound Japa- Mr. LUJA´ N. Royal L. Begay. nese military cryptologists and help win West are very, very proud of. And it Mr. GOSAR. Samuel Begay. World War II. was also that little moment where if Mr. LUJA´ N. John Ashi Benally. Of the Original 29, only three survive. Nez you ever want to be a little humiliated, Mr. GOSAR. Wilsie Bitsie. is one. have them try to teach you to speak a Mr. LUJA´ N. Cosey S. Brown. The Code Talkers took part in every as- few Navajo words, and then the gig- Mr. GOSAR. John Brown, Jr. sault the Marines conducted in the Pacific, gling begins on how badly you pro- Mr. LUJA´ N. John Chee. sending thousands of messages without error on Japanese troop movements, battlefield nounce it. Mr. GOSAR. Benjamin Cleveland. ´ tactics and other communications critical to But for anyone who is listening, the Mr. LUJAN. Eugene R. Crawford. the war’s ultimate outcome. Navajo Code Talkers have actually Mr. GOSAR. David Curley. ´ ‘‘It’s one of the greatest parts of history built a foundation, and they actually Mr. LUJAN. Lowell S. Damon. that we used our own native language during Mr. GOSAR. George H. Dennison. have a wonderful Web site that has ´ World War II,’’ Nez said in an interview with data and stories. It is Mr. LUJAN. James Dixon. The Associated Press. ‘‘We’re very proud of Mr. GOSAR. Carl N. Gorman. navajocodetalkers.org. I encourage it.’’ Mr. LUJA´ N. Oscar B. Ilthma. Nez tells the story succinctly. He is the anyone to reach out and grab some of Mr. GOSAR. Allen Dale June. last of the original group able to do so. One that information. These are powerful Mr. LUJA´ N. Alfred Leonard. can hardly speak or hear, and the memory of stories of incredible service to our Mr. GOSAR. Johnny R. Manuelito. the third is severely tested by Alzheimer’s country in a time of great need with a Mr. LUJA´ N. William McCabe. disease. very unique skill and talent. Mr. GOSAR. Chester Nez. The 89-year-old Nez is limited, too. He is in I thank the gentleman from Arizona Mr. LUJA´ N. Jack Nez. a wheelchair after diabetes led to the ampu- for organizing this. Mr. GOSAR. Lloyd Oliver. tation of both legs. These days, he’d rather Mr. LUJA´ N. Joe Palmer. ‘‘just sit around, take it easy,’’ he said. Mr. GOSAR. I thank the gentleman As a boy, Nez lived in a traditional Navajo from Arizona. Mr. GOSAR. Frank Danny Pete. ´ home and helped his family tend to sheep in I want to take a few moments and Mr. LUJAN. Nelson S. Thompson. Two Wells on the eastern side of the vast Mr. GOSAR. Harry Tsosie. honor one of our own in Arizona who ´ 27,000-square-mile reservation. just recently died. It is my humble Mr. LUJAN. John Willie. He played with toy cars, went barefoot, Mr. GOSAR. William Dean Wilson. and spoke only his native language. That privilege to honor Allen Dale June, one Does my friend have any further of the original 29 Code Talkers. He died changed when he was sent to one of the comments? boarding schools set up by the federal gov- just recently in September of 2010 at Mr. LUJA´ N. Only to say again, Mr. ernment to assimilate American Indian chil- the age of 91. He passed away of nat- GOSAR, as we celebrate tonight, to dren into the broader culture. ural causes at the Veterans Hospital in never forget about the contributions of At boarding school, Nez said he had his Prescott, Arizona, which is in my dis- the Navajo people to our great Nation, mouth washed out with soap for speaking trict. He is survived by his wife and 10 Navajo—ironic indeed, considering the vital with the work that they’ve done not role that the unique language—and Nez— children and was buried in Kaibeto, in only through the Cold War, but going the heart of Navajo reservation. would come to play. back to all the work that was done. Nez was in 10th grade when a Marine re- June, who attained the rank of ser- b 1950 cruiter came looking for young Navajos who geant, received the Congressional Gold were fluent in Navajo and English to serve in Medal in 2001 along with other mem- As we pointed out earlier, in the World War II. He jumped at the chance to de- bers of the original Code Talkers. When words of Major Howard Connor, if it fend his country, and to leave boarding

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19165 school. He kept the decision to enlist a se- After World War II, Nez volunteered to So they called it an egg. A fighter plane was cret from his family and lied about his age, serve two more years during the Korean War the Navajo word for hummingbird. as did many others. and retired in 1974 after a 25-year career as a ‘‘And the Japanese tried everything in ‘‘I told my roommate, ‘Let’s try it out,’ painter at the veterans hospital in Albu- their power to try to decipher our code, but and that’s what we did,’’ Nez said. ‘‘One rea- querque. they never succeeded,’’ Nez said. son we joined is the uniform—they were so June, 88, has spent the past few weeks in He and his fellow code talkers were faced pretty, dress uniforms.’’ and out of hospitals in Wyoming and Ari- with many cultural challenges during the About 250 Navajos showed up at Fort Defi- zona, and requires round-the-clock care. His war. The most difficult was dealing with so ance, Ariz., then a U.S. Army base. But only third wife, Virginia, calls herself ‘‘the much death. 29 were selected to join the first all-Native charm’’ and the protector of an endangered The Navajo believe when you encounter a American unit of Marines. They were in- species. dead body that person’s spirit stays with ducted in May 1942. She’s a walking promotion for him and the you. Coming home after the war, Nez remem- After basic training, the 382nd Platoon was Marine Corps, yet she’s careful of how much bered being haunted by these spirits. tasked with developing the code. she says because he thinks it is unwelcome ‘‘They were all around me. I actually see There Nez met Allen Dale June and Lloyd bragging. them alongside my bed,’’ Nez said. ‘‘This was Oliver, among the others. Using Navajo Oliver’s wife, Lucille, echoes similar senti- one of the bad omen.’’ words for red soil, war chief, clan, braided ments about her husband. Oliver displayed His family performed a ceremony called hair, beads, ant and hummingbird, for exam- few reminders in what, until earlier this the ‘‘enemy way’’ to cleanse him. After that, ple, they came up with a glossary of more year, was his home on the Yavapai Indian Nez said, he felt free of the ghosts. than 200 terms, later expanded, and an alpha- reservation in Camp Verde, Ariz.—a few The code talker program was secret. When bet. framed pictures, a Marine cap above his bed- Nez and the others arrived home in 1945, At first, Nez said, the concern was whether room window and a U.S. flag above the door- there was no fanfare. The code remained ac- or not the code could work. Then it proved way. tive for years after the war; it wasn’t declas- impenetrable. ‘‘The Japanese did everything ‘‘He just put the past behind him, I guess,’’ sified until 1968. Still, it took decades before in their power to break the code but they she says. the men were officially recognized. never did,’’ he said. Oliver, 87, speaks audibly but his words are In 2000, New Mexico Senator Jeff Bingaman Nez no longer remembers the code in its difficult to understand. His hearing is im- introduced legislation to honor the code entirety, but easily switches from English to paired and he prefers not to have a hearing talkers. The following year—nearly six dec- Navajo to repeat one instruction he delivered aid. ades after the code was written—president during fighting on Guadalcanal. Both June and Oliver had brothers who George W. bush awarded them Congressional ‘‘I always remember this one,’’ Nez said. later served as Code Talkers. Gold Medals. ‘‘Enemy machine gun on your right flank, Nez tells the tourists seeking autographs ‘‘Today we give these exceptional Marines destroy!’’ in Albuquerque that he’s part of the Original the recognition they earned so long ago,’’ The Navajos trained in radio communica- 29, but few appear to grasp what that means. President Bush told a televised crowd at the tions were walking copies of the code. Each ‘‘Most of them,’’ he says of the tourists, Capital Rotunda. message read aloud by a Code Talker was im- ‘‘they just thank me for what we did.’’ Only five of the original 29 were still alive. mediately destroyed. Chester Nez stood tall, puffed out his chest ‘‘When you’re involved in the world of [From the Fronteras Desk, Nov. 11, 2011] and saluted the president, while the crowd— cryptology, you not only have to provide in- THE LAST OF THE NAVAJO CODE TALKERS many relatives of code talker families—gave formation, you have to protect that,’’ said (By Laurel Morales) the group a standing ovation. Patrick Weadon, curator of the National ‘‘This gold medal is something I will trea- Cryptologic Museum. ‘‘And there’s no better FLAGSTAFF.—Only one veteran Navajo code sure for as long as I live,’’ said Nez, now 90- example than the Navajo Code Talkers dur- talker remains of the original 29 Navajo Ma- years-old. ing World War II.’’ rines who used their native language to de- The last original code talker lives in Albu- The Code Talkers were constantly on the vise an unbreakable code during World War querque with his son. The father of six chil- move, often from foxhole to foxhole. Nez had II. dren, he has nine grandchildren and eight Growing up in New Mexico, Chester Nez a close call in Guam with a sniper’s bullet great grandchildren. and many of his fellow Navajo were punished that whizzed past his head and struck a palm Today with so many people leaving the res- for speaking their language. In the 1920s, Nez tree. ervation, Navajo elders like Nez fear their attended one of many government run board- Once while running a message, Nez and his language is dying. Nez hopes Navajo children ing schools that attempted to erase Indian partner were mistaken for Japanese soldiers learn the story of the code talkers, so they culture and language. and were threatened at gunpoint until a Ma- understand just how critical it is to learn ‘‘I often think about the things I went rine lieutenant cleared up the confusion, his and use their own language. son, Michael, said. through, all the hardships,’’ Nez said. He was ‘‘Of course Dad couldn’t tell them he was a being interviewed at the studios of KUNM in Mr. GOSAR. I thank the gentleman Code Talker,’’ Nez’s son said. Albuquerque for Veterans Day. from New Mexico for his contribution. The Code Talkers had orders not to discuss Years later, Nez was shocked to learn he’d I would also like to start by going their roles—not during the war and not until been recruited by the Marines, specifically through the further list of the Navajo their mission was declassified 23 years later. to devise a code using the same language the Code Talkers in the honor roll: In 2001 Nez, Dale and June traveled aboard government tried to beat out of him. Judith the same plane to Washington, D.C., to re- Avila helped Nez write his memoir Code NAVAJO CODE TALKER LIST ceive the Congressional Gold Medal. The rec- Talker, which was just published. CONFIRMED BY MARINE CORPS, AS OF 17 JULY ognition, which they didn’t receive when ‘‘It was extremely ironic one of the very 2001 they returned home from war, propelled things they were forbidden to do—speak Nav- 1. Akee, Dan 818638 them to a sort of celebrity status, along with ajo—ended up helping save us during the 2. Anthony, Franklin 990074 the release of a movie based on the Code war,’’ Avila said. 3. Apache, Jimmie 936773 Talkers the following year During World War II, the Japanese had 4. Arviso, Bennie 894438 They appeared on television, rode on floats cracked code after code the U.S. military 5. Ashike, Earl 990140 in parades and were asked to speak to vet- used to hide their communications. Then, a 6. Ashley, Regis 894674 erans groups and students. Marine by the name of Philip Johnston, who 7. Attikai, Harold 990084 Nez threw the opening pitch at a 2004 had been raised on the Navajo Nation by 8. Augustine, John 894402 Major League Baseball game and blessed the white missionaries, suggested enlisting the 9. Ayze, Lewis 990075 presidential campaign of John Kerry. Oliver help of the Navajo tribe. They became known 10. Bahe, Henry 479876 traveled with other Code Talkers as guests of as the code talkers. 11. Bahe, Woody 875423 honor in the nation’s largest Veterans Day Navajo, or Dine as it’s called, is a spoken 12. Baldwin, Benjamin 818564 parade in New York last year. language. And few non-Navajos understand 13. Beard, Harold 894537 When residents of Longmont, Colo., heard its complexities. Nez and his fellow code 14. Becenti, Roy L. 831055 that June and his wife did not have a perma- talkers first developed an alphabet using 15. Bedoni, Sidney 479771 nent home, they raised money to buy one for every day Navajo words to represent letters, 16. Begay, Carlos 818566 the couple. like the Navajo word for ant became ‘‘A.’’ 17. Begay, Charlie Sosie 830976 The last three survivors of the Original 29 Chester Nez, seen here during World War 18. Begay, Flemming 830977 don’t live on the Navajo Nation, where they II, is 90 and the last of the original 29 Navajo 19. Begay, George 990132 are celebrated with a tribal holiday. They Code Talkers. 20. Begay, Henry 990142 wonder about each other, but it’s unlikely Then they came up with words for military 21. Begay, Jerry C. 830979 they’ll reunite again. terms. In Navajo, there is no word for bomb. 22. Begay, Joe 990094

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19166 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 23. Begay, Lee 990116 107. Gatewood, Joseph P. 479889 191. Morris, Joe 894601 24. Begay, Leo 990126 108. George, William 894441 192. Moss, George 990093 25. Begay, Leonard 990210 109. Gishal, Milton M. 875283 193. Multine, Oscar P. 875314 26. Begay, Notah 875405 110. Gleason, Jimmie 894446 194. Murphy, Calvin H. 875360 27. Begay, Paul 479917 111. Goodluck, John 830933 195. Nagurski, Adolph N. 875384 28. Begay, Samuel H. 358525 112. Gorman, Tom 818627 196. Nahkai, James T. Jr. 831006 29. Begay, Thomas H. 537144 113. Grayson, Bill L. 990052 197. Nakaidinae, Peter Sr. 479861 30. Begay, Walter 990073 114. Greymountain, Yazzie 894538 198. Napa, Martin Felix 31. Begay, Willie K.1000016 115. Guerito, Billy Lewis 830994 199. Negale, Harding 936842 32. Begay, Wilson J. 894417 116. Gustine, Tully 830995 200. Newman, Alfred 831007 33. Begody, David M. 990209 117. Guy, Charles 875406 201. Nez, Arthur 1000176 34. Begody, Roger 875422 118. Harding, Ben Williams 990091 202. Nez, Freeland 875252 35. Belinda, Wilmer 875407 119. Harding, Jack W. 479888 203. Nez, Israel Hosteen 479769 36. Belone, Harry 936837 120. Hardy, Tom 894628 204. Nez, Sidney 894511 37. Benallie, Jimmie D. 964665 121. Harrison, Emmett 894479 205. Notah, Roy 448914 38. Benally, Harrison Lee 1000075 122. Haskie, Ross 358587 206. Notah, Willie Anthony 875300 39. Benally, Harry 894507 123. Hawthorne, Roy Orville 990027 207. O’Dell, Billy 479877 40. Benally, Jimmie L. 831045 124. Haycock, Bud 990196 208. Oliver, Willard V. 831008 41. Benally, Johnson D. 875371 125. Hemstreet, Leslie 936840 209. Paddock, Layton 479871 42. Benally, Samuel 1000078 126. Henry, Albert 830996 210. Pahe, Robert D. 831114 43. Benton, Sr., Willie 830980 127. Henry, Edmund Juan 830997 211. Parrish, Paul A. 416414 44. Bernard, John 875276 128. Henry, Kent Carl 936779 212. Patrick, Amos Roy 936843 45. Betone, Lloyd 830963 129. Hickman, Dean Junian 990103 213. Patterson, David Earl 831043 46. Bia, Andrew 990072 130. Holiday, Calvin 990198 214. Peaches, Alfred James 875372 47. Billey, Wilfred 830982 131. Holiday, Samuel Tom 818614 215. Peshlakai, Sam 894440 48. Billie, Ben 1000045 132. Housewood, Johnson 448907 216. Peterson, Joe Sr. 1000089 49. Billiman, Howard 521004 133. Housteen, Dennie 479730 217. Pinto, Gaul (Guy) 831047 50. Billison, Samuel (Dr.) 831074 134. Howard, Ambrose 818574 218. Pinto, John Senator 990189 51. Billy, Sam Jones 830981 135. Hubbard, Arthur Jose 1000128 219. Platero, Richard 894460 52. Bitsie, Peter J. 1000037 136. Hudson, Lewey 894521 220. Preston, Jimmie 479801 53. Bitsoie, Delford 990061 137. Hunter, Tom 875445 221. Reed, Sam 875369 54. Bizardie, Jesse 875495 138. James, Benjamin 830998 222. Roanhorse, Harry C. 831011 55. Black, Jesse 990205 139. James, Billie 875301 223. Sage, Andy 831012 56. Blatchford, Paul 818633 140. James, George B. 875342 224. Sage, Denny 818604 57. Bluehorse, David M. 831043 141. Johle, Elliott 894447 225. Salabiye, Jerry E. 1000024 58. Bowman, John Henry 403099 142. John, Charlie T. 875395 226. Sandoval, Peter P. 831088 59. Bowman, Robert 936938 143. John, Leroy M. Sr. 448918 227. Sandoval, Samuel F. 831013 60. Brown, Arthur 990125 144. Johns, Edmund 448908 228. Sandoval, Thomas 831014 61. Brown, Clarence Paul 990088 145. Johnny, Earl 830999 229. Scott, John 875415 62. Brown, Tsosie Herman 990202 146. Johnson, Deswood R. 844625 230. Sells, John C. 936956 63. Brown, William Tully 990109 147. Johnson, Francis T. 479772 231. Shields, Freddie 894442 64. Buck, Wilford 1000019 148. Johnson, Johnnie 537164 232. Shorty, Dooley 1000177 65. Burke, Bobby 894411 149. Johnson, Peter 894412 233. Shorty, Robert T. 831049 66. Burnie, Jose 1000100 150. Johnson, Ralph 990086 234. Silversmith, Joe A. 831015 67. Burnside, Francis 548184 151. Jones, Jack 818548 235. Silversmith, Sammy 831050 68. Burr, Sandy 830984 152. Jones, Tom H. Jr. 831001 236. Singer, Oscar Jones 990122 69. Cadman, William 936839 153. Jordan, David 831000 237. Singer, Richard 479774 70. Calleditto, Andrew 448919 154. June, Floyd 479768 238. Skeet, Wilson Chee 1000081 71. Carroll, Oscar Tsosie 894622 155. Keams, Percy 990028 239. Slinkey, Richard T. 479727 72. Cattle Chaser, Dennis 479729 156. Keedah, Wilson 894673 240. Slivers, Albert J. Sr. 990068 73. Cayedito, Del 830985 157. Kellwood, Joe H. 479704 241. Smiley, Arcenio 894508 74. Cayedito, Ralph 830986 158. Kescoli, Alonzo 875397 242. Smith, Albert 831062 75. Charley, Carson Bahe 894600 159. Ketchum, Bahe 875416 243. Smith, George 831063 76. Charlie, Sam 990199 160. King, Jimmie 448910 244. Smith, Raymond R. 857535 77. Chase, Frederick 479873 161. Kinlacheeny, Paul 894414 245. Smith, Samuel Jesse 831073 78. Chavez, George 831098 162. Kinsel, John 448912 246. Soce, George B. 831016 79. Chee, Guy 990200 163. Kirk, George H. 831003 247. Sorrell, Benjamin G. 448905 80. Clah, Stewart 965051 164. Kirk, Leo 585379 248. Spencer, Harry 990197 81. Claw, Thomas 818547 165. Kiyaani, Mike 894629 249. Tabaha, Johnnie 990076 82. Cleveland, Billie 521016 166. Kontz, Rex T. 448921 250. Tah, Alfred 479831 83. Cleveland, Ned 894519 167. Lapahie, Harrison 831046 251. Tah, Edward 894676 84. Cody, Leslie 479834 168. Largo, James 990095 252. Talley, John N. 831017 85. Cohoe, James Charles 416497 169. Little, Keith M. 818629 253. Tallsalt, Bert 990082 86. Craig, Bob Etcitty 830988 170. Lopez, Tommy K. 831059 254. Thomas, Edward 990129 87. Crawford, Karl Kee 478278 171. MacDonald, Peter 1000079 255. Thomas, Richard 894520 88. Cronemeyer, Walter 990201 172. Malone, Max 894621 256. Thompson, Clare M. 875458 89. Crosby, Billy 990035 173. Malone, Rex 831101 257. Thompson, Everett M. 818518 90. Csinnjinni, Carl 416351 174. Malone, Robert 831075 258. Thompson, Francis T. 537182 91. Dale, Ray 448911 175. Maloney, James 990085 259. Thompson, Frank T. 403057 92. Damon, Anson C. 990227 176. Maloney, Paul E. 875431 260. Todacheene, Carl Leon 831018 93. Davis, Tully 875378 177. Manuelito, Ben C. 479800 261. Todacheene, Frank Carl 990105 94. Deel, Martin Dale 818563 178. Manuelito, Ira 831005 262. Tohe, Benson 537165 95. Dehiya, Dan 830989 179. Manuelito, James C. 831060 263. Toledo, Curtis 831051 96. Dennison, Leo 990107 180. Manuelito, Peter 1000234 264. Toledo, Frank 479759 97. Dodge, Jerome Cody 894478 181. Marianito, Frank 936841 265. Toledo, Preston 479757 98. Doolie, John 830990 182. Mark, Robert 990093 266. Toledo, Willie 479756 99. Doolie, Richardson 479723 183. Martin, Matthew 894406 267. Towne, Joseph H. 479721 100. Draper, Nelson 990098 184. Martinez, Jose 894550 268. Towne, Zane 479770 101. Draper, Teddy Sr. 875345 185. McCraith, Archibald 990110 269. Tso, Chester H. 894413 102. Etsicitty, Kee 830991 186. Mike, King Paul 894671 270. Tso, Howard B. 894677 103. Etsitty, Deswood 875304 187. Miles, General 990096 271. Tso, Paul Edward 990071 104. Evans, Harold 990097 188. Moffitt, Tom Clah 894473 272. Tso, Samuel 818546 105. Foghorn, Ray 830992 189. Morgan, Jack C. 830932 273. Tsosie, Alfred 831019 106. Francisco, Jimmy 818625 190. Morgan, Ralph 448920 274. Tsosie, Cecil G. 831020

