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

Vol. 158 WASHINGTON, MONDAY, APRIL 23, 2012 No. 58 House of Representatives The House met at 11 a.m. and was PLEDGE OF ALLEGIANCE CONGRESS OF THE UNITED STATES, called to order by the Speaker pro tem- HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. The Washington, DC, April 19, 2012. pore (Mr. CULBERSON). Chair will lead the House in the Pledge Hon. JOHN A. BOEHNER, f of Allegiance. Speaker, House of Representatives, Washington, DC. DESIGNATION OF THE SPEAKER The SPEAKER pro tempore led the DEAR MR. SPEAKER: This is to notify you PRO TEMPORE Pledge of Allegiance as follows: formally pursuant to Rule VIII of the Rules The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the of the House of Representatives that I have fore the House the following commu- United States of America, and to the Repub- been served with a subpoena, issued by the nication from the Speaker: lic for which it stands, one nation under God, 362nd Judicial District Court in Denton, indivisible, with liberty and justice for all. Texas, to testify in a criminal case. WASHINGTON, DC, After consultation with the Office of Gen- April 23, 2012. eral Counsel, I have determined that compli- I hereby appoint the Honorable JOHN f ance with the subpoena is consistent with ABNEY CULBERSON to act as Speaker pro tempore on this day. the precedents and privileges of the House. Sincerely, JOHN A. BOEHNER, COMMUNICATION FROM THE Speaker of the House of Representatives. CLERK OF THE HOUSE ERIC WITH, District Director, Of- f The SPEAKER pro tempore laid be- fice of Congressman Michael C. Burgess. PRAYER fore the House the following communication from the Clerk of the House of The Chaplain, the Reverend Patrick Representatives: f J. Conroy, offered the following prayer: OFFICE OF THE CLERK, Gracious God, we give You thanks for HOUSE OF REPRESENTATIVES, giving us another day. Washington, DC, April 23, 2012. BILL PRESENTED TO THE You have blessed us with all good Hon. JOHN A. BOEHNER, PRESIDENT gifts, and with thankful hearts we ex- The Speaker, U.S. Capitol, Karen L. Haas, Clerk of the House, Washington, DC. press our gratitude. You have created reported that on March 29, 2012, she us with opportunities to serve other DEAR MR. SPEAKER: Pursuant to the per- presented to the President of the mission granted in Clause 2(h) of Rule II of people in their need, to share together United States, for his approval, the fol- in respect and affection, and to be the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- lowing bill. faithful in the responsibilities we have sage from the Secretary of the Senate on H.R. 4281. To provide an extension of Fed- been given. April 23, 2012 at 9:15 a.m.: eral-aid highway, highway safety, motor car- In this moment of prayer, please That the Senate passed with an amend- rier safety, transit, and other programs fund- grant to the Members of this people’s ment H.R. 1021. ed out of the Highway Trust Fund pending House the gifts of wisdom and discern- With best wishes, I am, enactment of a multiyear law reauthorizing ment, that in their words and actions Sincerely, such programs. they will do justice, love with mercy, KAREN L. HAAS. and walk humbly with You. f May all that is done this day be for f Your greater honor and glory. ADJOURNMENT Amen. COMMUNICATION FROM DISTRICT The SPEAKER pro tempore. Without f DIRECTOR, THE HONORABLE MI- objection, the House stands adjourned THE JOURNAL CHAEL C. BURGESS, MEMBER OF until noon tomorrow for morning-hour CONGRESS The SPEAKER pro tempore. The debate. Chair has examined the Journal of the The SPEAKER pro tempore laid be- There was no objection. last day’s proceedings and announces fore the House the following commu- Accordingly (at 11 o’clock and 4 min- to the House his approval thereof. nication from Eric With, District Di- utes a.m.), under its previous order, the Pursuant to clause 1, rule I, the Jour- rector, the Honorable MICHAEL C. BUR- House adjourned until tomorrow, Tues- nal stands approved. GESS, Member of Congress: day, April 24, 2012, at noon.

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.

H2035

VerDate Mar 15 2010 00:51 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.000 H23APPT1 tjames on DSK6SPTVN1PROD with HOUSE H2036 CONGRESSIONAL RECORD — HOUSE April 23, 2012 EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first quarter of 2012 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, KATHERINE HALEY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 17 AND FEB. 25, 2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. cur- currency 2 currency 2 currency 2 rency 2

Katherine Haley ...... 2/18 2/24 Zambia ...... 1,764.00 ...... 18,830.00 ...... 20,594.00 ...... (3) ...... ¥132.00

Committee total ...... 20,462.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Amount returned to Treasury. KATHERINE HALEY, Mar. 23, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JENNIFER STEWART, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 18 AND FEB. 26, 2012

Jennifer Stewart ...... 2/18 2/20 Egypt ...... 648.00 ...... 9,056.00 ...... 9,704.00 2/20 2/22 Lebanon ...... 518.00 ...... 518.00 2/22 2/26 Jordan ...... 942.00 ...... 942.00