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19167 275. Tsosie, Collins D. 831021 10. Goodman, Billie 875280 the U.S. Postal Service. He passed 276. Tsosie, Kenneth 831025 11. Harthorn, Rodger 2314982 away in 1983 and is buried at Fort 277. Tsosie, Samuel Sr. 479913 12. Jake, H. Logan National Cemetery in Colorado. 13. Kien, William 831058 278. Upshaw, John 990099 Werito was posthumously awarded 279. Upshaw, William 875364 14. Leroy, George 280. Vandever, Joe 831026 15. Leuppe, Edward 381004 the Silver Congressional Medal of 281. Wagner, Oliver 990162 16. Nazwood, Johnson Honor in 2002. His widow, Rose, and 282. Wallace, Stephan P. 1000022 17. Peterson, David 831043 children, Nellie and Michael, attended 283. Walley, Robert 831027 18. Price, Joe F. 894626 the ceremony in Window Rock, Ari- 284. Werito, John 831052 19. Price, Wilson H. 358592 zona, on the Navajo Nation. 285. Whitman, Lyman J. 894466 20. Sandoval, Merril Leon 831048 I thank Mr. Werito for his courage in 286. Willetto, Frank, Jr. 831029 21. Tracey, Peter 257670 22. Tsosie, Woody B. fighting a brutal enemy in the Pacific. 287. Willetto, Frankie Chee 894509 The Code Talkers of all tribes are a 288. Williams, Alex 875338 23. Visalia, Buster 289. Williams, Kenneth 875370 NOT LISTED special class of brave warriors who de- 290. Willie, George B. 875408 1. Babiye, Don serve our continued recognition. 291. Woody, Clarence Bahi 990092 2. Barber, Willie f 292. Yazhe, Ernest 448949 3. Begaye, Flemming 830977 293. Yazhe, Harrison A. 875363 4. Bejay, Charlie LEAVE OF ABSENCE 294. Yazza, Peter 875442 5. Burbank, Askee By unanimous consent, leave of ab- 295. Yazza, Vincent 1000109 6. Clauschee, Guy 990200 sence was granted to: 296. Yazzie, Clifton 894593 7. Hanigahnie Jake 297. Yazzie, Daniel 831030 8. Kent, Carl Henry Mr. NADLER (at the request of Ms. 298. Yazzie, Eddie Melvin 521223 9. Livingston, ? PELOSI) for today and December 8 on 299. Yazzie, Edison Kee 875390 10. Lod(v?)ato, Joe T. account of a family matter. 300. Yazzie, Felix 416408 11. Martinez, Martin f 301. Yazzie, Francis 1000101 12. Peshlakai, Wallace Jr. 302. Yazzie, Frank H. 990101 13. Singer, William SENATE ENROLLED BILLS SIGNED 303. Yazzie, Harding 894480 14. Yazzie ?, Leon 304. Yazzie, Harold 537154 15. Yazzie, Peter The Speaker announced his signature to enrolled bills of the Senate of the 305. Yazzie, Joe Shorty 830962 It is with that I submit those names following titles: 306. Yazzie, John 990113 on a wonderful treasure from the Four 307. Yazzie, Justin D. 1000126 Corners to America, and what they S. 1541. An act to revise the Federal char- 308. Yazzie, Lemuel Rev. 990062 ter for the Blue Star Mothers of America, 309. Yazzie, Ned 990112 gave this country is so valuable. You Inc. to reflect a change in eligibility require- 310. Yazzie, Pahe Denet 479773 look back on their life and what they ments for membership. 311. Yazzie, Raphael 831053 gave us is immeasurable. What I would S. 1639. An Act to amend title 36, United 312. Yazzie, Robert 831031 also like to do is honor them on today, States Code, to authorize the American Le- 313. Yazzie, William 875347 the anniversary of Pearl Harbor; and I gion under its Federal charter to provide 314. Yellowhair, Leon 990100 hope that we would look fondly on guidance and leadership to the individual de- 315. Yellowhair, Stanley 818600 their attributes and what they gave to partments and posts of the American Legion, 316. Yellowman, Howard 831032 and for other purposes. 317. Yoe, George 990119 this great country because we are all 318. Zah, Henry 894551 great because of them. f I also want to take the liberty of ac- LISTED, BUT NOT CONFIRMED ADJOURNMENT knowledging one other person. It’s her 1. Alfred, Johnnie 479728 birthday today. It’s my mom. She Mr. LAMBORN. Mr. Speaker, I move 2. Allen, Perry 818534 that the House do now adjourn. 3. Becenti, Ned 448948 turned 78. Happy birthday, Mom. 4. Begay, Edward 474862 I yield back the balance of my time. The motion was agreed to; accord- 5. Begay, Jimmie 419878 f ingly (at 8 o’clock and 8 minutes p.m.), 6. Begay, Johnson 965045 under its previous order, the House ad- 7. Brown, Ned 818534 NAVAJO CODE TALKERS journed until tomorrow, Thursday, De- 8. Clark, Jimmie 830987 (Mr. LAMBORN asked and was given cember 8, 2011, at 9 a.m. 9. Fowler, King 990080 permission to address the House for 1 f 10. Gray, Harvey 448909 minute.) 11. Jenson, Nevy 990178 Mr. LAMBORN. Mr. Speaker, on this, EXECUTIVE COMMUNICATIONS, 12. Jose, Teddy 448913 ETC. 13. Kennepah, Jessie 358451 the 70th anniversary of the attack on 14. Morgan, Herbert 448922 Pearl Harbor, I want to recognize a Under clause 2 of rule XIV, executive 15. Morgan, Sam 831100 group of unique Americans who made communications were taken from the 16. Nez, Howard 403039 an invaluable contribution to winning Speaker’s table and referred as follows: 17. Nez, Howard H. 831086 the war in the Pacific—Native Amer- 4176. A letter from the Acting Adminis- 18. Otero, Tom 831009 ican Code Talkers. trator, Department of Agriculture, transmit- 19. Singer, Tom 448916 John Werito of southwest Colorado ting the Department’s final rule — Christ- 20. Smith, Enoch 998953 was assigned to the 4th Marine Divi- mas Tree Promotion, Research, and Informa- 21. Sorrel, Jerome 448915 tion Order [Doc. No.: AMS-FV-10-0008-FR-1A] 22. Tsosie, David W. 831022 sion in Maui, Hawaii. He first saw ac- (RIN: 0581-AD00) received November 15, 2011, 23. Tsosie, Howard 964998 tion when his division landed on Roi pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 24. Tsosie, Howard J. 831024 Namur, part of the Marshall Islands, mittee on Agriculture. 25. Whitman, Joe Reid 831028 then a Japanese stronghold. 4177. A letter from the Management and 26. Wilson, William 567102 From there, the 4th Division took Program Analyst, Directives and Regula- 27. Yazzie, Charley H. 831054 Saipan where Werito was wounded. tions, Forest Service, Department of Agri- 28. Yazzie, Sam W. 990036 After recovering from his injuries, he culture, transmitting the Department’s final PENDING/WAITING FOR RECORDS took part in the invasion of Iwo Jima, rule — Community Forest and Open Space 1. Anderson, Edward 956330 where he was wounded a second time. Conservation Program (RIN: 0596-AC84) re- 2. Brown, N.A. 964770 He recovered from his injuries on a ceived November 15, 2011, pursuant to 5 3. Burnside, Francis A. 548184 hospital ship at sea after refusing to be U.S.C. 801(a)(1)(A); to the Committee on Ag- 4. Curley, Rueban 875229 sent home to the U.S. because he want- riculture. 5. David, Alfred 4178. A letter from the Director, Defense 6. Dooley, Richard 807198 ed to be part of the invasion of Japan, Procurement and Acquisition Policy, De- 7. Foster, Harold Y. 537154 should that be necessary. partment of Defense, transmitting the De- 8. Freeman, Edwin Back home, Werito settled in Denver partment’s final rule — Defense Federal Ac- 9. Goldtooth, Emmett where he served as a letter carrier for quisition Regulations Supplement (DFARS

VerDate Sep 11 2014 11:20 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR11\H07DE1.002 H07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19168 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 7, 2011 Case 2009-D036) (RIN: 0750-AG66) received No- rule — Magnuson-Stevens Act Provisions; 100218104-1485-02] (RIN: 0648-AY27) received vember 18, 2011, pursuant to 5 U.S.C. Fisheries Off West Coast States; Pacific November 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Coast Groundfish Fishery; Amendments 20 801(a)(1)(A); to the Committee on Natural Services. and 21; Trawl Rationalization Program; Cor- Resources. 4179. A letter from the Director, Defense recting Amendments [Docket No.: 110721401- 4196. A letter from the Acting Director, Of- Procurement and Acquisition Policy, De- 1470-01] (RIN: 0648-BB31) received November fice of Sustainable Fisheries, NMFS, Na- partment of Defense, transmitting the De- 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to tional Oceanic and Atmospheric Administra- partment’s final rule — Defense Federal Ac- the Committee on Natural Resources. tion, transmitting the Administration’s final quisition Regulations Supplement (DFARS 4189. A letter from the Acting Director, Of- rule — Fisheries of the Exclusive Economic Case 2011-D050) (RIN: 0750-AH44) received No- fice of Sustainable Fisheries, NMFS, Na- Zone Off Alaska; Reallocation of Crab Pro- vember 18, 2011, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- hibited Species Catch Allowances in the Ber- 801(a)(1)(A); to the Committee on Armed tion, transmitting the Administration’s final ing Sea and Aleutian Islands Management Services. rule — Pacific Cod by Vessels Harvesting Pa- Area [Docket No.: 101126521-0640-02] (RIN: 4180. A letter from the Director, Defense cific Cod for Processing by the Inshore Com- 0648-XA784) received November 15, 2011, pur- Procurement and Acquisition Policy, De- ponent in the Central Regulatory Area of the suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of Defense, transmitting the De- Gulf of Alaska [Docket No.: 101126522-0640-02] mittee on Natural Resources. partment’s final rule — Defense Federal Ac- (RIN: 0648-XA759) received November 15, 2011, 4197. A letter from the Acting Director, Of- quisition Regulations Supplement (DFARS pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fice of Sustainable Fisheries, NMFS, Na- Case 2011-D053) (RIN: 0750-AH46) received No- mittee on Natural Resources. tional Oceanic and Atmospheric Administra- vember 18, 2011, pursuant to 5 U.S.C. 4190. A letter from the Deputy Assistant tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Armed Administrator for Regulatory Services, rule — Fisheries of the Northeastern United Services. NMFS, National Oceanic and Atmospheric States; Atlantic Herring Fishery; Adjust- ment to the Atlantic Herring Management 4181. A letter from the Director, Defense Administration, transmitting the Adminis- Area 1A Sub-Annual Catch Limit [Docket Procurement and Acquisition Policy, De- tration’s final rule — Magnuson-Stevens Act No.: 0907301205-0289-02] (RIN: 0648-XA767) re- partment of Defense, transmitting the De- Provisions; Fisheries Off West Coast States; ceived November 15, 2011, pursuant to 5 partment’s final rule — Defense Federal Ac- Pacific Coast Groundfish Fishery; Biennial U.S.C. 801(a)(1)(A); to the Committee on Nat- quisition Regulations Supplement (DFARS Specifications and Management Measures; ural Resources. Case 2011-D031) (RIN: 0750-AH30) received No- Correction [Docket No.: 100804324-1496-05] 4198. A letter from the Director Office of vember 18, 2011, pursuant to 5 U.S.C. (RIN: 0648-BA01) received November 16, 2011, Sustainable Fisheries, NMFS, National Oce- 801(a)(1)(A); to the Committee on Armed pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- anic and Atmospheric Administration, trans- Services. mittee on Natural Resources. mitting the Administration’s final rule — 4182. A letter from the Chief Counsel, De- 4191. A letter from the Acting Director, Of- Fisheries of the Exclusive Economic Zone partment of Homeland Security, transmit- fice of Sustainable Fisheries, NMFS, Na- Off Alaska; Pacific Cod by Vessels Har- ting the Department’s final rule — Changes tional Oceanic and Atmospheric Administra- vesting Pacific Cod for Processing by the in Flood Elevation Determinations [Docket tion, transmitting the Administration’s final Inshore Component in the Western Regu- ID: FEMA-2011-0002] received November 15, rule — Snapper-Grouper Fishery of the latory Area of the Gulf of Alaska [Docket 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the South Atlantic; Closure of the 2011-2012 Rec- No.: 101126522-0640-02] (RIN: 0648-XA790) re- Committee on Financial Services. reational Sector for Black Sea Bass in the ceived November 15, 2011, pursuant to 5 4183. A letter from the Chief Counsel, De- South Atlantic [Docket No.: 0907271173-0629- U.S.C. 801(a)(1)(A); to the Committee on Nat- partment of Homeland Security, transmit- 03] (RIN: 0648-XA686) received November 15, ural Resources. ting the Department’s final rule — Final 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4199. A letter from the Director Office of Flood Elevation Determinations [Docket ID: Committee on Natural Resources. Sustainable Fisheries, NMFS, National Oce- FEMA-2011-0002] received November 16, 2011, 4192. A letter from the Deputy Assistant anic and Atmospheric Administration, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Regulatory Programs, mitting the Administration’s final rule — mittee on Financial Services. NMFS, National Oceanic and Atmospheric Fisheries of the Exclusive Economic Zone 4184. A letter from the Chief Counsel, De- Administration, transmitting the Adminis- Off Alaska; Pacific Cod by Vessels Har- partment of Homeland Security, transmit- tration’s final rule — Western Pacific vesting Pacific Cod for Processing by the ting the Department’s final rule — Changes Bottomfish and Seamount Groundfish Fish- Inshore Component in the Western Regu- in Flood Elevation Determinations [Docket eries; 2011-12 Main Hawaiian Islands Deep 7 latory Area of the Gulf of Alaska [Docket ID: FEMA-2011-0002] [Internal Agency Docket Bottomfish Annual Catch Limits and Ac- No.: 101126522-0640-02] (RIN: 0648-XA790) re- No.: FEMA-B-1225] received November 15, countability Measures [Docket No.: ceived November 15, 2011, pursuant to 5 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 110711384-1534-02] (RIN: 0648-XA470) received U.S.C. 801(a)(1)(A); to the Committee on Nat- Committee on Financial Services. November 16, 2011, pursuant to 5 U.S.C. ural Resources. 4185. A letter from the Assistant General 801(a)(1)(A); to the Committee on Natural 4200. A letter from the Acting Director, Of- Counsel for Regulatory Affairs, Consumer Resources. fice of Sustainable Fisheries, NMFS, Na- Product Safety Commission, transmitting 4193. A letter from the Acting Director, Of- tional Oceanic and Atmospheric Administra- the Commission’s final rule — Virginia fice of Sustainable Fisheries, NMFS, Na- tion, transmitting the Administration’s final Graeme Baker Pool and Spa Safety Act; In- tional Oceanic and Atmospheric Administra- rule — Fisheries of the Northeastern United corporation by Reference of Successor tion, transmitting the Administration’s final States; Atlantic Herring Fishery; Sub-ACL Standard received November 16, 2011, pursu- rule — Gulf of Mexico Reef Fishery; Closure (Annual Catch Limit) Harvested for Manage- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the 2011 Gulf of Mexico Commercial Sector ment Area 1A [Docket No.: 0907301205-0289-02] on Energy and Commerce. for Greater Amberjack [Docket No.: (RIN: 0648-XA764) received November 15, 2011, 4186. A letter from the Deputy Archivist of 040205043-4043-01] (RIN: 0648-XA766) received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the United States, National Archives and November 15, 2011, pursuant to 5 U.S.C. mittee on Natural Resources. Records Administration, transmitting the 801(a)(1)(A); to the Committee on Natural 4201. A letter from the Acting Director, Of- Administration’s final rule — NARA Records Resources. fice of Sustainable Fisheries, NMFS, Na- Reproduction Fees [NARA-11-0002] (RIN: 4194. A letter from the Director Office of tional Oceanic and Atmospheric Administra- 3095-AB71) received November 15, 2011, pursu- Sustainable Fisheries, NMFS, National Oce- tion, transmitting the Administration’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee anic and Atmospheric Administration, trans- rule — Fisheries of the Exclusive Economic on Oversight and Government Reform. mitting the Administration’s final rule — Zone Off Alaska; Pacific Cod and Octopus in 4187. A letter from the Deputy Assistant Fisheries of the Exclusive Economic Zone the Bering Sea and Aleutian Islands Manage- Administrator for Regulatory Programs, Off Alaska; Atka Mackerel in the Bering Sea ment Area [Docket No.: 101126521-0640-02] NMFS, National Oceanic and Atmospheric and Aleutian Islands Management Area (RIN: 0648-XA794) received November 15, 2011, Administration, transmitting the Adminis- [Docket No.: 101126521-0640-02] (RIN: 0648- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tration’s final rule — Fisheries of the North- XA783) received November 15, 2011, pursuant mittee on Natural Resources. eastern United States; Monkfish; Framework to 5 U.S.C. 801(a)(1)(A); to the Committee on 4202. A letter from the Federal Liaison Of- Adjustment 7 [Docket No.: 101119575-1554-02] Natural Resources. ficer, Patent and Trademark Office, trans- (RIN: 0648-BA46) received November 15, 2011, 4195. A letter from the Assistant Adminis- mitting the Office’s final rule — Rules of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- trator for Fisheries, NMFS, National Oce- Practice before the Board of Patent Appeals mittee on Natural Resources. anic and Atmospheric Administration, trans- and Interferences in Ex Parte Appeals [No.: 4188. A letter from the Deputy Assistant mitting the Administration’s final rule — PTO-P-2009-0021] (RIN: 0651-AC37) received Administrator for Operations, NMFS, Na- Western Pacific Pelagic Fisheries; American November 15, 2011, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- Samoa Longline Gear Modification to Re- 801(a)(1)(A); to the Committee on the Judici- tion, transmitting the Administration’s final duce Turtle Interactions [Docket No.: ary.

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4203. A letter from the Senior Program An- STUTZMAN, Mr. ROKITA, Mr. GUINTA, H.R. 3583. A bill to amend title 31, United alyst, Department of Transportation, trans- and Mr. LANKFORD): States Code, to provide for automatic con- mitting the Department’s final rule — H.R. 3577. A bill to establish biennial budg- tinuing resolutions; to the Committee on Ap- Standard Instrument Approach Procedures, ets for the United States Government; to the propriations. and Takeoff Minimums and Obstacle Depar- Committee on the Budget, and in addition to By Mr. OWENS (for himself, Mr. CON- ture Procedures; Miscellaneous Amendments the Committees on Rules, and Oversight and NOLLY of Virginia, and Mr. DEUTCH): [Docket No.:30809; Amdt. No. 3449] received Government Reform, for a period to be sub- H.R. 3584. A bill to authorize the United November 21, 2011, pursuant to 5 U.S.C. sequently determined by the Speaker, in States Postal Service to co-locate post of- 801(a)(1)(A); to the Committee on Transpor- each case for consideration of such provi- fices at retail facilities and municipal build- tation and Infrastructure. sions as fall within the jurisdiction of the ings, and for other purposes; to the Com- 4204. A letter from the Chief, Publications committee concerned. mittee on Oversight and Government Re- and Regulations, Internal Revenue Service, By Mr. WOODALL (for himself, Mr. form. transmitting the Service’s final rule — Up- RYAN of Wisconsin, Mr. HENSARLING, By Mr. PRICE of North Carolina: date List of Areas Included in ‘‘North Amer- Mr. YOUNG of Indiana, Mrs. BLACK, H.R. 3585. A bill to amend the Federal Elec- ican Area’’; Under IRC Section 274(h) (Rev. Mr. LANKFORD, Mr. CHAFFETZ, and tion Campaign Act of 1971 to require per- Rul. 2011-26) received November 15, 2011, pur- Mr. STUTZMAN): sonal disclosure statements in all third- suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 3578. A bill to amend the Balanced party communications advocating the elec- mittee on Ways and Means. Budget and Emergency Deficit Control Act tion or defeat of a candidate, to require the 4205. A letter from the Management and of 1985 to reform the budget baseline; to the disclosure of identifying information within Program Analyst, Directives and Regula- Committee on the Budget. communications made through the Internet, tions, Forest Service, Department of Agri- By Mr. CHAFFETZ (for himself, Mr. to apply disclosure requirements to prerecorded telephone calls, and for other culture, transmitting the Department’s final RYAN of Wisconsin, Mr. HENSARLING, purposes; to the Committee on House Admin- rule — Prohibitions — Developed Recreation Mr. ROKITA, Mrs. BLACK, and Mr. istration. Sites (RIN: 0596-AC98) received November 15, STUTZMAN): 2011, pursuant to 5 U.S.C. 801(a)(1)(A); jointly H.R. 3579. A bill to require greater account- By Mr. STEARNS (for himself and Mr. to the Committees on Agriculture and Nat- ability in spending in direct spending pro- MATHESON): H.R. 3586. A bill to amend the Public ural Resources. grams, and for other purposes; to the Com- Health Service Act to limit the liability of mittee on the Budget, and in addition to the f health care professionals who volunteer to Committees on Rules, Education and the provide health care services in response to a REPORTS OF COMMITTEES ON Workforce, and the Judiciary, for a period to disaster; to the Committee on Energy and PUBLIC BILLS AND RESOLUTIONS be subsequently determined by the Speaker, Commerce, and in addition to the Committee in each case for consideration of such provi- Under clause 2 of rule XIII, reports of on the Judiciary, for a period to be subse- sions as fall within the jurisdiction of the quently determined by the Speaker, in each committees were delivered to the Clerk committee concerned. case for consideration of such provisions as for printing and reference to the proper By Mr. MULVANEY (for himself, Mr. fall within the jurisdiction of the committee calendar, as follows: RYAN of Wisconsin, Mr. HENSARLING, concerned. Mr. WEBSTER: Committee on Rules. Mr. ROKITA, Mr. STUTZMAN, Mr. By Mr. BILBRAY (for himself and Ms. House Resolution 487. Resolution providing CHAFFETZ, and Mr. LANKFORD): ESHOO): for consideration of the bill (H.R. 1633) to es- H.R. 3580. A bill to amend the Balanced H.R. 3587. A bill to amend title XIX of the tablish a temporary prohibition against re- Budget and Emergency Deficit Control Act Social Security Act to provide for the appli- vising any national ambient air quality of 1985 to provide for long-term budgeting, cation of Medicaid prompt pay requirement standard applicable to coarse particulate and for other purposes; to the Committee on to claims for payment for covered items and matter, to limit Federal regulation of nui- the Budget, and in addition to the Commit- services furnished by any Medicaid health sance dust in areas in which such dust is reg- tees on Rules, Agriculture, Ways and Means, care entity; to the Committee on Energy and ulated under State, tribal, or local law, and Energy and Commerce, and Education and Commerce. for other purposes (Rept. 112–317). Referred the Workforce, for a period to be subse- By Mr. WELCH (for himself and Mr. quently determined by the Speaker, in each to the House Calendar. CHAFFETZ): f case for consideration of such provisions as H.R. 3588. A bill to require the proposal for fall within the jurisdiction of the committee debarment from contracting with the Fed- PUBLIC BILLS AND RESOLUTIONS concerned. eral Government of persons violating the Under clause 2 of rule XII, public By Mr. GARRETT (for himself, Mr. Foreign Corrupt Practices Act of 1977; to the bills and resolutions of the following RYAN of Wisconsin, Mr. HENSARLING, Committee on Oversight and Government Mr. PRICE of Georgia, Mr. Reform. titles were introduced and severally re- HUELSKAMP, Mr. CHAFFETZ, and Mr. ferred, as follows: By Mr. SMITH of New Jersey (for him- STUTZMAN): self and Mr. ISSA): By Mrs. BLACK (for herself, Mr. RYAN H.R. 3581. A bill to amend the Balanced H.R. 3589. A bill to authorize appropria- of Wisconsin, Mr. HENSARLING, Mr. Budget and Emergency Deficit Control Act tions for fiscal years 2012 and 2013 for the YOUNG of Indiana, Mr. CHAFFETZ, Mr. of 1985 to increase transparency in Federal Trafficking Victims Protection Act of 2000, LANKFORD, Mr. MULVANEY, and Mr. budgeting, and for other purposes; to the and for other purposes; to the Committee on STUTZMAN): Committee on the Budget, and in addition to Foreign Affairs, and in addition to the Com- H.R. 3575. A bill to amend the Congres- the Committees on Oversight and Govern- mittees on the Judiciary, Ways and Means, sional Budget Act of 1974 to establish joint ment Reform, and Ways and Means, for a pe- and Energy and Commerce, for a period to be resolutions on the budget, and for other pur- riod to be subsequently determined by the subsequently determined by the Speaker, in poses; to the Committee on Rules, and in ad- Speaker, in each case for consideration of each case for consideration of such provi- dition to the Committee on the Budget, for a such provisions as fall within the jurisdic- sions as fall within the jurisdiction of the period to be subsequently determined by the tion of the committee concerned. committee concerned. Speaker, in each case for consideration of By Mr. PRICE of Georgia (for himself, By Mrs. MALONEY (for herself, Mr. such provisions as fall within the jurisdic- Mr. GARRETT, Mr. RYAN of Wisconsin, PALLONE, Mr. GUTIERREZ, Ms. tion of the committee concerned. Mr. HENSARLING, Mr. CHAFFETZ, and BORDALLO, Mr. HONDA, Mr. By Mr. CAMPBELL (for himself, Mr. Mr. STUTZMAN): FALEOMAVAEGA, Mr. GRIJALVA, and RYAN of Wisconsin, Mr. HENSARLING, H.R. 3582. A bill to amend the Congres- Mr. POLIS): Mr. GUINTA, Mr. ROKITA, Mr. sional Budget Act of 1974 to provide for mac- H.R. 3590. A bill to allow certain Indo- CHAFFETZ, and Mr. STUTZMAN): roeconomic analysis of the impact of legisla- nesian citizens to file a motion to reopen H.R. 3576. A bill to amend the Balanced tion; to the Committee on the Budget, and in their asylum claims; to the Committee on Budget and Emergency Deficit Control Act addition to the Committee on Rules, for a the Judiciary. of 1985 to establish spending limits and def- period to be subsequently determined by the By Mr. DEFAZIO (for himself, Mr. HIN- icit control; to the Committee on the Budg- Speaker, in each case for consideration of CHEY, and Ms. SLAUGHTER): et, and in addition to the Committee on such provisions as fall within the jurisdic- H.R. 3591. A bill to recalculate and restore Rules, for a period to be subsequently deter- tion of the committee concerned. retirement annuity obligations of the United mined by the Speaker, in each case for con- By Mr. LANKFORD (for himself, Mr. States Postal Service, eliminate the require- sideration of such provisions as fall within RYAN of Wisconsin, Mr. HENSARLING, ment that the United States Postal Service the jurisdiction of the committee concerned. Mrs. BLACK, Mr. YOUNG of Indiana, pre-fund the Postal Service Retiree Health By Mr. RIBBLE (for himself, Mr. RYAN Mr. CHAFFETZ, Mr. STUTZMAN, and Benefits Fund, place restrictions on the clo- of Wisconsin, Mr. HENSARLING, Mr. Mr. BUCSHON): sure of postal facilities, create incentives for

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A bill to prohibit fees with re- States Office of Civilian Defense during for a period to be subsequently determined spect to electronic benefit transfer debit World War II; to the Committee on Armed by the Speaker, in each case for consider- cards used in connection with unemployment Services. ation of such provisions as fall within the ju- compensation; to the Committee on Ways By Mr. LAMBORN: risdiction of the committee concerned. and Means. H. Res. 489. A resolution expressing the By Mr. DEFAZIO: By Mr. HEINRICH (for himself, Mr. sense of the House of Representatives that H.R. 3592. A bill to provide that the Postal LUJA´ N, Ms. BERKLEY, and Mr. MATHE- the symbols and traditions of Christmas Service may not close any post office which SON): should be protected for use by those who cel- results in more than 10 miles distance (as H.R. 3599. A bill to reauthorize the Secure ebrate Christmas; to the Committee on Over- measured on roads with year-round access) Rural Schools and Community Self-Deter- sight and Government Reform. mination Act of 2000, to provide full funding between any 2 post offices; to the Committee f on Oversight and Government Reform. for the Payments in Lieu of Taxes program, By Ms. HAYWORTH (for herself, Mr. and for other purposes; to the Committee on CONSTITUTIONAL AUTHORITY KING of New York, Mrs. MCCARTHY of Natural Resources, and in addition to the STATEMENT New York, Mr. ACKERMAN, Mr. Committee on Agriculture, for a period to be subsequently determined by the Speaker, in Pursuant to clause 7 of rule XII of GRIMM, Mrs. MALONEY, Mr. RANGEL, the Rules of the House of Representa- Mr. SERRANO, Mr. ENGEL, Mrs. each case for consideration of such provi- LOWEY, Mr. GIBSON, Mr. TONKO, Mr. sions as fall within the jurisdiction of the tives, the following statements are sub- OWENS, Mr. HANNA, Ms. BUERKLE, Ms. committee concerned. mitted regarding the specific powers HOCHUL, and Mr. REED): By Mr. JONES (for himself and Mr. granted to Congress in the Constitu- H.R. 3593. A bill to designate the facility of CLEAVER): tion to enact the accompanying bill or the United States Postal Service located at H.R. 3600. A bill to restore the Free Speech and First Amendment rights of churches and joint resolution. 787 State Route 17M in Monroe, New York, as By Mrs. BLACK: the ‘‘National Clandestine Service of the exempt organizations by repealing the 1954 Johnson Amendment; to the Committee on H.R. 3575. Central Intelligence Agency NCS Officer Congress has the power to enact this legis- Gregg David Wenzel Memorial Post Office’’; Ways and Means. By Mr. KINGSTON (for himself and Mr. lation pursuant to the following: to the Committee on Oversight and Govern- Article I, Section 9, Clause 7. ment Reform. FARENTHOLD): H.R. 3601. A bill to amend title III of the By Mr. CAMPBELL: By Mr. WALSH of Illinois (for himself, Social Security Act to require a substance H.R. 3576. Mr. HUELSKAMP, Mr. GINGREY of abuse risk assessment and targeted drug Congress has the power to enact this legis- Georgia, Mr. CONAWAY, Mr. POSEY, testing as a condition for the receipt of un- lation pursuant to the following: Mr. KING of Iowa, Mr. BARTON of employment benefits, and for other purposes; Article I, Section 9, Clause 7. Texas, Mr. WESTMORELAND, Mr. DUN- to the Committee on Ways and Means, and in By Mr. RIBBLE: CAN of South Carolina, and Mr. addition to the Committee on Energy and H.R. 3577. BROUN of Georgia): Commerce, for a period to be subsequently Congress has the power to enact this legis- H.R. 3594. A bill to express the sense of the determined by the Speaker, in each case for lation pursuant to the following: Congress that the United States should not consideration of such provisions as fall with- Article I, Section 9, Clause 7. adopt any treaty that poses a threat to na- in the jurisdiction of the committee con- By Mr. WOODALL: tional sovereignty or abridges any rights cerned. H.R. 3578. guaranteed by the United States Constitu- By Mr. PAUL: Congress has the power to enact this legis- tion, such as the right to keep and bear H.R. 3602. A bill to amend title 5, United lation pursuant to the following: arms, and to withhold funding from the States Code, to provide that an employee or Article I, Section 9, Clause 7. United Nations unless the President certifies Member who dies within the 2-year notifica- By Mr. CHAFFETZ: that the United Nations has not taken action tion period with respect to a survivor annu- H.R. 3579. to restrict, attempt to restrict, or otherwise ity shall be presumed to have elected to pro- Congress has the power to enact this legis- adversely infringe upon the rights of individ- vide a former spouse with such an annuity, lation pursuant to the following: uals in the United States to keep and bear and for other purposes; to the Committee on Article I, Section 9, Clause 7. arms, or abridge any of the other constitu- Oversight and Government Reform, and in By Mr. MULVANEY: tionally protected rights of citizens of the addition to the Committee on House Admin- H.R. 3580. United States; to the Committee on Foreign istration, for a period to be subsequently de- Congress has the power to enact this legis- Affairs. termined by the Speaker, in each case for lation pursuant to the following: By Ms. WILSON of Florida: consideration of such provisions as fall with- Article I, Section 9, Clause 7. H.R. 3595. A bill to establish a mandatory in the jurisdiction of the committee con- By Mr. GARRETT: mediation process for servicers of residential cerned. H.R. 3581. mortgages and borrowers; to the Committee By Mr. ROTHMAN of New Jersey: Congress has the power to enact this legis- on Financial Services. H.R. 3603. A bill to authorize 150,000 incre- lation pursuant to the following: By Mr. BISHOP of New York (for him- mental vouchers for tenant-based rental as- Article I, Section 9, Clause 7. self, Mr. MCKINLEY, Mr. MICHAUD, sistance under section 8 of the United States By Mr. PRICE of Georgia: and Mr. GENE GREEN of Texas): Housing Act of 1937 to help meet the housing H.R. 3582. H.R. 3596. A bill to require a publicly avail- needs of low-income families; to the Com- Congress has the power to enact this legis- able a list of all employers that relocate a mittee on Financial Services. lation pursuant to the following: call center overseas and to make such com- By Mr. YOUNG of Alaska: Article I, Section 9, Clause 7. panies ineligible for Federal grants or guar- H.R. 3604. A bill to amend the Alaska Na- By Mr. LANKFORD: anteed loans and to require disclosure of the tive Claims Settlement Act to provide for H.R. 3583. physical location of business agents engag- equitable allotment of lands to Alaska Na- Congress has the power to enact this legis- ing in customer service communications; to tive veterans; to the Committee on Natural lation pursuant to the following: the Committee on Energy and Commerce, Resources. Article I, Section 9, Clause 7. and in addition to the Committees on Over- By Mr. JONES (for himself, Mr. POE of By Mr. OWENS: sight and Government Reform, Armed Serv- Texas, and Mr. WHITFIELD): H.R. 3584. ices, and Education and the Workforce, for a H. Res. 485. A resolution expressing the Congress has the power to enact this legis- period to be subsequently determined by the sense of the House of Representatives regard- lation pursuant to the following: Speaker, in each case for consideration of ing the declassification of information re- This bill is enacted pursuant to the power such provisions as fall within the jurisdic- lated to missing and unaccounted-for mem- granted to Congress under Article I, Section tion of the committee concerned. bers of the Armed Forces; to the Committee 8, of the United States Constitution. By Mr. BRALEY of Iowa (for himself on Armed Services. By Mr. PRICE of North Carolina: and Mr. BOSWELL): By Mr. BECERRA: H.R. 3585. H.R. 3597. A bill to authorize the Secretary H. Res. 486. A resolution electing a Member Congress has the power to enact this legis- of Education to make grants to 10 institu- to a certain standing committee of the lation pursuant to the following: tions of higher education for the expansion House of Representatives; considered and The General Welfare Clause, Art. I, Sec. 8, of master’s degree in physical education pro- agreed to. of the Constitution