Committee total ...... 11,164.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JENNIFER M. STEWART, Mar. 26, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ARMENIA, KYRGYZSTAN, PAKISTAN, AND SWEDEN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 18 AND FEB. 26, 2012

Hon. David Dreier ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hon. James P. Moran ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hon. Joe Wilson ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hon. Adrian Smith ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hon. Kenny Marchant ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Conroy ...... 2 /19 2 /20 Armenia ...... 235.00 ...... (3) ...... 235.00 Brad Smith ...... 2 /19 2 /20 Armenia ...... 235.00 ...... (3) ...... 235.00 Leman ...... 2 /19 2 /20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hildebrand ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Lis ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Lawrence ...... 2/19 2/20 Armenia ...... 235.00 ...... (3) ...... 235.00 Hon. David Dreier ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hon. James P. Moran ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hon. Joe Wilson ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hon. Adrian Smith ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hon. Kenny Marchant ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Conroy ...... 2 /20 2 /23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Brad Smith ...... 2 /20 2 /23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Leman ...... 2 /20 2 /23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hildebrand ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Lis ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Lawrence ...... 2/20 2/23 Kyrgyzstan ...... 1,013.00 ...... (3) ...... 1,013.00 Hon. David Dreier ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hon. James P. Moran ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hon. Joe Wilson ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hon. Adrian Smith ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hon. Kenny Marchant ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Conroy ...... 2 /23 2 /25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Brad Smith ...... 2 /23 2 /25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Leman ...... 2 /23 2 /25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hildebrand ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Lis ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Lawrence ...... 2/23 2/25 Pakistan ...... 579.00 ...... (3) ...... 579.00 Hon. David Dreier ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Hon. James P. Moran ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Hon. Joe Wilson ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Hon. Adrian Smith ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Hon. Kenny Marchant ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Conroy ...... 2 /25 2 /26 Sweden ...... 438.00 ...... (3) ...... 438.00 Brad Smith ...... 2 /25 2 /26 Sweden ...... 438.00 ...... (3) ...... 438.00 Leman ...... 2 /25 2 /26 Sweden ...... 438.00 ...... (3) ...... 438.00 Hildebrand ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Lis ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00 Lawrence ...... 2/25 2/26 Sweden ...... 438.00 ...... (3) ...... 438.00

Committee total ...... 24,915.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID DREIER, Mar. 20, 2012.

VerDate Mar 15 2010 00:14 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 8634 E:\CR\FM\A23AP7.004 H23APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 23, 2012 CONGRESSIONAL RECORD — HOUSE H2037 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO IRELAND, EGYPT, TUNISIA, AND LIBYA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 11 AND MAR. 18, 2012

Hon. Nancy Pelosi ...... 3/11 3/14 Ireland ...... 747.56 ...... (3) ...... 747.56 Hon. George Miller ...... 3/11 3/14 Ireland ...... 1,017.56 ...... (3) ...... 1,017.56 Hon. Ed Markey ...... 3/11 3/14 Ireland ...... 1,242.56 ...... (3) ...... 1,242.56 Hon. Nick Rahall ...... 3/11 3/14 Ireland ...... 1,242.56 ...... (3) ...... 1,242.56 Hon. Richard Neal ...... 3/13 3/15 Ireland ...... Hon. Carolyn Maloney ...... 3/11 3/14 Ireland ...... 1,242.56 ...... (3) ...... 1,242.56 Hon. Mike Doyle ...... 3 /11 3 /15 Ireland ...... 1,529.74 ...... 765.30 ...... 2,295.04 Hon. Keith Ellison ...... 3/11 3/14 Ireland ...... 1,242.56 ...... (3) ...... 1,242.56 Dr. Brian Monahan ...... 3/11 3/14 Ireland ...... 1,061.56 ...... (3) ...... 1,061.56 John Lawrence ...... 3/11 3/14 Ireland ...... 949.56 ...... (3) ...... 949.56 Wyndee Parker ...... 3/11 3/14 Ireland ...... 1,042.56 ...... (3) ...... 1,042.56 Nadeam Elshami ...... 3/11 3/14 Ireland ...... 1,201.56 ...... (3) ...... 1,201.56 Bridget Fallon ...... 3/10 3/14 Ireland ...... 1,656.74 ...... 2,337.70 ...... 3,994.44 Catlin O’Neill ...... 3/11 3/14 Ireland ...... 1,189.92 ...... (3) ...... 1,189.92 Kate Knudson ...... 3/11 3/14 Ireland ...... 1,242.56 ...... (3) ...... 1,242.56 Hon. Nancy Pelosi ...... 3/14 3/16 Egypt ...... 440.00 ...... (3) ...... 440.00 Hon. George Miller ...... 3/14 3/16 Egypt ...... 624.00 ...... (3) ...... 624.00 Hon. Ed Markey ...... 3/14 3/16 Egypt ...... 624.00 ...... (3) ...... 624.00 Hon. Nick Rahall ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Hon. Carolyn Maloney ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Hon. Keith Ellison ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Dr. Brian Monahan ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 John Lawrence ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Nadeam Elshami ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Bridget Fallon ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Catlin O’Neill ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Kate Knudson ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Wyndee Parker ...... 3/14 3/16 Egypt ...... 534.00 ...... (3) ...... 534.00 Hon. Nancy Pelosi ...... 3/16 3/17 Tunisia ...... 184.03 ...... (3) ...... 184.03 Hon. George Miller ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Hon. Ed Markey ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Hon. Nick Rahall ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Hon. Carolyn Maloney ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Hon. Keith Ellison ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Dr. Brian Monahan ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 John Lawrence ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Nadeam Elshami ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Bridget Fallon ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Catlin O’Neill ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Kate Knudson ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Wyndee Parker ...... 3/16 3/17 Tunisia ...... 386.03 ...... (3) ...... 386.03 Hon. Nancy Pelosi ...... 3/17 3/17 Libya ...... (3) ...... Hon. George Miller ...... 3/17 3/17 Libya ...... (3) ...... Hon. Nick Rahall ...... 3/17 3/17 Libya ...... (3) ...... Hon. Carolun Maloney ...... 3/17 3/17 Libya ...... (3) ...... Hon. Keith Ellison ...... 3/17 3/17 Libya ...... (3) ...... Dr. Brian Monahan ...... 3/17 3/17 Libya ...... (3) ...... John Lawrence ...... 3/17 3/17 Libya ...... (3) ...... Nadeam Elshami ...... 3/17 3/17 Libya ...... (3) ...... Wyndee Parker ...... 3/17 3/17 Libya ...... (3) ...... Committee total ...... 154,570.49 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. NANCY PELOSI, Apr. 10, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. PAUL RYAN, Chairman, Apr. 13, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