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By Mr. STEARNS: By Mr. BRALEY of Iowa: H.R. 157: Mr. HANNA. H.R. 3586. H.R. 3597. H.R. 210: Ms. WASSERMAN SCHULTZ, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- BUTTERFIELD, Mr. BISHOP of New York, Mr. lation pursuant to the following: lation pursuant to the following: CLAY, and Mr. ACKERMAN. Article I, Section 8, Clause 1 This bill is enacted pursuant to the power H.R. 374: Mr. DENHAM. By Mr. BILBRAY: granted to Congress under Article I, Section H.R. 452: Mr. BILIRAKIS. H.R. 3587. 8, Clause 18 of the United States Constitu- H.R. 547: Mr. LANCE. Congress has the power to enact this legis- tion. H.R. 594: Mr. SABLAN. lation pursuant to the following: By Ms. CLARKE of New York: H.R. 664: Mr. DINGELL, Mr. BUTTERFIELD, Under Article 1, Section 8 of the U.S. Con- H.R. 3598. and Mr. HIMES. stitution The Congress shall have Power To Congress has the power to enact this legis- H.R. 665: Mr. FRANKS of Arizona and Mr. lay and collect Taxes, Duties, Imposts and lation pursuant to the following: LABRADOR. Excises, to pay the Debts and provide for the This bill to prohibit fees with respect to H.R. 721: Mr. WEBSTER. common Defence and general Welfare of the electronic benefit transfer debit cards used H.R. 733: Mr. HOLDEN. United States; but all Duties, Imposts and in connection with unemployment com- H.R. 735: Mr. GOODLATTE and Mr. HALL. Excises shall be uniform throughout the pensation is enacted pursuant to the power H.R. 835: Ms. LEE of California. United States; granted to Congress under Article I of the H.R. 889: Mr. MICHAUD. By Mr. WELCH: United States Constitution and its subse- H.R. 890: Ms. LEE of California. H.R. 3588. quent amendments, and further clarified and H.R. 905: Mr. WITTMAN. Congress has the power to enact this legis- interpreted by the Supreme Court of the H.R. 920: Mrs. SCHMIDT, Mrs. BLACKBURN, lation pursuant to the following: United States. Mr. WEST, Mr. BURGESS, Mr. FLEISCHMANN, Article 1, Section 8, Clause 18: The Con- By Mr. HEINRICH: Mr. WALSH of Illinois, and Mr. HUELSKAMP. gress shall have Power To . . . make all H.R. 3599. H.R. 1006: Mr. FORBES. Laws which shall be necessary and proper for Congress has the power to enact this legis- H.R. 1058: Mr. PASTOR of Arizona and Ms. carrying into Execution the foregoing Pow- lation pursuant to the following: BASS of California. ers, and all other Powers vested by this Con- Congress has the power to enact this legis- H.R. 1063: Mr. GENE GREEN of Texas. stitution in the Government of the United lation pursuant to Article IV, Section 3 of H.R. 1148: Mr. JORDAN, Mr. WALBERG, Mr. States, or in any Department or Officer the United States Constitution. DENHAM, Mr. DENT, Mr. CARSON of Indiana, thereof By Mr. JONES: Mr. DAVIS of Illinois, Mr. SHIMKUS, Mrs. By Mr. SMITH of New Jersey: H.R. 3600. EMERSON, Mr. TOWNS, Ms. SCHWARTZ, Mr. H.R. 3589. Congress has the power to enact this legis- BRALEY of Iowa, Mr. PETRI, Mr. RAHALL, Mr. Congress has the power to enact this legis- lation pursuant to the following: NADLER, Mr. FITZPATRICK, Mr. BERG, Ms. lation pursuant to the following: The constitutional authority of Congress BALDWIN, Mr. MARKEY, Mr. COFFMAN of Colo- article 1, section 8 of the Constitution to enact this legislation is provided by the rado, Mrs. LOWEY, Ms. BERKLEY, and Mr. By Mrs. MALONEY: 1st Amendment of the United States Con- LARSON of Connecticut. H.R. 3590. stitution, which states Congress shall make H.R. 1175: Mr. OWENS. Congress has the power to enact this legis- no law respecting an establishment of reli- H.R. 1206: Mr. HUELSKAMP. lation pursuant to the following: gion, or prohibiting the free exercise thereof; H.R. 1288: Mr. SHERMAN. Article 1, Section 8, Clause 4, which reads: or abridging the freedom of speech, or of the H.R. 1375: Mr. ISRAEL and Mrs. DAVIS of To establish a uniform rule of naturaliza- press; or the right of the people peaceably to California. tion, and uniform laws on the subject of assemble, and to petition the Government H.R. 1394: Mr. MORAN and Mr. ROTHMAN of bankruptcies throughout the United States. for a redress of grievances. New Jersey. By Mr. DEFAZIO: By Mr. KINGSTON: H.R. 1426: Ms. MATSUI. H.R. 3591. H.R. 3601. H.R. 1449: Ms. SPEIER. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 1639: Mr. FORTENBERRY. lation pursuant to the following: lation pursuant to the following: H.R. 1681: Mr. SIRES. Article I, Section 8, Clause 7 ‘‘To establish Congress has the power to enact the Ensur- H.R. 1697: Mr. PEARCE. Post Offices & Post Roads’’ ing Quality Unemployment Insurance Pro- H.R. 1734: Mr. HERGER. By Mr. DEFAZIO: gram (EQUIP) Act pursuant to Article I, Sec- H.R. 1735: Ms. MCCOLLUM. H.R. 3592. tion 8 of the Constitution. H.R. 1783: Ms. WILSON of Florida. Congress has the power to enact this legis- By Mr. PAUL: H.R. 1802: Mr. KING of New York, Mr. BACH- lation pursuant to the following: H.R. 3602. US, and Mr. LATOURETTE. Article I, Section 8, Clause 7 ‘‘To establish Congress has the power to enact this legis- H.R. 1831: Mr. FILNER. Post Offices & Post Roads’’ lation pursuant to the following: H.R. 1897: Mr. BARTLETT, Mr. KEATING, Ms. By Ms. HAYWORTH: The Spouse Equity Election Clarification MATSUI, Mr. LOBIONDO, and Mr. SARBANES. H.R. 3593. Amendment Act is justified by Article 1, H.R. 1905: Mr. LYNCH. Congress has the power to enact this legis- Section 8 of the constitution which vests all H.R. 1916: Mr. ACKERMAN and Ms. NORTON. lation pursuant to the following: legislative authority in the United States H.R. 1930: Mr. CARNAHAN. The constitutional authority on which this Congress. This section clearly gives Congress H.R. 1946: Mr. CRAWFORD. bill rests is the power of Congress to estab- the power to pass laws amending federal H.R. 1956: Mr. MANZULLO. lish Post Offices and post roads, as enumer- rules regarding benefits of federal employees H.R. 2001: Mr. CARTER. ated in Article I, Section 8, Clause 7 of the and their current and former spouses. H.R. 2016: Mr. SHERMAN and Mr. LOBIONDO. United States Constitution. By Mr. ROTHMAN of New Jersey: H.R. 2104: Mr. BRALEY of Iowa. By Mr. WALSH of Illinois: H.R. 3603. H.R. 2105: Mr. CHABOT, Mr. FRANKS of Ari- H.R. 3594. Congress has the power to enact this legis- zona, and Mrs. ELLMERS. Congress has the power to enact this legis- lation pursuant to the following: H.R. 2269: Mr. HONDA, Mr. MILLER of North lation pursuant to the following: This bill is enacted pursuant to the power Carolina, Mr. FILNER, and Mr. ISRAEL. Article I, Section 8, Clause 14 of the United granted to Congress under Article I, Section H.R. 2299: Mr. FITZPATRICK. States Constitution. 8, Clause 18 of the United States Constitu- H.R. 2414: Mr. CRAWFORD. By Ms. WILSON of Florida: tion. H.R. 2437: Mr. LOEBSACK. H.R. 3595. By Mr. YOUNG of Alaska: H.R. 2446: Mr. MCHENRY. Congress has the power to enact this legis- H.R. 3604. H.R. 2457: Mr. FORBES. lation pursuant to the following: Congress has the power to enact this legis- H.R. 2492: Mr. PALLONE. Article I, Section 8, Clause 3 of the Con- lation pursuant to the following: H.R. 2499: Mr. COHEN. stitution. article 1 section 8 clause 3. H.R. 2539: Ms. WATERS. The Congress shall have Power . . . To reg- f H.R. 2572: Mr. COHEN. ulate Commerce with foreign Nations, and H.R. 2624: Mr. POLIS. among the several States, and with the In- ADDITIONAL SPONSORS H.R. 2672: Mr. GUTHRIE. dian Tribes. Under clause 7 of rule XII, sponsors H.R. 2701: Mr. SCOTT of Virginia. By Mr. BISHOP of New York: H.R. 2742: Mrs. CHRISTENSEN. H.R. 3596. were added to public bills and resolu- H.R. 2753: Mr. SABLAN. Congress has the power to enact this legis- tions as follows: H.R. 2827: Mr. YODER and Mr. LATTA. lation pursuant to the following: H.R. 87: Mr. FRANKS of Arizona. H.R. 2874: Mr. MULVANEY. Article I, Section 8, Clause 3. H.R. 100: Mr. WOMACK. H.R. 2902: Mr. HINOJOSA.

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H.R. 2913: Mr. SCHILLING and Mr. QUAYLE. EDWARDS, Mr. SIRES, Mr. BARTON of Texas, H.R. 3510: Mr. SMITH of Nebraska and Mr. H.R. 2917: Mr. WESTMORELAND. Mrs. BIGGERT, Mr. WITTMAN, Mr. MCKEON, SHULER. H.R. 2948: Ms. WATERS. Mr. THORNBERRY, Mr. SAM JOHNSON of Texas, H.R. 3516: Ms. DELAURO. H.R. 2982: Mr. DEUTCH, Mr. KISSELL, and Mr. MCCLINTOCK, Mr. RIBBLE, Mr. HEN- H.R. 3521: Mr. YOUNG of Indiana, Mr. Mr. OLSON. SARLING, Mr. BURGESS, Mr. LUCAS, Mr. CAS- CHAFFETZ, Mr. LANKFORD, Mrs. BLACK, and H.R. 3027: Mr. GEORGE MILLER of Cali- SIDY, Mr. BILIRAKIS, Mr. LANKFORD, Mr. Mr. STUTZMAN. fornia. AMODEI, Mr. ISSA, Mr. BROUN of Georgia, Mr. H.R. 3536: Mr. RUPPERSBERGER, Mr. TOWNS, H.R. 3032: Mr. LATHAM. FLORES, Mr. FINCHER, Mr. BRADY of Texas, and Mr. WITTMAN. H.R. 3043: Mr. BURGESS. Mr. ROYCE, Mr. ANDREWS, Mr. DAVIS of Illi- H.R. 3059: Mrs. BLACK and Mr. GRIFFIN of H.R. 3538: Mrs. MCMORRIS RODGERS, Mrs. nois, Mr. ACKERMAN, Mr. FALEOMAVAEGA, Mr. Arkansas. BLACK, Mr. MCCAUL, Mr. SCHWEIKERT, Mr. COSTA, Mr. ENGEL, Ms. HANABUSA, Mr. COS- H.R. 3061: Mr. TURNER of New York. BENISHEK, and Mrs. ELLMERS. TELLO, Mr. BACA, Ms. MATSUI, Mr. NEAL, Mr. H.R. 3066: Mr. DESJARLAIS. H.R. 3545: Mr. BARLETTA. HINOJOSA, Mr. STARK, Mr. JOHNSON of Geor- H.R. 3083: Mr. SMITH of Washington. H.R. 3550: Mr. FITZPATRICK. gia, Mr. OWENS, Mr. LANGEVIN, Ms. HAHN, H.R. 3086: Mr. RIVERA, Mrs. MCMORRIS ROD- H.R. 3551: Mr. ROKITA, Mr. LABRADOR, and Ms. WATERS, Mr. AL GREEN of Texas, Mrs. GERS, and Mr. KILDEE. Mr. WOODALL. NAPOLITANO, Mr. MARKEY, Ms. LORETTA SAN- H.R. 3104: Mrs. BLACKBURN, Mr. FORBES, H.R. 3568: Ms. HANABUSA. CHEZ of California, Mr. LARSEN of Wash- Mrs. LUMMIS, Mr. WEST, and Mr. GINGREY of H.R. 3572: Mr. VAN HOLLEN, Mr. DEUTCH, ington, Mr. CLEAVER, Mr. BERMAN, Mr. CUM- Georgia. and Mr. FRANK of Massachusetts. MINGS, Mr. DONNELLY of Indiana, Ms. BASS of H.R. 3109: Mr. LANGEVIN. H.J. Res. 80: Ms. SCHAKOWSKY. H.R. 3125: Mr. DANIEL E. LUNGREN of Cali- California, Mr. ADERHOLT, Mr. HONDA, Mr. H. Res. 365: Ms. PINGREE of Maine. fornia. CLAY, Mr. HIMES, Mr. CHABOT, Mr. LEVIN, Mr. H. Res. 378: Mr. COHEN. H.R. 3166: Mr. LATTA. MULVANEY, Mr. MILLER of North Carolina, H.R. 3168: Mrs. MYRICK. Mr. SCOTT of Virginia, Ms. DELAURO, Mr. H. Res. 462: Mr. DAVIS of Illinois. H.R. 3173: Mr. LUETKEMEYER. GALLEGLY, Mr. PERLMUTTER, Mr. PETERSON, H. Res. 475: Mr. NUNNELEE, Mr. POE of H.R. 3179: Mr. KELLY, Mr. BARLETTA, Ms. Ms. PINGREE of Maine, Mr. SCHRADER, Mr. Texas, Mr. JORDAN, Mr. BENISHEK, and Mr. WATERS, Mr. GIBSON, Mr. SCOTT of Virginia, BARROW, Mrs. MCCARTHY of New York, Mr. WESTMORELAND. and Ms. LINDA T. SA´ NCHEZ of California. CROWLEY, Mr. HASTINGS of Washington, Mr. H. Res. 480: Mrs. MILLER of Michigan and H.R. 3207: Mr. LANCE and Mrs. MCMORRIS KLINE, Mr. NEUGEBAUER, Mr. MICHAUD, Mr. Ms. JENKINS. RODGERS. VAN HOLLEN, Ms. LEE of California, Mr. H.R. 3210: Mr. RUPPERSBERGER. WELCH, Mr. CLARKE of Michigan, Mr. CHAN- f H.R. 3218: Mr. SOUTHERLAND. DLER, Mr. YODER, and Mr. CARNAHAN. H.R. 3225: Mr. BACA. H.R. 3422: Mr. LABRADOR. H.R. 3261: Mr. BACA and Mr. SHERMAN. H.R. 3425: Mr. COURTNEY. CONGRESSIONAL EARMARKS, LIM- H.R. 3264: Mr. WALSH of Illinois and Mr. H.R. 3435: Mr. POLIS, Ms. FUDGE, Ms. EDDIE ITED TAX BENEFITS, OR LIM- FRANKS of Arizona. BERNICE JOHNSON of Texas, Mr. LEWIS of ITED TARIFF BENEFITS H.R. 3298: Ms. WATERS. Georgia, Mr. KEATING, Mr. CARSON of Indi- H.R. 3300: Mr. RANGEL and Mrs. MALONEY. ana, Mr. THOMPSON of Mississippi, Mr. HAS- Under clause 9 of rule XXI, lists or H.R. 3308: Mr. WALSH of Illinois. TINGS of Florida, Mr. MCDERMOTT, Ms. BERK- statements on congressional earmarks, H.R. 3310: Mr. KLINE and Mr. LATTA. LEY, Mr. RUSH, Ms. HANABUSA, Ms. WILSON of limited tax benefits, or limited tariff H.R. 3324: Mrs. LOWEY. Florida, and Mr. COHEN. benefits were submitted as follows: H.R. 3337: Mr. SMITH of Washington and Mr. H.R. 3443: Mr. BISHOP of Georgia and Mr. NUGENT. GUTHRIE. The amendment to be offered by Rep- H.R. 3340: Mr. ROTHMAN of New Jersey. H.R. 3444: Mr. ROHRABACHER, Mr. JONES, resentative RUSH, or a designee, to H.R. 1633, H.R. 3364: Mrs. BIGGERT. Mr. FORBES, and Mr. DUNCAN of Tennessee. the Farm Dust Regulation Prevention Act of H.R. 3371: Mr. PRICE of North Carolina. H.R. 3474: Mr. DUNCAN of Tennessee. 2011, does not contain any congressional ear- H.R. 3421: Mr. RAHALL, Mr. DEFAZIO, Ms. H.R. 3483: Mr. GRIJALVA. marks, limited tax benefits, or limited tariff EDDIE BERNICE JOHNSON of Texas, Ms. H.R. 3488: Mr. BENISHEK and Mr. JONES. benefits as defined in clause 9 of rule XXI.

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A TRIBUTE TO KYRIE HILLS sylvania, for his faithful and dedicated service security and steadfast leadership that is a to the United States of America through turbu- model for all who serve in the people’s house. lent times. HON. EDOLPHUS TOWNS Congratulations on your retirement, Bill, and Wallace Boyle joined the Army Air Corps in OF NEW YORK thank you for your service to the House of IN THE HOUSE OF REPRESENTATIVES 1940. At that time, there was no draft, so an Representatives and the United States of Wednesday, December 7, 2011 enlistee could choose where he wanted to be stationed. Mr. Boyle selected Hawaii as his America. Mr. TOWNS. Mr. Speaker, I rise today in duty station, and he was sent to Wheeler Air And that’s just the way it is. recognition of Ms. Kyrie Hills for her pas- Field. This put him about 24 miles from Pearl sionate devotion as a leader to inspire others Harbor on the morning of December 7, 1941. f through the performing arts. The Japanese flew over and attacked Wheeler Ms. Hills is the daughter of Harold and Pa- Air Field on the way to the naval base. The HONORING BRENT BAIR tricia Hills and the second oldest of three sib- Japanese attack on Wheeler destroyed two- lings. Ms. Hills and her family are active mem- thirds of the aircraft at the field. bers at Berean Baptist Church in Brooklyn, NY On that morning, Wallace Boyle was in the where Dr. Arlee Griffin, Jr. is their Pastor and HON. MIKE ROGERS mess hall. He was just handed a plate of pan- Rev. Byron Benton is the Youth Pastor. OF MICHIGAN Ms. Hills is currently a sophomore at Clark cakes when the first bomb struck. Mr. Boyle Atlanta University where she is pursuing a de- ran outside and began helping his wounded IN THE HOUSE OF REPRESENTATIVES comrades. More than 2,400 American lives gree in psychology with the aspiration to be- Wednesday, December 7, 2011 come a psychotherapist. One of her greatest were lost on that day, and almost 1,300 were injured. passions is dance and the performing arts, Mr. ROGERS of Michigan. Mr. Speaker, I where she strives to bring her community to- During World War II, Mr. Boyle served at Andover Airfield in England, in France, in Bel- rise today to honor a man that needs no intro- gether. During the summer of 2011 Ms. Hills duction in Michigan, nor the transportation and worked as a camp counselor at Inspired, a gium, and in Germany. He was discharged intelligent transportation network in the coun- performing arts camp in Brooklyn, NY. That from the Army in 1945. same summer she was recruited to perform in Mr. Speaker, Wallace L. Boyle Jr., who is try. the acclaimed play ‘‘For Christian Girls’’, writ- only months away from his 90th birthday, is a After 34 years of public service to the Road ten and directed by Termaine Price at Berean fine example of the faithful and dedicated men Commission for Oakland County, Brent Bair and women that make up our Armed Forces. Baptist Church. will be retiring at the end of the year. A pillar His selfless actions, and those of his genera- Ms. Hills also attends Chapel on CAU cam- of the community, Mr. Bair has a long and dis- pus, and is a member of the choir and sings tion, should forever be remembered and cher- tinguished resume. praises. Currently Ms. Hills is the CCO Rep of ished by a grateful Nation. CAU Dance Theater and aspires to be Presi- f Serving as the Managing Director of the dent of the Dance Theater next academic Road Commission for Oakland County, his de- BILL LIVINGOOD, HOUSE year. Ms. Hills has previously served as the SERGEANT AT ARMS partment is responsible for the largest county section leader of BCD ‘‘Royal Dame’’ dance road system in Michigan, second in size to the line and she is the former Vice President of HON. TED POE state highway system, and currently operates the Ministry of Sacred Dance at Berean Bap- the second largest system of adaptive traffic tist Church. OF TEXAS Ms. Hills has been awarded several awards IN THE HOUSE OF REPRESENTATIVES signals in the nation. He is widely respected and was recognized for her performing arts Wednesday, December 7, 2011 as a leading expert on road funding in Michi- gan and has been an advocate on behalf of throughout Brooklyn. In 2009 Ms. Hills per- Mr. POE of Texas. ‘‘Mr. Speaker, the Presi- formed in Dance Africa at the Brooklyn Acad- Intelligent Transportation Systems (ITS) and dent of the United States.’’ emy of Music, was recognized by the National The announcement of the President at the ITS funding. He is a founding member and Council of Negro Women, and received the State of the Union is how Americans have past president of the Intelligent Transportation Joseph A.E. Jones ‘‘Youth of the Year Award’’ come to know the House Sergeant at Arms, Society of Michigan as well as an active mem- for outstanding and dedicated service to the Bill Livingood. ber in and former chairman of the national ITS Youth Ministry at Berean Baptist Church. This duty is just one of many responsibilities Aside from her extraordinary accomplish- association, ITS America. of the House Sergeant at Arms. ments in the performing arts, Ms. Hills also He most importantly ensures the safety of As the Chairman of the Intelligent Transpor- performs community service in Atlanta with the Members, staff, and visitors as the chief law tation Systems’ Caucus in the House of Rep- NAACP, while also mentoring children at the enforcement officer in the House. resentatives, I have long looked to Brent for Booker T Washington Middle School with a And sadly Mr. Livingood, the third longest advice and guidance on good governance and group called Lady B Fly. serving Sergeant at Arms, is retiring. ITS policy. Early on I recognized the benefits Mr. Speaker, I urge my colleagues to join Bill is a wonderful person and accomplished to including technological advances in our me in recognizing the accomplishments of Ms. public servant. Kyrie Hills. cars, highways and infrastructure. Through He has served the House since 1998 educational programs and ongoing efforts by f through some of the most trying times in our Brent and ITS Michigan, Congress has recog- MR. WALLACE L. BOYLE history and previously served our country as a member of the Secret Service. nized that in this economic climate of doing HON. LOU BARLETTA I’ve known Bill for over 25 years beginning more with less, ITS solutions are an important when I was a Judge in Texas, and he was the step towards fiscal responsibility and more im- OF PENNSYLVANIA head of the Secret Service field office in Hous- portantly, smart solutions. IN THE HOUSE OF REPRESENTATIVES ton. His agents would file cases that were Wednesday, December 7, 2011 A tireless advocate for his community, Brent sometimes heard in my court. Bair will be missed. I wish him and his family Mr. BARLETTA. Mr. Speaker, today I rise to I am sad to see him go but he has made a all the best in the years to come. honor Wallace L. Boyle Jr. of Hazleton, Penn- mark on this institution with improvements in

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

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Mr. Speaker, I want to take a KING BHUMIBOL ADULYADEJ Mr. Speaker, I urge my colleagues to join moment to have the House pause in its delib- the call to end violence against women and erations this morning to honor New York State HON. DANA ROHRABACHER girls around the world. Supreme Court Justice Frank A. Sedita, Jr., OF CALIFORNIA f whose three decade judicial career will end IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO KEITH HICKS this year. The Judge, best known to friends Wednesday, December 7, 2011 and family as ‘‘Chickie,’’ is among the most lovable and well-respected legal figures in the Mr. ROHRABACHER. Mr. Speaker, I rise HON. EDOLPHUS TOWNS OF NEW YORK Western New York community. today to join the people of Thailand in cele- A lifelong Buffalonian, Judge Sedita is the brating the seventh cycle birthday anniversary IN THE HOUSE OF REPRESENTATIVES scion of one of the most famous and well-re- of His Majesty King Bhumibol Adulyadej on Wednesday, December 7, 2011 December 5th. During his reign of over 65 spected 20th century Buffalo political families. Mr. TOWNS. Mr. Speaker, I rise today in years, Thailand continues to be the United While the Judge’s father was one of Buffalo’s recognition of Mr. Keith Hicks for his leader- most well-liked 20th century political figures States’ long-term military ally, trade and eco- ship throughout his community and focus on and someone looked back upon nostalgically nomic partner, and friend in southeast Asia. education and professionalism. as one of Buffalo’s most favorite mayors; King Bhumibol holds a special relationship Mr. Hicks was born the youngest of five chil- Judge Sedita’s career as an attorney and a ju- with our country beginning with his birth in dren, to his parents John Henry and Marie An- rist has been tremendously substantial, as Cambridge, Massachusetts while his father toinette in South Jamaica, Queens. As a child have been the Judge’s contributions as a pub- was attending Harvard University. As part of Mr. Hicks learned to cultivate a strong sense lic servant to the hometown region he loves so his continuing efforts to strengthen the ties be- of leadership that would transcend into his fu- much. tween the United States and Thailand, the ture career. Born and raised in Buffalo, Judge Sedita King visited America in 1960 and 1967. Under In his early career, Mr. Hicks joined the Pri- was graduated summa cum laude from the King Bhumibol’s stewardship, Thailand has vate Industry Council, an organization com- Canisius College of Buffalo, and in 1960 become a model of democracy and economic mitted to youth development. As a program earned his J.D. at the University at Buffalo development in the region. Thailand’s role as monitor, he completed his BA degree at John Law School. During extensive legal practice in a regional democratic leader is a critical factor Jay College. He would also serve as instructor the office of the City of Buffalo’s Corporation in the development of a stable Bangkok- before moving to the Fortune Society, focusing Counsel, Judge Sedita developed substantial Washington relationship. his efforts on developing both the educational I had the distinct honor and privilege of vis- expertise in the area of education law, serving and professional lives of former prisoners. His iting King Bhumibol on my past visits. His con- for many years as the counsel to the city’s career focus of providing resources to assist- tinued efforts to provide guidance to improve Board of Education. ing the economically disadvantaged and at Judge Sedita’s career on the bench began the lives of his people were evident. Fittingly, risk youth would continue with stops at the in the mid-1970s, upon his election as an As- he was awarded the United Nations Develop- Hope Program where he served as Learning sociate Judge of the Buffalo City Court. Fol- ment Programme’s first Human Development Center Director and the WAY Program where lowing successful service as a Judge of the Lifetime Achievement Award in 2006. he served as Assistant Director, and Director. Mr. Speaker, I extend my best and warmest Mr. Hicks’ continued leadership role would Erie County Family Court, he was elected as wishes on his 84th birthday and for a long life extend to the YMCA, when he served as Di- Chief Judge of the Buffalo City Court, admin- of good health. I am pleased to join our Thai rector of the Cross Island branch in Queens. istering the city’s court system within the very friends in recognizing this special day. At the YMCA, Mr. Hicks ascended to serve as building named for his late father. During this f the Assistant Executive of the Northern Brook- period, Judge Sedita assumed responsibility lyn branch and now as the executive Director for the city’s Housing Court, raising that IN SUPPORT OF THE 16 DAYS OF of the Greenpoint Brooklyn branch, where he court’s profile and restoring its work to its ACTIVISM AGAINST GENDER VIO- continues to serve. In this capacity, Mr. Hicks rightful level of prominence. His work in that LENCE manages a budget in the millions, over 100 court was probably among the most impactful professional staff members, and offers serv- judicial work performed in Western New York HON. SAM FARR ices to thousands. during that period, and resulted in Judge OF CALIFORNIA While serving at the YMCA, Mr. Hicks had Sedita’s selection as a Buffalo News ‘‘Citizen IN THE HOUSE OF REPRESENTATIVES the opportunity to pursue his Masters Degree of the Year.’’ Wednesday, December 7, 2011 from Queens College, further providing a great For the better part of the past two decades, example to those he has influenced over the Judge Sedita has served with tremendous dis- Mr. FARR. Mr. Speaker, I rise today to years. Mr. Hicks’ accomplishments at the tinction as a Justice of the New York State speak about the 16 Days of Activism Against YMCA and throughout his career are exten- Supreme Court, continuing to bring honor to Gender Violence. This campaign draws atten- sive, but professionally he remains most proud not only his own career but also to his storied tion to the impact of violence against women of the role he has been able to play in the family name. Notwithstanding his retirement, around the world. lives of our youth. all residents in Erie County are fortunate that The 16 Days of Activism Against Gender Vi- Mr. Hicks is the proud father of a daughter the Sedita family’s tradition of effective public olence is an international campaign of activ- Tyler Marie Hicks who is presently a senior at service will continue—hopefully for many ism. It lasts for 16 days and starts on Novem- Townsend Harris School and will enter college years to come. In 2012, the judge’s son— ber 25, which is the International Day Against next year. Mr. Hicks’ favorite scripture serves Frank A. Sedita III, will complete his first term Violence Against Women, and ends on De- as a guiding force in his life, Hebrews 12:1: as Erie County’s District Attorney. Frank cember 10, International Human Rights Day. ‘‘wherefore seeing we also are compassed Sedita III has proven a tenacious and effective The campaign highlights the links between vi- about with so great a cloud of witnesses, let prosecutor throughout his legal career, and he olence against women and human rights, and us lay aside every weight and the sin which too, like his father the judge, continues to be stresses that this type of violence is a violation doth so easily beset us, and let us run with a credit to his family, and to the community of human rights. patience the race that is set before us’’. that he serves with such effectiveness. Since 1991, over 3,700 organizations in ap- Mr. Speaker, I urge my colleagues to join In closing, Mr. Speaker, I ask that the whole proximately 164 countries have participated in me in recognizing the life and accomplish- House join with those of us in Western New the 16 Days of Activism campaign. ments of Mr. Keith Hicks.

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To further reflect the ty’s first football state championship since diversity of the union’s membership, the dele- 1944, when Laurinburg High School captured Wednesday, December 7, 2011 gates at the 1987 Convention voted to be- the Class-A state title. Mr. ROGERS of Alabama. Mr. Speaker, I come the Transportation Communications Game Most Valuable Player honors were would like to request the House’s attention International Union (TCU). awarded to Scotland quarterback Kwashaun today to pay recognition to the special life of TCU, joining the ranks of the Machinists, Quick, who threw for 172 yards and two Ruby Hartley Barton of Talladega, Alabama. makes its membership and the labor move- touchdowns in the second half. Running back Mrs. Barton was born on December 15, ment that much stronger. Both of these unions Tony McRae, who received offensive MVP 1911 in Georgia to James and Victoria Hart- are constantly fighting for the dignity, welfare honors, rushed for 75 yards and two scores. ley. Mrs. Barton’s father died while she was a and prosperity of their members. Workers are Defensive MVP honors were awarded to nose baby, and her mother raised her and her six the foundation of our nation; they drive our tackle Kris Tyndall. Scotland’s superb defense brothers and sisters. Mrs. Barton grew up in a economy and our country forward. TCU and forced four Porter Ridge turnovers and al- fanning and textile family. the IAM understand the values of hard work, lowed just 161 yards of offense. She was married to the late B.W. Barton for faith, family and community—they are the I recognize the Scotland County community over 50 years and was blessed with two sons, keys of success. These four pillars are what and congratulate them on the success of their Charles D. Barton and Larry H. Barton and make TCU and IAM stronger. team and the support they have given these one daughter, Edith Barton Bishop. Mrs. Bar- This merger not only unites two unions but young men throughout the year. In the days ton now has three grandchildren, three great- two dedicated union presidents as well. The following his team’s victory, Coach Williams grandchildren and one great-great grandchild. determination of these two men to fight for the has cited the community’s support as a driving Mrs. Barton worked at Bemis Mills for close rights for fair wages and working conditions for force behind this year’s team. It is always to 40 years and has spent her life serving God everyone has its roots in Tom Buffenbarger, great to see a community get behind a pro- and volunteering in her church as a Sunday who started out as a journeyman tool and die gram that supports and encourages young School teacher, choir director and pianist. maker at GE’s jet engine plant in Evendale, people and teaches them the value of perse- On December 15th, her friends and family Ohio. In 1997 he was the youngest IAM Presi- verance and teamwork. Before Congress and will celebrate her birthday in her room at dent in its history. And Bob Scardelletti, a life- our great nation, I am proud to recognize Talladega Health Care in Talladega. Today I long railroader, started out as a yard clerk in Coach Williams, his dedicated coaching staff would like to wish Mrs. Ruby Hartley Barton a Cleveland with the New York Central Railroad and players, and the Scotland County commu- very Happy 100th Birthday. in 1967; in 1971 took on his first union posi- nity as a whole for their championship season. f tion and by 1991 was elected president and Thank you. has been re-elected by acclamation four f PERSONAL EXPLANATION times. TCU and IAM were fundamental in building FIGHTING MALARIA: PROGRESS HON. ANNA G. ESHOO the American middle-class, and have a vital AND CHALLENGES OF CALIFORNIA role today in preserving the American dream IN THE HOUSE OF REPRESENTATIVES for working families. Their unions were unified HON. CHRISTOPHER H. SMITH Wednesday, December 7, 2011 by a common purpose: to do the very best OF NEW JERSEY they can—every single day—for the members IN THE HOUSE OF REPRESENTATIVES Ms. ESHOO. Mr. Speaker, I was not they serve. The TCU/IAM merger now creates present during the rollcall vote No. 875, on a powerful force representing close to a million Wednesday, December 7, 2011 December 1, 2011. active and retired Americans. Their combined Mr. SMITH of New Jersey. Mr. Speaker, On rollcall vote No. 875 I would have voted strength will provide leadership throughout the yesterday, the Subcommittee on Africa, Global ‘‘yes.’’ labor movement; particularly, the transpor- Health, and Human Rights, which I chair, held f tation industry. TCU/IAM is now one of the a hearing on malaria, one of the most serious MERGER OF TRANSPORTATION largest rail unions in the United States. health issues facing the developing world, and COMMUNICATIONS UNION AND I ask my colleagues to join me in honoring particularly Africa, today. INTERNATIONAL ASSOCIATION this historic merger for the betterment of the For the last century, America has been a OF MACHINISTS AND AEROSPACE hard-working middle-class men and women of leader in the fight against malaria. While the WORKERS our country. United States and several other countries f have been able to eliminate malaria, this HON. CORRINE BROWN HONORING THE SCOTLAND HIGH deadly disease still presents a serious chal- lenge to other parts of our world. OF FLORIDA SCHOOL FOOTBALL TEAM ON ITS The World Health Organization estimates IN THE HOUSE OF REPRESENTATIVES 2011 NORTH CAROLINA 4–A STATE CHAMPIONSHIP TITLE that 781,000 people died from malaria in 2009 Wednesday, December 7, 2011 and that 225 million people suffered from in- Ms. BROWN of Florida. Mr. Speaker, I rise fection. Malaria is the fifth leading cause of today to commemorate the January 1, 2012 HON. LARRY KISSELL death from infectious diseases worldwide. It OF NORTH CAROLINA merger of the Transportation Communications inflicts a particularly severe toll on the people IN THE HOUSE OF REPRESENTATIVES Union (TCU) and the International Association of sub-Saharan Africa, where ninety percent of of Machinists and Aerospace Workers Wednesday, December 7, 2011 deaths are caused by malaria. Moreover, ap- (IAMAW). Mr. KISSELL. Mr. Speaker, I rise today to proximately 85 percent of malaria deaths These two great unions, with railroad roots, recognize the Scotland High School football occur in children under 5 years of age. Every are on pace to become one strong voice for team in honor of the school’s first-ever North 45 seconds, a mother and father in Africa lose hundreds of thousands of middle-class work- Carolina 4–A State Football Championship. their child to malaria. ing men and women across our great nation. The Fighting Scots rallied for 35 points in the There is also a far-reaching impact on the It was in 1888 that 19 Machinists meeting in second half on their way to a 42-16 victory wealth and development of countries with en- a locomotive pit in Atlanta, Georgia formed over a talented and determined Porter Ridge demic malaria. Africa may lose up to $12 bil- what is now the International Association of High School team, Saturday, Dec. 3. lion in productivity due to malaria each year Machinists and Aerospace Workers, com- Scotland finished the 2011 season with a due to the disease, while the disease in turn monly known as the ‘‘Fighting Machinists’’. perfect 15-0 record, the first undefeated sea- consumes about 40 percent of Africa’s public

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19176 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 7, 2011 health expenditures. These numbers and sta- tions to her community in the role of mentor, there as she donates much of her time and tistics are staggering, but they have a greater educator and community coordinator. talent to community events and charitable or- impact when one has been to Africa and met Mrs. Robertson was taught at an early age ganizations. Growing up, Kitty’s father was the the individuals who must live with the disease. to treat people with respect and integrity, and Base Commander at Mather AFB in the Anyone who spends any meaningful amount to approach any task with rigor and impor- 1970’s, and before embarking on her path in of time in Africa and mingles with the African tance. Her mother and grandmother instilled radio, Kitty attended Sacramento State grad- people will soon notice the prevalence of ma- this discipline upon her. These pillars allow uating with a degree in Communications. laria. When you ask someone whether he or her to impact the community in a positive way Along with being one of the Sacramento re- she has ever had malaria, they likely will re- through growth and development. gion’s most notable figures, Kitty is married to spond not with a yes but with the time that Mrs. Robertson devotes herself to several restaurateur Kurt Spataro, and together they has passed since they last suffered from it. charitable and educational organizations and are partners in several well known Sac- More astounding than the sad reality that sits on the board of directors for Brownville ramento area restaurants. malaria is killing or harming so many millions Heritage House Inc. (BHH) as secretary. Since If you have ever dined, listened to Sac- of people is the reality that malaria is prevent- joining BHH in 1995, Mrs. Robertson and her ramento radio or have been involved in our able and treatable. The world has the tools to fellow board members worked tirelessly to surrounding community, more than likely you prevent and treat malaria. No one in the twen- bring forth the vision of founder Mother Ro- have benefited from Kitty’s legacy. The Car- ty-first century should have to suffer from it, let setta Gaston to form an intergenerational ex- michael Chamber couldn’t have chosen a bet- alone die from it. change in order to teach African American ter person to recognize and again it is with When I last visited Uganda, I visited several children of their heritage. great pleasure that I congratulate Kitty O’Neal homes, including a home in the remote region Mrs. Robertson is a member of and has on her achievements and recognition as Per- of Bushenyi. The three-room dwelling of white- been recognized by the National Association son of the Year by the Carmichael Chamber washed walls and dirt floors was practically of Professional Women (NAPW) as Woman of of Commerce. empty, and this made the insecticide-treated the Year for 2009, 2010, and 2011 for excel- f mosquito net over the floor mats all the more lence and proficiency in her work as an adver- A TRIBUTE TO THE LIFE OF striking. These nets may seem like insignifi- tising executive. She has also received high GEORGIA FAYE BAKER cant items when listed on paper, but they are achievement award from the National Associa- noticeably visible in the modest homes of tion of Hispanic Publishers in 1994 for her those families who rely on them for protection work with AT&T. HON. JIM COSTA from this ravaging disease. Working in the advertising industry for more OF CALIFORNIA What began for the United States as an ef- than 30 years, she currently holds the position IN THE HOUSE OF REPRESENTATIVES fort to protect our troops abroad and citizens of media supervisor at UniWorld Group Inc, a Wednesday, December 7, 2011 here at home has become for us a larger multicultural agency owned by Mr. Byron Mr. COSTA. Mr. Speaker, I rise today to global health objective. Lewis Sr. In this capacity, Mrs. Robertson has pay tribute to the life of Georgia Faye Baker In the last decade we have seen a renewed had the privilege of working with fortune 500 who passed away on November 24, 2011 at commitment by the United States, international companies, recommending media strategies the age of 95. Georgia was a loyal friend, lov- organizations, and private foundations to elimi- that best showcase their products. ing mother, and respected community leader nate all malaria deaths. The effort received a In 1965, Mrs. Robertson met and married who touched the lives of many in the great notable boost in 2007 when Bill and Melinda her husband Larry Robertson. She is the San Joaquin Valley. Georgia was born on Gates renewed the challenge of worldwide proud mother of six children. She attended March 30, 1916 to James and Susan Herd in malaria eradication. New York City School of Technology and is Ozark County, Missouri. While much progress has been made in currently enrolled at Kaplan University. Georgia made her way to Madera, California combating malaria, as we have seen from Mr. Speaker, I urge my colleagues to join in 1938, where she quickly became an icon past eradication efforts, malaria can resurge me in recognizing the achievements of Mrs. and a source of inspiration due to her involve- when treatment becomes ineffective through Iris Robertson. ment in the community. On April 14, 1946, drug resistance. While the global commitment f Georgia married Aubrey Baker, the love of her remains to beat this disease, and to beat it as life. Together they worked on several projects A TRIBUTE TO KITTY O’NEAL ON soon as possible, the stakes are too high to to improve the quality of life in Madera, the THE OCCASION OF BEING NAMED bet it all on doing so before the tools we have place they called home. They were married for PERSON OF THE YEAR BY THE lose their impact. 55 years until his passing in 2001. At yesterday’s hearing the subcommittee re- CARMICHAEL CHAMBER OF COM- Through her leadership and willingness to ceived an update on the progress toward ma- MERCE serve, Georgia became a role model for her laria elimination in the most endemic countries friends and neighbors. For 33 years, she was with a focus on the vitality and effectiveness of HON. DANIEL E. LUNGREN a committed and reliable member of the the treatment component. The hearing exam- OF CALIFORNIA Madera Community Hospital Board. Her mem- ined the future of anti-malarial drug and vac- IN THE HOUSE OF REPRESENTATIVES bership demonstrated her dedication to fos- cine development, and challenges in ensuring Wednesday, December 7, 2011 tering and preserving the health and safety of an adequate supply of effective medicines. We residents throughout Central California, and also heard about the continued availability, af- Mr. DANIEL E. LUNGREN of California. Mr. her compassion and concern for our commu- fordability, and safe distribution of quality anti- Speaker, I rise today to congratulate Kitty nity served as a testament to her extraordinary malarial medicines. O’Neal on being named Person of the Year by character. Our distinguished witnesses explored the Carmichael Chamber of Commerce. A principled and engaged citizen, Georgia means for achieving the immediate goal of Over the last 20 years, Sacramentans have was very active in local, state, and national saving lives, and the ultimate goal of eradi- known Kitty as the voice of our afternoon elections. She served on a number of state cating malaria from our world. radio. With exceptional class and profes- committees and boards, including the Madera f sionalism, Kitty has given us the news on our County Fair Board. In addition, Georgia was drive home from work, anchoring the award also an energetic member of the Democratic A TRIBUTE TO IRIS ROBERTSON winning KFBK Afternoon News. As an ambas- Party. In 1960, her wisdom and capability al- sador of Sacramento, she has represented us lowed her the opportunity to campaign with HON. EDOLPHUS TOWNS at the Grammy Awards, Academy Awards and President John F. Kennedy during his bid for OF NEW YORK on national programs such as A&E Channel’s the presidency. IN THE HOUSE OF REPRESENTATIVES Biography. In 1991, the State of California honored her Those of us who live in the region know strength of character and zest for life when Wednesday, December 7, 2011 Kitty as more than simply the voice coming she was recognized as ‘‘Woman of the Year.’’ Mr. TOWNS. Mr. Speaker, I rise today in through our speakers; she is a pillar within the A generous and graceful woman, Georgia recognition of Iris Robertson for her contribu- Sacramento community. Her roots run deep was a faithful parishioner at the Madera Trinity

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19177 Episcopal Church and would often be seen at- A TRIBUTE TO ELIZABETH ments so far and hope they continue on the tending weekly services at the historic site. CROSLAND path of reform and progress. Her long-lasting participation in our community f and commitment to the well-being of future HON. EDOLPHUS TOWNS A TRIBUTE TO DEACON AUDREY generations will ensure that her legacy lives OF NEW YORK on for years to come. WRIGHT IN THE HOUSE OF REPRESENTATIVES Georgia lived an exemplary life and will un- doubtedly be missed by many. She is survived Wednesday, December 7, 2011 HON. EDOLPHUS TOWNS by her daughter, Claudia Steinauer; her sister, Mr. TOWNS. Mr. Speaker, I rise today to OF NEW YORK Mable Russell; three grandchildren; seven honor Ms. Elizabeth Crosland for her commit- IN THE HOUSE OF REPRESENTATIVES great-grandchildren and five great great-grand- ment to her community and for her service to Wednesday, December 7, 2011 children. the children of Brooklyn as a Family Assistant Mr. TOWNS. Mr. Speaker, I rise today in Mr. Speaker, I ask my colleagues to join me with PS 13. recognition of Deacon Audrey Wright who has in honoring the life of Georgia Faye Baker, a Ms. Crosland was born in Philadelphia, dedicated her life to the teachings of Jesus beloved leader and true champion for the peo- Pennsylvania to the late William T. and Annie Christ, and to her family, colleagues, and com- ple of Central California. Lee Pinchback. She was the eldest of five sib- munity. f lings, and later moved to Brooklyn, New York. Deacon Wright was born to Anna Mae King- TRIBUTE TO THE HAZARD HIGH Ms. Crosland has been employed with the Gordon and Mitchell Gordon in Princeton, SCHOOL FOOTBALL TEAM 2011 Department of Education at PS 13 as a Family West Virginia where her parents regularly at- Assistant for 24 years. During her years of tended Golden Gate Church. With her strong service, she has enjoyed working with the ad- convictions, Deacon Wright completed high HON. HAROLD ROGERS ministrators, her colleagues, and the students. OF KENTUCKY school in a very segregated district of West Ms. Crosland prays everyday that she will em- IN THE HOUSE OF REPRESENTATIVES Virginia, and soon relocated to Brooklyn, New power the lives of the students and their fami- Wednesday, December 7, 2011 York to complete her undergraduate studies at lies to become productive citizens in the com- Medgar Evers College. Mr. ROGERS of Kentucky. Mr. Speaker, I munity. Later in life Deacon Wright spent 25 years rise today to pay tribute to the 2011 Hazard Ms. Crosland attends the Mount Lebanon as an assistant teacher in the Ocean Hill Sec- High School Football Team, who captured the Baptist Church on the Hill in Bedford tion of Brooklyn before retiring. Prior to teach- Kentucky High School Athletic Association Stuyvesant, where she has been a member ing, Deacon Wright was employed by Abra- Class 1–A State Championship Title for the for 74 years. She is active on the usher board, ham Strauss for several years in the sales de- first time in history. This group of student-ath- serving the needs of the congregation. She partment. After retiring as an assistant teach- letes should be proud of this remarkable also sings in the Robert A. Laws Millennium er, she turned to the Lord and became a achievement and I am honored to recognize Choir and was a member of the Allstate Club. member at Berean Baptist Church. them as champions. Ms. Crosland is an Honorary past Matron in Joining Berean Baptist Church in 1994, she The State Championship title has been a the order of the Maria Chapter #18 Order of worked as a volunteer with children in the highly coveted achievement for the Hazard Eastern Stars. She has also been a great con- ‘‘Time Release Program’’ for seven years. At Bulldogs. After their third appearance in a tributor to the community by working with the Berean, Deacon Wright was ordained on De- Class 1–A title game in four years, the Bull- district leaders and working the primary and cember 13, 1998 and continued her deep in- dogs tenaciously took the field with experi- general election polls for many years. volvement with the church. She became a ence, heart and determination, earning every Mr. Speaker, I would like to recognize Ms. member of the First Lady’s Ministry and yard to lead them to a well-deserved victory Elizabeth Crosland for her exceptional service served as the Deacon Advisor as well as the and their first-ever State Championship. to her district as a dedicated member of her Spiritual Advisor to the Hospitality Ministry. The Hazard Bulldogs defeated a tough team local religious and government institutions, Presently, she is a member of the Deacon from Mayfield, winning 24–6. More than five and as a long serving employee of the Depart- Ministry, Pastoral Care Ministry, the Sunday thousand fans filled the Houchens Smith Sta- ment of Education. School Ministry and the Sisterhood Ministry. dium in Bowling Green, Kentucky to witness f Several of her hobbies include writing, read- these focused young men put their athletic RECOGNIZING THE NOVEMBER 25, ing and exercising. During her tenure at ability and knowledge of the game to the high- Berean, Deacon Wright wrote and directed est test. Redeeming themselves from last 2011 DEMOCRATIC ELECTIONS OF MOROCCO seven plays; two of which were performed to year’s 47–6 loss to Mayfield, the Bulldogs raise funds for Women’s Day and five others dominated the majority of the game and put that were written to raise funds for the church. an end to Mayfield’s state-best 29-game win- HON. STEVE COHEN In addition to being an avid reader and writer, ning streak. Holding the Cardinals to just 237 OF TENNESSEE Deacon Wright has been dedicated to her yards offensively, the Hazard Bulldogs forced IN THE HOUSE OF REPRESENTATIVES health and exercise—walking two miles every five Mayfield turnovers and sealed their victory Wednesday, December 7, 2011 day. with an interception returned for a touchdown Deacon Wright is married to Samuel Wright, Mr. COHEN. Mr. Speaker, I congratulate the in the last two minutes of the game. and has been blessed with three sons— This season, Coach Mark Dixon led the people of Morocco for the free and fair Par- Bobby, David, and Dominic. She is thankful for Bulldogs to a near perfect 12–2 season. De- liamentary election that took place on Novem- God in her life, and gives thanks to the Lord spite defeat in last year’s title game, the Bull- ber 25, 2011. Participation rates were 20 per- every day for loving and caring for her. cent higher than the previous election held in dogs persevered and came back this season Mr. Speaker, I urge my colleagues to join 2007. The Justice and Development Party with unwavering determination to bring the me in recognizing the life and accomplish- (PJD), a moderate Islamist party, secured the state title home to the mountains of eastern ments of Deacon Audrey Wright. Kentucky. These experiences and life lessons largest number of seats in the new Parliament. learned on the field will be carried on after the Morocco’s King Mohammed VI, in line with the f game and continue to shape these football new constitution, has already tasked the lead- HONORING DR. EDWARD WAITE players into men of promise and outstanding er of the PJD, as Head of Government, to MILLER character. form a new coalition government. This election Mr. Speaker, I ask my colleagues to join me marks the first time the Moroccan people have HON. LYNN C. WOOLSEY in honoring Coach Dixon and the Hazard High gone to the polls within the framework of the OF CALIFORNIA School 2011 Football Team as the KHSAA new constitution. With this election, Morocco IN THE HOUSE OF REPRESENTATIVES Class 1–A State Champions. This team has has crossed yet another major milestone in its successfully carried on a sports tradition of democratic progress. I extend my warm wish- Wednesday, December 7, 2011 pride in the mountains and I wish them all the es to the King of Morocco for his leadership Ms. WOOLSEY. Mr. Speaker, I rise in sad- best in the years to come. and the Moroccan people for their achieve- ness today to honor my friend, Dr. Edward

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19178 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 7, 2011 Waite Miller, who passed away October 27, 1968 when he joined the US Army. Mr. Squadron and were stationed at Pearl Harbor 2011, at the age of 92. He was a prominent Beesley served in Vietnam as part of the 1st on the horrific day of December 7, 1941. surgeon and writer in Marin County, California, Infantry Division, 101st Airborne Division until Retired Master Sergeant Weiser and his two as well as a loving family man. June 1971. After leaving the Army, Mr. friends were in the mess hall waiting in line for Born in Oyster Bay, New York, in 1919, Dr. Beesley earned a Bachelor of Science degree breakfast when the attack began. He recalls Miller studied at Union College in Schenectady in Civil Engineering at Texas A&M University, the planes flying low enough to be able to see and at Cornell Medical School with an intern- in Kingsville, Texas. the red scarves and goggles of the pilots hell- ship at Boston City Hospital. He then served Mr. Beesley started working with the Gal- bent on destruction. After surviving the initial at the US Naval Hospital in Corpus Christi and veston District, Army Corps of Engineers in wave and the smaller second wave of enemy in the South Pacific during WWII. He was July 1975. He has held numerous positions planes, it began to rain. Having lost the friends awarded the American Theatre, Asiatic-Pacific, with the Corps over the past forty years in- he enlisted with to the Japanese fury, Weiser and Victory Medals. Reactivated in 1953, his cluding; Civil Engineer in the Fort Point Area and his unit headed toward a mountain fox- service varied from making training films in the Office, Civil Engineer and Project Engineer in hole and spent some very uncomfortable California desert to witnessing nuclear testing the Houston Area Office, he worked in the nights in the flooded dugout. at the Bikini Atoll. He then received the Ko- Construction Branch of the Construction Oper- In 1943, Staff Sergeant Nate Weiser was rean Service, United Nations, and National ations Division, General Engineer in the Plant sent back to the mainland to attend special Defense Medals. Branch of the Construction Operations Divi- schooling. He was asked to serve as an Army Dr. Miller also had a distinguished medical sion, and he was promoted to Chief of the officer and declined. Weiser requested to be career. While working as a research fellow at Plant Branch in 1990 until he became the sent back to the Army Air Corps and was as- the Cleveland Clinic with Dr. Willem Kolff in Chief of Management Support Branch in 1995. signed to Jefferson Barracks in St. Louis. the 1950s, he published some seminal studies In July 1998, Mr. Beesley was again promoted From there he was detailed to the 365th Fight- on the angiography of the heart that led to re- to Senior Operations Project Manager, Project er Bomber Group, 386th Squadron based out search in the new practice of coronary bypass Operations Branch, and Operations Division. of Richmond, Virginia. Nate Weiser arrived in surgery. He later worked as a surgeon in Mr. Beesley’s outstanding work was recog- Normandy, France on June 13, 1944, a mere Mann General Hospital in Greenbrae, CA, and nized by the Galveston District in 2004 when seven days after the initial invasion. As 1944 Children’s Hospital in San Francisco, CA, and he was selected as Employee of the Year. gave way to 1945, Weiser served in the gruel- as a physician at Novato Community Hospital In July 2010, Mr. Beesley was promoted to ing 40 day Battle of the Bulge. Master Ser- in Novato, CA. Chief of Project Operations Branch in the Op- geant Nate Weiser undoubtedly saw some of In retirement Dr. Miller became well known erations Division of the Galveston District. His the fiercest combat in the history of these in the community and around the world for his duties include managing and supervising Op- great United States and was released from writing in the Coastal Post newspaper, a Mann erations and Maintenance of the District’s service in August, 1945. County publication that gave him free rein to projects including Addicks/Barker Dams and Mr. Speaker, Nathan Weiser has faithfully speak out on issues he was passionate about. Reservoirs, Brazos River Floodgates, served and dutifully protected the citizens of From advocacy for peace and human rights to Wallisville Lake Project and the Colorado the United States. Our nation owes him a his sometimes controversial pro-Palestinian River Locks. He is also responsible for over- deep debt of gratitude. He has been retired stance, he penned opinion pieces that re- seeing expenses for Operations and Mainte- since 1996 after 55 years as a small business flected his deeply held beliefs and his great nance at the Neches Saltwater Barrier, as well owner. He is blessed to enjoy life with his be- knowledge of world events. as for inspection of projects built by the Gov- loved wife of 65 years, Norma, their daughters I had many conversations with Ed Miller ernment and operated by local sponsors. Mr. Karen and Kendra and two granddaughters. about these issues, and, although I sometimes Beesley provides support/assistance to the Today, I ask my colleagues to join me in hon- didn’t agree with him, I always enjoyed our Chief, Operations Division in areas of land and oring and acknowledging Master Sergeant Na- time together and appreciated his commitment water resource management and is respon- than Weiser for his years of loyal service to and his compassion. He loved discussing ev- sible for maintenance of the district’s floating our community and country. erything from politics to poetry (which he plant. Under Mr. Beasley’s leadership, the Op- f quoted from memory) with friends and family. erations Division acquired a new floating plant A long-time resident of the Lucas Valley for the Galveston district. A TRIBUTE TO DR. R. SANDLIN area, Dr. Miller enjoyed landscaping his yard, Mr. Speaker, Mr. Ronny Beesley provided LOWE, III and he was a board member and President of outstanding services to his country and his the Lucas Valley Homeowners’ Association. town as both a soldier and an employee with HON. EDOLPHUS TOWNS Dr. Miller is survived by his wife Fusae Ito the U.S. Army Corps of Engineers, Galveston OF NEW YORK Miller; his children and stepchildren, Trudy District. It is therefore my pleasure to once IN THE HOUSE OF REPRESENTATIVES Vriethoff, Susan Ray, Lori Callahan, Jeffrey again extend my congratulations and thanks to Wednesday, December 7, 2011 Miller, Grace Bransford, and Robert Fleming him as he prepares for retirement. and their spouses; and 5 grandchildren. f Mr. TOWNS. Mr. Speaker, I rise today to Mr. Speaker, I always looked forward to honor Dr. R. Sandlin Lowe, III, MD for his out- seeing Ed Miller and will miss our lively dis- HONORING RETIRED MASTER standing contribution to Neuroscience and the cussions. Please join me in offering condo- SERGEANT NATHAN WEISER treatment of brain disorders and injuries. lences to his family and friends. Originally from Coosa County, Alabama, Dr. f HON. THADDEUS G. McCOTTER Lowe obtained his MD from Tulane University TRIBUTE TO RONNY L. BEESLEY OF MICHIGAN in 1987. Currently on the Faculty of New York IN THE HOUSE OF REPRESENTATIVES University School of Medicine with appoint- ments in both the Department of Psychiatry HON. RON PAUL Wednesday, December 7, 2011 and the Department of Physiology and Neuro- OF TEXAS Mr. MCCOTTER. Mr. Speaker, today I rise science, he is the Consulting Neuropsychiatrist IN THE HOUSE OF REPRESENTATIVES to honor and acknowledge retired Master Ser- to the NYU School of Medicine Brain Re- Wednesday, December 7, 2011 geant Nathan Weiser, on this the 70th anni- search Laboratories and Collaborating Psy- Mr. PAUL. Mr. Speaker, on December 31, versary of the attack on Pearl Harbor, a horror chiatrist at the NYU Langone Center for 2011, US Army Corps of Engineers, Galveston which by the grace of our Almighty God, Mr. Neuromagnetism. After 18 years of service District employee, Ronny L. Beesley will retire Weiser survived. and research (for which he was honored with after 40 years of service to his country. It is After graduating from Albion College with a a Congressional Award), Dr. Lowe has be- my pleasure to pay tribute to Mr. Beesley for teaching degree in 1939, Nate Weiser enlisted come a member of various research councils all he has done for the people of Texas and in the newly formed United States Army Air and health centers. the United States. Corps along with two of his friends in October Dr. Lowe is an expert in Translational Clin- Mr. Beesley’s long and distinguished career 1940. All three men were sent to Hawaii as ical Neuroscience and Therapeutics and has with the Federal Government begin in October part of the 15th Fighter Group, 45th Fighter created new paradigms for the

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19179 conceptualization, evaluation, and treatment of an invaluable contribution to the creation of include the Tennessee Tombigbee Waterway, consciousness spectrum disorders associated CPSC standards and the implementation of Herbert Hoover Dike, Portugues and Bucana with brain injuries. In the past few years, for recalls, no doubt saving many lives in the Rivers, and two of the largest environmental personal reasons, his efforts have focused on process. She has served as an invaluable re- projects in the country; South Florida Eco- autism spectrum disorders. source for me and many of my colleagues system Restoration and the Comprehensive Currently, Dr. Lowe and his colleagues are who are committed to protecting the health Restoration of the Mississippi Barrier Islands exploring small molecules, biological, cellular and well-being of children. projects. Over his stellar career he has justi- and regenerative medicine therapeutics, and The Consumer Product Safety Improvement fied billions of Federal dollars in support of applied field energy techniques to find new Act (CPSIA) became law in 2008, and it is the these and countless other much needed treatments for autism and brain injuries. most significant reform of the CPSC and its projects. For over two decades he has pro- Dr. Lowe is a co-founder of the Global Alli- responsibilities in decades. With Nancy’s vided exceptional support to Division Com- ance for Innovation in Neuroscience, to which input, I authored several provisions to the bill, manders, Chiefs of Engineers and the Assist- he brings his experience and ability to cre- including mandatory standards and testing for ant Secretaries of the Army in their annual atively approach the study and management infant and toddler products such as cribs and testimony before Congress. Through his ex- of coma and other brain injuries. Dr. Lowe high chairs and a provision requiring that post- pert knowledge of the Civil Works process Mr. possesses a remarkable energy with an un- age-paid recall registration cards must be at- Osborne consistently provided outstanding paralleled faith and optimism that are apparent tached to products. I am proud of those provi- service in the relationship with the public, Con- in his approach to research and his dedication sions, and the overall bill, which would not gressional Members and their staffs, involving to patient care. have been as strong or protective without controversial and complex issues. Dr. Lowe has recently been awarded a Nancy’s guidance. Mr. Osborne has received numerous awards grant of over $3.2 million from the Marcus I would like to thank the CPSC, and Chair- in recognition of his outstanding efforts to in- foundation to study the safety and efficacy of man Inez Tenenbaum, for recognizing the clude Superior Civilian Service Awards, the cellular and regenerative medicine thera- contributions of Nancy Cowles toward making Meritorious Civilian Service Award and he has peutics in the treatment of autism. This work products safer for children and families. As the been nominated for the prestigious Decoration will be done by the GAIN labs at New York Chairman said, Nancy’s ‘‘contributions to prod- for Exceptional Civilian Service from the Sec- City Health and Hospitals Corporation in col- uct safety are invaluable.’’ retary of the Army. laboration with the Stem Cell Institute in Pan- As a mother and grandmother deeply con- Bill Osborne is a tremendous asset not only ama, along with Inverion Technologies, Ltd. cerned about preventing injuries to children, I to the U.S. Army Corps of Engineers, but also and Xplora Interactive India. Preliminary data could not be more grateful for Nancy’s efforts to Members of Congressional Delegations from the individuals with autism who have re- and I am proud to call her a friend. throughout the Southeast and his country. I ceived these treatments shows that these new f want to sincerely wish Bill and his wife, Fran, methods are both safe and promising. every success in the future. CONGRATULATING WILLIAM (BILL) Mr. Speaker, I would like to recognize Dr. R. f Sandlin Lowe, III, MD for the advancements H. OSBORNE ON 50 YEARS OF he has made in the study and treatment of au- OUTSTANDING FEDERAL SERV- OUR UNCONSCIONABLE NATIONAL tism spectrum disorders, brain injuries, and ICE WITH THE U.S. ARMY CORPS DEBT other disorders. OF ENGINEERS f HON. MIKE COFFMAN HON. THOMAS J. ROONEY OF COLORADO RECOGNIZING THE CONTRIBU- OF FLORIDA IN THE HOUSE OF REPRESENTATIVES TIONS OF NANCY COWLES IN THE HOUSE OF REPRESENTATIVES Wednesday, December 7, 2011 HON. JANICE D. SCHAKOWSKY Wednesday, December 7, 2011 Mr. COFFMAN of Colorado. Mr. Speaker, Mr. ROONEY. Mr. Speaker, today I wish to on January 26, 1995, when the last attempt at OF ILLINOIS a balanced budget amendment passed the IN THE HOUSE OF REPRESENTATIVES congratulate Mr. William (Bill) Osborne of At- lanta, Georgia for 50 years of dedicated Fed- House by a bipartisan vote of 300–132, the Wednesday, December 7, 2011 eral service to the U.S. Army Corps of Engi- national debt was $4,801,405,175,294.28. Ms. SCHAKOWSKY. Mr. Speaker, I rise neers. He has also served as the Com- Today, it is $15,071,624,794,970.66. We’ve today to recognize Nancy Cowles, who was mandant of the 3388th USARF School in added $10,270,219,619,676.38 dollars to our honored last week with the Consumer Product Tampa, Florida with prior assignments in the debt in 16 years. This is $10 trillion in debt our Safety Commission Chairman’s Circle of Com- Office of the Deputy Chief of Staff for Logistics nation, our economy, and our children could mendation Award for her tireless advocacy for at the 81st U.S. Army Reserve Command in have avoided with a balanced budget amend- children’s product safety. This is the first time Atlanta, Georgia. He retired from the Army Re- ment. that this award has been presented, and I serve in April 1993 at the rank of Colonel. I f cannot think of anyone more deserving. hope Members will join with me today to thank A TRIBUTE TO DEBRA DAVIS- Nancy is the Executive Director of Kids in Mr. Osborne for his contributions to the Corps SMITH Danger (KID), an advocacy organization dedi- of Engineers, his local community and the cated to protecting children by improving the United States of America. HON. EDOLPHUS TOWNS safety of the products they play with or other- Mr. Osborne began his career with the OF NEW YORK wise use. In the more than a decade that Corps of Engineers in 1957 as a summer hire IN THE HOUSE OF REPRESENTATIVES Nancy has headed KID, she has served on in the Operation Division in the Nashville Dis- the front lines, educating parents and care- trict. After graduating from the University of Wednesday, December 7, 2011 givers about the dangers of certain products, Tennessee with a Bachelor’s Degree in Engi- Mr. TOWNS. Mr. Speaker, I rise today in promoting the development of safer children’s neering he joined the Jacksonville District as a recognition of Debra Davis-Smith for her serv- products, and advocating for important legisla- Civil Engineer. In 1970, he transferred to the ice to the health and well-being of those living tive and regulatory improvements. She has South Atlantic Division and took a position as in the 10th Congressional District of New worked on numerous issues both as a mem- the Assistant Chief of the Program Manage- York. ber of panels and as an outside advocate for ment Office. Since 1988 he has been the Ms. Davis-Smith was born to the late Joyce safety improvements in CPSC standards and Chief of the Civil Works Integration Division. In and Robert Davis, and raised in an extended recall efforts. this position he puts together the South Atlan- family that included her maternal grandparents Nancy has played a significant role in the tic Division’s portion of the President’s Civil and aunts in Brooklyn, New York. Being the improvement of consumer product safety, en- Works Budget for Congressional consider- eldest of three, Ms. Davis-Smith always had suring that children and families have a voice ation. the instinct to care for and look after others. and that product-makers are held accountable. Some of the major projects for which he has Ms. Davis-Smith was educated in both the In Washington, Nancy’s work has served as provided Congress justification documentation public and parochial school systems. It was

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19180 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 7, 2011 during this time that she recognized her inter- Creative Initiative Foundation, which evolved Our worst suspicions were confirmed by the est in helping others outside of her family by into Beyond War and then into the Foundation report recently released by the Bahrain Com- volunteering her services after school as the for Global Community, organizations he volun- mission of Inquiry. The report described the Candy Striper at Kings County Hospital. On teered with for 36 years. He gave so gener- disproportionate and indiscriminate use of weekends and during the summer months, ously of his time and considerable talents to force by security forces. Opposition members many other organizations, including the Boy she volunteered with the Department of Aging were abused, beaten and even tortured. which allowed her to work with elders in var- Scouts, United Way, NAACP, and most re- ious senior citizen centers and also work with cently he served on the Palo Alto Police I associate myself with the public state- her local precinct in mentoring teenagers. Chiefs Advisory Committee, where his wise ments of President Obama and Secretary of After high school, Ms. Davis-Smith attended counsel earned the respect of the entire com- State Clinton as they strongly urge the Bah- The City College of New York where she ma- mittee. raini government to follow through on its prom- jored in Sociology. During her studies, she In 1999, Jim was elected to the Palo Alto ises and to systematically and expeditiously continued to volunteer and intern with several City Council, and he was elected Mayor in implement the forthcoming recommendations non-profit groups. Her focus was always on 2005. At the age of 78, he was the City’s old- of the newly established follow-on committee. educating and empowering others whether est Mayor, but he served in the role with en- they be youth or senior citizens. ergy, enthusiasm and distinction. He was hon- To achieve a meaningful and lasting rec- Following her undergraduate studies, she ored for his Lifetime of Achievement by onciliation, all parties must engage in com- attended Fordham University and received her Avenidas in 2011. prehensive political dialogue geared toward a Master’s in Social Work. While at Fordham her I was privileged to know and work with Jim mutually satisfactory power-sharing solution. studies focused on individuals and families Burch for many years. He was a friend, a The long-standing commitment of the United which eventually led her towards the field of mentor, and an inspiration to me. The memory States to a strong partnership with the govern- mental health. The National Institute of Mental of this strong and gentle, wise and funny, ment and people of Bahrain will be influenced Health provided support to Ms. Davis-Smith proud and humble man will live long after him, by how the government of Bahrain chooses to which would also determine her future employ- as will his countless contributions which have negotiate this challenging moment in its na- ment. made our community better and our country tion’s history. Upon graduating Fordham, Ms. Davis-Smith stronger. was employed by The Catholic Guardian Soci- Jim’s son, Bill, is quoted as saying ‘‘My fa- We all will be watching closely. ety where she worked with children in foster ther led a life of giving to his family, of giving care and adoption service. She remained to his community, of giving to his city and giv- f there for a year until she began working as a ing to the world.’’ His daughter, Barbara Lind- social worker at Woodhull Medical and Mental say, said ‘‘He was the most giving person in INTRODUCTION OF THE INDO- Health Center in their Inpatient Psychiatric terms of what he sought to do out in the world NESIAN FAMILY REFUGEE PRO- Unit. Ms. Davis-Smith would spend the next and his hometown.’’ There can be no greater TECTION ACT OF 2011 25 years with the health center, working tributes than these from his beloved children. alongside dedicated professionals who shared I ask the entire House of Representatives to her passion in working with the mentally ill. join me in honoring the life and the accom- HON. CAROLYN B. MALONEY Within this time she held several positions plishments of Jim Burch, and extend our OF NEW YORK within the discipline of social work, and is cur- deepest sympathy to his wife Wileta, and his rently in the position of acting Director of So- children, Barbara, and Bill. IN THE HOUSE OF REPRESENTATIVES cial Work Services. f Wednesday, December 7, 2011 Ms. Davis-Smith is married to Clifford Smith RECENT EVENTS IN BAHRAIN and has two daughters, Brittany and Morgan. Mrs. MALONEY. Mr. Speaker, today I am With her family’s continued love and support introducing legislation with my colleagues, she is able to continue her community service. HON. CHRIS VAN HOLLEN Rep. FRANK PALLONE, Rep. LUIS GUTIERREZ, Mr. Speaker, I urge my colleagues to join OF MARYLAND Rep. MADELEINE BORDALLO, Rep. MIKE HONDA, me in recognizing the community achieve- IN THE HOUSE OF REPRESENTATIVES ments of Ms. Debra Davis-Smith. and Rep. ENI FALEOMAVAEGA, which would Wednesday, December 7, 2011 simply allow Christian Indonesian citizens flee- f Mr. VAN HOLLEN. Mr. Speaker, the U.S. ing persecution, many of whom arrived during A TRIBUTE IN HONOR OF THE and Bahrain share a decades-old economic a five-year timeframe (January 1, 1997–No- LIFE OF THE HONORABLE JAMES and strategic partnership that spawned a free vember 30, 2002) and were denied asylum E. BURCH trade agreement in 2006 and influenced the solely for missing the one-year filing deadline, decision to locate the U.S. Fifth Fleet in the the opportunity to reopen their claims during port-city of Jaffair. That partnership has en- HON. ANNA G. ESHOO the two-year period following enactment. OF CALIFORNIA dured for years in part because the U.S. Beginning in 1997, many Indonesian Chris- IN THE HOUSE OF REPRESENTATIVES viewed Bahrain as a nation committed to evolving toward a political system that allowed tians fled religious persecution in Indonesia, Wednesday, December 7, 2011 greater public participation and respect for reli- where extreme violence and destruction of Ms. ESHOO. Mr. Speaker, I rise today to gious tolerance. Events over the last year churches drove them from their homes. These pay tribute to the extraordinary life and work of have dealt a serious blow to that long held be- individuals came to this country, seeking relief the Honorable James E. Burch, known to all lief. from extreme violence and persecution for as ‘Jim’, who died on Monday, November 28, The Arab Spring inspired Bahrain’s Shi’a their religious beliefs, but were unable to make majority to seek the full human and political 2011, at the age of 85. the one-year filing deadline. They deserve the Jim Burch was born on February 27, 1926, rights that they say they have been denied opportunity to have their claims heard. in Evanston, Illinois to a World War I veteran since the Al Khalifa family became the rulers and a religious pacifist. He, his parents and of the tiny island nation over 200 years ago. The United States has long sought to pro- two brothers moved to San Mateo, California The Bahraini government’s response to the tect refugees fleeing persecution and provide in 1940. Jim graduated from San Mateo High largely peaceful demonstrations of the opposi- a process to fairly consider their claims. This School in 1943 and served in the U.S. Army tion groups who seek only a better life for bill does not, in itself, grant asylum, but merely until 1946. themselves and their families has been violent removes a procedural barrier to their claims He returned to civilian life and launched a and systematic. Dozens of demonstrators lost being considered. These individuals seeking very successful career in advertising, retiring their lives; independent media outlets were si- asylum deserve a second chance to avoid the in 1974 to serve his community as a volun- lenced; Shi’a mosques were burned; thou- persecution they have fled and remain united teer. He co-founded San Francisco’s Urban sands of Bahrainis were incarcerated and Coalition and was President of Palo Alto’s thousands more lost their jobs. with their families.

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 7, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19181 A TRIBUTE TO CRUZ FUKSMAN God, the Reverend Leon H. Matthias who will Brother Matthias holds a Licentiate in The- retire from active ministry on December 31, ology from the University of the West Indies HON. EDOLPHUS TOWNS 2011. and a Master of Arts Degree from the Pres- OF NEW YORK Sunday, December 8, 1946 seemed to be a byterian School of Christian Education. In IN THE HOUSE OF REPRESENTATIVES perfect day for the arrival of Leon Henson 2002, he obtained an MLS Degree from Matthias to George and Ethel Matthias. His Wednesday, December 7, 2011 Catholic University of America in Washington, humble home provided his first real setting DC, specializing in Archival Studies. Mr. TOWNS. Mr. Speaker, I rise today in where Christian nurture would take place. The His ministry has spanned forty years and recognition of Ms. Cruz Fuksman for her con- family were members of Gracefield Moravian the Western Hemisphere—beginning in Ja- tinued efforts to rebuild and improve her com- Church in Cedar Grove and Adrian Joseph, maica as a Student Pastor in 1971, serving munity through health and educational serv- the grandfather, was the sexton of this small- the Virgin Islands Conference in St. Croix from ices. congregation. 1988 to 1996 and St. Thomas and Tortola Ms. Fuksman was born and raised in the After primary and High School he gained from 1996 to 2000, then New York from 2002 Dominican Republic by her single mother and four subjects at Ordinary Level from the Uni- six siblings. Ms. Fuksman came to the United to 2009 and lastly in Washington DC. versity of London. In September 1967, he en- In that time he has served in many positions States to seek a better education to provide tered the teaching profession and was ap- for herself and her family. She attained her of church leadership, has mentored many pointed as an uncertified teacher at the St. young pastors and served every congregation bachelor’s in Human Services from Boricua James Government School in Cedar Grove College and later received a Master’s degree and community with excellence, dedication where he had received his early primary edu- and compassion. We are thankful to God for in Social Work from Hunter College School of cation. Social Work. Currently Ms. Fuksman works as his service, which overcame many obstacles At 19, he was elected as chairman of the over the years, and for his family who served the Community Liaison at the New York Psy- Board of Stewards at Gracefield. The mem- by his side these many years. chotherapy and Counseling Center where she bers of the congregation recognized that God I ask my colleagues to join me in asking uses her expertise in social work to serve as was calling him to a special task in His God’s blessings on Reverend Leon H. the director for a variety of mental health and church. family service programs. She likewise served Leon Henson Matthias began his theological Matthias, his wife, Mable and the entire family in this capacity at the American Red Cross of training on the island of Trinidad in 1970 and with gratitude for a life of exemplary service. Greater New York for more than a dozen in 1974 he completed the Licentiate in The- f years, where she was routinely honored as ology at the United Theological College of the PERSONAL EXPLANATION Caseworker of the Month. West Indies in Kingston, Jamaica. He served The work that Ms. Fuksman has done re- as student pastor in the Antigua and Tobago flects her ambition to reform her community at Conferences and on August 24, 1975 Brother HON. JOSEPH CROWLEY the highest levels. The social work discipline Matthias was ordained a Deacon. On Sep- OF NEW YORK she learned throughout her schooling has tember 1, 1975, he began his first appoint- IN THE HOUSE OF REPRESENTATIVES been a guiding tool that Ms. Fuksman fre- ment as a Moravian Pastor in St. Kitts. Six Wednesday, December 7, 2011 quently relies on to help families. Recently Ms. years after his ordination as a Deacon in the Mr. CROWLEY. Mr. Speaker, on December Fuksman was honored by Bushwick Impact for Moravian Church, Rev. Matthias was con- 6, 2011 I voted ‘‘no’’ on H.R. 2471; I intended her enthusiasm, wisdom, collaboration, and secrated a Presbyter. support in helping them serve over 2000 fami- On August 28, 1976, Rev. Leon Matthias to vote ‘‘yes.’’ lies in the Bushwick area. made another decision in his life. He joined in f Ms. Fuksman also displays her strong com- matrimony to Mable Hall in that beautiful west- munity ties by serving as one of the co-chairs THE PASSING OF MY DEAREST ern Jamaica Town of Montego Bay. God FRIEND AND CBC FOUNDATION of the Community Partnership Project of East blessed this marriage with three wonderful New York, Chair of the Seed Committee of the FOUNDING MEMBER, OFIELD sons, Lennox, Leon Jr. and L Richard. DUKES Cypress Hills Local Development Corporation From all accounts, Brother Leon was as and by participating in many community popular as he was active. He has always had projects and events in East New York. Aside an abundance of energy that seems con- HON. CHARLES B. RANGEL from her community involvement, Ms. tagious, and this has manifested itself through- OF NEW YORK Fuksman understands the importance of edu- out his life and the life of anyone with whom IN THE HOUSE OF REPRESENTATIVES cating our youth, and has had the opportunity he has had contact. As an executive of the Ri- Wednesday, December 7, 2011 to work as an adjunct professor at La Guardia vals Sports Club in Cedar Grove, where he Community College. was a serious cricketer and concert performer, Mr. RANGEL. Mr. Speaker, as a Member of Ms. Fuksman has a very genuine and to Youth Soccer Coach in Richmond, Virginia, Congress, I have been blessed to call many unique passion for helping children and fami- he displayed versatility and his love of sports. wonderful people my friend, but none more lies to improve the quality of their lives and for Rev. Matthias has always enjoyed leader- than Ofield Dukes. I am extremely saddened getting the community involved in efforts to im- ship roles in the church and the community. by the passing of such great man who had prove the quality of life for the residents. Ms. He however developed a new interest in 1992. significant impact in not only my life, but that Fuksman is an excellent cook and uses her In 1990, he was invited by the Lutheran of my Colleagues in the Congressional Black cooking skills to fundraise for many causes. Church in the United States Virgin Islands to Caucus, dating back to its founding. Aside Among them are victims of the earthquake in participate in an oral history workshop led by from his many accomplishments in business, Haiti, Habitat for Humanity, Breast Cancer Judy Saxton of Baylor University. This opened politics and his personal life, Ofield was simply Foundation and various Catholic charities. for him a vast new field of inquiry and an un- a true and kind person who sought to make Mr. Speaker, I urge my colleagues to join quenchable thirst for the unwritten folk history our country a better place for all. I will forever me in recognizing the accomplishments of Ms. of his people. This he has pursued in his visits miss his virtue, justness and sincerity. Cruz Fuksman. to Tanzania, London, Johannesburg and Cape Ofield was the best communications strate- f Town. gist in Washington. He helped organized the HONORING REVEREND LEON H. The versatility of the good Reverend has first Congressional Black Caucus (CBS) dinner MATTHIAS also been manifested in his editing of many in 1971 and served as an advisor to numerous publications including Rapport’ magazine and CBC chairpersons. He was a founding mem- the writing of four books—Boy from ber of the CBC Foundation and served on the HON. DONNA M. CHRISTENSEN Popeshead (1995), Against the Odds (1996), Foundation Board (CBCF) for 14 years. As the OF THE VIRGIN ISLANDS A history of the Friedensberg Moravian first chairman of the Foundation’s Finance and IN THE HOUSE OF REPRESENTATIVES Church, Tales from the Hill (1997) and Winds Fundraising Committee, Ofield was instru- Wednesday, December 7, 2011 of Change (1999) Gracefield—A Northern Star mental in developing strategies for fundraising Mrs. CHRISTENSEN. Mr. Speaker, I rise (2005) Down Punty Hill (2008) A Cloud of including recruiting business support and ac- today to pay tribute to a devoted servant of Great Witnesses (2011). tive involvement.

VerDate Sep 11 2014 11:22 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR11\E07DE1.000 E07DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19182 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 7, 2011 Ofield’s devotion to his craft was esteemed A TRIBUTE TO ALBERT am not recorded because I was absent due to by everyone. In 1988, Ofield was selected by WILTSHIRE a family event. Had I been present the week CBC Chairman Julian Dixon to serve as chair- of December 2nd, I would have voted ‘‘aye’’ man of a historic black-tie dinner in salute of HON. EDOLPHUS TOWNS on rollcall No. 888. I would have voted ‘‘nay’’ U.S. Supreme Court Justice Thurgood Mar- OF NEW YORK on rollcall No. 882, 883, 884, 885, 886, and shall. When the CBC Chairman Clyburn need- IN THE HOUSE OF REPRESENTATIVES 887. ed a person to organize and edit the first news f letter of the CBC-CBCF, he called Ofield and Wednesday, December 7, 2011 IN SUPPORT OF MOTION TO IN- for seven years he did a superb job in editing Mr. TOWNS. Mr. Speaker, I rise today in STRUCT CONFEREES ON H.R. 1540, the CBC-CBCF newsletter. recognition of Albert Wiltshire for his unwaver- NATIONAL DEFENSE AUTHORIZA- In addition to his work with the CBC & ing service. TION ACT CBCF, Ofield was dedicated to fighting for ra- Mr. Wiltshire’s career would not be as suc- cial equality. He served for 10 years on the cessful as it is if it weren’t for his stellar aca- board of the MLK, Jr. Committee for Non-Vio- demic track record. He graduated from Brook- HON. LAURA RICHARDSON lent Social Change and as an advisor to Mrs. lyn’s Boys High School when it was regarded OF CALIFORNIA Coretta Scott King. He also served as an advi- as one of the city’s top schools for learning. IN THE HOUSE OF REPRESENTATIVES sor to Dr. Leon Sullivan, organized the first Mr. Wiltshire then received his Bachelor’s de- Wednesday, December 7, 2011 Stevie Wonder March to make Dr. King’s birth- gree from St. Francis College, a Masters in Ms. RICHARDSON. Mr. Speaker, today I day a national holiday and was an advisor to Public Administration from New York Univer- rise in support of the Motion to Instruct Con- Alex Haley, author of the epic book ‘‘Roots’’ sity, and a Senior Managers in Government ferees, which instructs House conferees to in- which provided the impetus for the historic TV Program Certificate from the prestigious Har- sist on the inclusion of certain amendments in- series. vard University, John F. Kennedy School of tended to improved the sexual assault preven- Aside from all his public service achieve- Government. tion and response in the Armed Services that ments, Ofield always find time to nurture the Mr. Wiltshire’s illustrious career began with were contained in the version of National De- next generation of communicators and political the New York City Police Department, where fense Authorization Act passed by the House minds. As an adjunct professor for 25 years at he served for 20 years during the civil rights on May 26, 2011. the Howard University John H. Johnson era. Following his retirement, Mr. Wiltshire While 1 in 6 women in the United States will School of Communication, Ofield is credited worked for 13 years at the Brooklyn Navy experience some type of sexual assault in her with influencing hundreds of students to enter Yard Development Corporation serving as lifetime, as many as 1 in 3 veteran women re- the field of public relations. He also taught President and CEO. It was here that he made port that they have experienced some form of public relations at the American University for an indelible mark by strengthening the com- Military Sexual Trauma during their service. eight years. pany’s financials while also providing count- Due to shame, guilt or fear of not being be- In politics, Ofield served as a communica- less opportunities for minorities and women to lieved, countless victims do not report their as- tions consultant to the Democratic National enter the business community. sault and it has been reported that as few as Committee in six presidential campaigns. In Mr. Wiltshire went on to work as Vice Presi- 13 percent of these sexual assaults are re- 1998, Ofield worked very closely with me in dent Keyspan Corporation, one of the nation’s ported to the proper authorities. developing the national African American largest energy conglomerates. He would work Mr. Speaker, not only do cases of sexual media strategy that helped generate a large as a liaison between the company and the assault largely go unreported, but response black voter turnout that helped Democrats to government to ensure the needs of the com- protocols necessary to protect victims of as- gain control of the House of Representatives. munity were met, and to spearhead environ- sault need to be improved. Ofield is credited with having tremendous mental awareness. In addition, more must be done to protect Since 2007, Mr. Wiltshire has worked as my impact on the professional lives of many. these victims after they report their abuse. Vic- Chief of Staff, helping me represent the peo- Radio One Founder Cathy Hughes says there tims of sexual assault face a lack of confiden- ple of New York’s 10th congressional District would not be a Radio One without the early tiality, protection, support, and access to legal in Brooklyn. Managing personnel in two Brook- support and continuing advice of Ofield. Upon counsel once an incident is reported. lyn offices and the nation’s capitol, Mr. Wilt- Currently, victims of rape or sexual assault receiving his graduate degree from Princeton shire is one of my most trusted advisors on do not have the right to a unit or duty location University, Robert Johnson called Ofield who key legislative issues and public policies. Mr. transfer following an assault. The result is that arranged the first two jobs for Johnson in Wiltshire’s vast experience with the community victims of these unspeakable crimes often Washington, D.C. prior to his founding BET. in Brooklyn has been invaluable, providing have to continue serving alongside their as- In 2001, Ofield became the first African sound leadership and direction in the 10th dis- sailant. As of this date, the Department of De- American to win the Public Relations Society trict. fense has not yet adopted policies that will en- of America’s Gold Anvil, the highest individual While his service in the public and private able sexual assault victims to escape constant awards given in the public relations industry. sector has consumed most of his time, Mr. contact with their attackers. In 2004, PRWeek named him one of this na- Wiltshire continues his involvement with the Mr. Speaker, this is a huge problem. Some- tion’s top five national communicators. In Madison Boys and Girls Club, Brooklyn School thing must be done. 2009, Dukes succeeded Dr. C. Delores Tucker of Music, and the vestry of the Church of St. Fortunately, the problem of rape and sexual as President of the Bethune-DuBois Institute. Luke and St. Matthew. assault in the military has been addressed by Ofield’s other professional recognition in- Mr. Wiltshire is a proud father, grandfather, provisions in both the House- and Senate- cludes: being named by the Washington Post and mentor to many. The life he chose to lead passed versions of the National Defense Au- as one of the top five PR persuaders in Wash- is one that is admired by many and should be thorization Act for FY 2012 (NDAA). In both ington; among the first to be inducted into the emulated by all. Mr. Speaker, I urge my col- the House and Senate versions, the NDAA Washington, D.C. Public Relations Hall of leagues to join me in recognizing the many makes improvements in the military’s re- Fame; inducted into the Commonwealth of Vir- achievements of Mr. Albert Wiltshire. sponse to sexual assault and to provide great- ginia Communications Hall of Fame; and re- f er protections for our service men and women ceiving the Wayne State University 2010 in the armed forces. Our hope is to ensure Alumni Achievement Award. PERSONAL EXPLANATION zero tolerance for sexual assault in the mili- Ofield’s list of accomplishments goes on tary. and on, but what his friendship meant to me HON. JO ANN EMERSON However, the House and Senate versions of and so many people is immeasurable. I want OF MISSOURI this act differ significantly. The House version to express my deepest condolences to his IN THE HOUSE OF REPRESENTATIVES of the NDAA has stronger provisions regarding beautiful family. Ofield Dukes was one of a sexual assault in the military by strengthening kind and he will be deeply missed. His legacy Wednesday, December 7, 2011 legal protections for the victims, providing sup- will last throughout Washington and our coun- Mrs. EMERSON. Mr. Speaker, on rollcall port and guidance to victims, and by strength- try. No. 882, 883, 884, 885, 886, 887, and 888 I ening the systems in place to prevent future

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His selfless actions, and those This title requires all such committees are provisions: of his generation, should forever be remem- to notify the Office of the Senate Daily ensuring that sexual assault victims be af- bered and cherished by a grateful nation. Digest—designated by the Rules Com- forded legal counsel if desired; f mittee—of the time, place, and purpose protecting the confidentiality and victim ad- of the meetings, when scheduled, and vocates; A TRIBUTE TO ABU BEKR COURT any cancellations or changes in the requiring that commanders transfer duty sta- NO. 74 meetings as they occur. tions; and As an additional procedure along requiring adequate training and education HON. EDOLPHUS TOWNS with the computerization of this infor- mation, the Office of the Senate Daily programs to prevent sexual assault. OF NEW YORK Digest will prepare this information for Mr. Speaker, we have a duty to protect our IN THE HOUSE OF REPRESENTATIVES men and women in the military, who put their printing in the Extensions of Remarks Wednesday, December 7, 2011 lives on the line for our country. We have a section of the CONGRESSIONAL RECORD duty to make our armed forces safe for all Mr. TOWNS. Mr. Speaker, I rise today in on Monday and Wednesday of each week. men and women who wish to serve. It is dan- recognition of Abu Bekr Court No. 74 for its long history of community involvement through Meetings scheduled for Thursday, De- gerous enough risking one’s safety in defense cember 8, 2011 may be found in the of our country on foreign shores. It is simply activities and sponsorships. Daily Digest of today’s RECORD. intolerable for American servicewomen and Abu Bekr Court No. 74 has participated in men to have to assume the risk of sexual as- all of the programs and projects of the Impe- MEETINGS SCHEDULED sault from their comrades. rial court, Daughters of Iris. Individual Court The provisions in the version of H.R. 1540 members have been actively involved in nu- DECEMBER 13 passed by the House reflects a zero tolerance merous community volunteer activities on be- 10 a.m. policy when it comes to the sexual assault of half of the organization. Agriculture, Nutrition, and Forestry The projects supported by Abu Bekr Court To hold hearings to examine MF Global members of the Armed Forces by members of bankruptcy. the Armed Forces. That is why I strongly sup- No. 74 and its members include: homeless SH–216 port this Motion to Instruct Conferees on H.R. women’s shelters, a hospital for children with Judiciary 1540. I urge all of my colleagues to do like- special needs, gifts of love baskets to elderly To hold hearings to examine the nomina- wise. and needy community residents, donations to tion of Paul J. Watford, of California, f local community churches and the NAACP. to be United States Circuit Judge for Under the leadership of their Illustrious the Ninth Circuit. MR. CHARLES L. NEUBERT Commandress, Dt. Shirley Holliday, Abu Bekr SD–226 Court has been in partnership with Tilden Hall Environment and Public Works Water and Wildlife Subcommittee HON. LOU BARLETTA by sponsoring multiple clothing drives. To hold hearings to examine our nation’s OF PENNSYLVANIA The Court has served in many capacities water infrastructure, focusing on chal- IN THE HOUSE OF REPRESENTATIVES throughout the community. They attended a lenges and opportunities. World Day of Worship at Berean Baptist SD–406 Wednesday, December 7, 2011 Church and gave a sizable monetary donation 10:15 a.m. Mr. BARLETTA. Mr. Speaker, today I rise to to their Drum Line Youth group, while also Health, Education, Labor, and Pensions honor Charles L. Neubert of Hazleton, Penn- raising hundreds of dollars to participate in the Children and Families Subcommittee sylvania, for his faithful and dedicated service To hold hearings to examine child abuse, Breast Cancer Walk. The Court has also do- focusing on protection, prevention, to the United States of America through turbu- nated school supplies to several schools in intervention, and deterrence. lent times. Brooklyn and Long Island, as well as donating SD–106 Charles Neubert was serving in the National over 200 knit hats to cancer patients through 2:30 p.m. Guard in the State of Washington when he de- the American Cancer Society. Banking, Housing, and Urban Affairs cided to transfer to active duty in 1941. He Abu Bekr Court No. 74 is pleased to have Housing, Transportation and Community was assigned to the 16th Truck Company, had 57 Daughters lead this Court and serve Development Subcommittee Quartermaster Corps. At the time, Charles as Illustrious Commandress since 1949. As To hold hearings to examine helping Neubert was only 20 years old. He was sta- homeowners harmed by foreclosures, part of Abu Bekr Court’s great history, two of focusing on ensuring accountability tioned in Pearl Harbor, Hawaii. their Daughters served the Imperial Court and transparency in appeals. Mr. Neubert was working in the motor pool Daughters of Isis as Imperial Commandress, SD–538 during the surprise military attack conducted which is the highest honor that can be be- by the Imperial Japanese Navy on the morn- stowed upon a Daughter. Dt. Phyllis McKoy DECEMBER 14 ing of December 7, 1941. Mr. Neubert who was elected and served as Imperial 9:30 a.m. watched helplessly as 353 Japanese fighters Commandress in 1984 and now Dt. Ruth Banking, Housing, and Urban Affairs and bombers launched their assault on the Mayfield Ellerbe who was elected and installed Securities, Insurance and Investment Sub- naval base. When he recalls this day, Charles as Imperial Commandress of the Imperial committee Neubert can remember thinking that the Court Daughters of Iris on August 18, 2011. To hold hearings to examine investor planes just kept coming and coming. More risks in capital raising. The Court looks forward to continuing their SD–538 than 2,400 American lives were lost on that long tradition of service to the community and 10 a.m. day, and almost 1,300 were injured. to remain supportive to the Imperial Court, Foreign Relations Charles Neubert continued to serve his Daughters of Isis. European Affairs Subcommittee country in the 357th and the 356th Truck Mr. Speaker, I urge my colleagues to join To hold hearings to examine the state of Companies on both Pearl Island and on Tinian me in recognizing the community achieve- human rights and rule of law in Russia, in the Marianas Islands. ments that Abu Bekr Court No. 74 has made focusing on United States policy op- Charles Neubert would be discharged from in Brooklyn and throughout New York City. tions. active duty in the Army in June 1945, just a SD–419 f Health, Education, Labor, and Pensions few months before the end of the war. He SENATE COMMITTEE MEETINGS Business meeting to consider S. 1855, to would join the Naval Reserves in 1950, and amend the Public Health Service Act he served aboard the USS Douglas H Fox Title IV of Senate Resolution 4, to reauthorize various programs under (DD779) for 15 months during the Korean agreed to by the Senate on February 4, the Pandemic and All-Hazards Pre- War. He was discharged in 1953. 1977, calls for establishment of a sys- paredness Act, and the nominations of

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