HOUSE COMMITTEES Plese Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. JOHN KLINE, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

Hon. Louie Gohmert ...... 12/31 12/31 Kuwait ...... 12/31 1/1 Afghanistan ......

VerDate Mar 15 2010 00:14 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 8634 E:\CR\FM\A23AP7.004 H23APPT1 tjames on DSK6SPTVN1PROD with HOUSE H2038 CONGRESSIONAL RECORD — HOUSE April 23, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012— Continued

1 /1 1 /2 Dubai ...... 35.00 ...... 13,218.90 ...... 13,253.90 1 /7 1 /12 Germany ...... 644.00 ...... 6,982.10 ...... 7,626.10 Hon. Mike Quigley ...... 1/10 1/14 Poland ...... 241.34 ...... 2,975.60 ...... 3,216.94 Committee total ...... 24,096.94 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LAMAR SMITH, Chairman, Apr. 10, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON VETERANS’ AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2012

EXECUTIVE COMMUNICATIONS, cation that the Average Procurement Unit report on transactions involving U.S. exports ETC. Cost (APUC) and Program Acquisition Unit to Brazil, Japan, and Panama pursuant to Cost metrics for the Joint Land Attack Section 2(b)(3) of the Export-Import Bank Under clause 2 of rule XIV, executive Cruise Missile Defense Elevated Netted Sen- Act of 1945, as amended; to the Committee on communications were taken from the sor System Program have exceeded the crit- Financial Services. Speaker’s table and referred as follows: ical cost growth threshold, pursuant to 10 5715. A letter from the Chairman and Presi- 5711. A communication from the President U.S.C. 2433(e)(1); to the Committee on Armed dent, Export-Import Bank, transmitting a of the United States, transmitting FY 2013 Services. report on transactions involving U.S. exports Budget Amendments for the Departments of 5713. A letter from the Chairman and Presi- to Australia pursuant to Section 2(b)(3) of Defense, Health and Human Services, Home- dent, Export-Import Bank, transmitting a the Export-Import Bank Act of 1945, as land Security, Housing and Urban Develop- report on transactions involving U.S. exports amended; to the Committee on Financial ment, State and Other International Pro- to Brazil and Canada pursuant to Section Services. grams, as well as the Corps of Engineers; (H. 2(b)(3) of the Export-Import Bank Act of 1945, Doc. No. 112—99); to the Committee on Ap- as amended; to the Committee on Financial 5716. A letter from the Director, Regu- propriations and ordered to be printed. Services. latory Management Division, Environmental 5712. A letter from the Secretary, Army, 5714. A letter from the Chairman and Presi- Protection Agency, transmitting the Agen- Department of Defense, transmitting notifi- dent, Export-Import Bank, transmitting a cy’s final rule — Approval and Promulgation

VerDate Mar 15 2010 00:51 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.004 H23APPT1 tjames on DSK6SPTVN1PROD with HOUSE April 23, 2012 CONGRESSIONAL RECORD — HOUSE H2039 of Implementation Plans and Operating Per- ting Report to Congress on U.S.-funded By Mr. ROSS of Florida: mits Program; Commonwealth of Puerto international broadcasting efforts in Iran; to H.R. 4472. A bill to reduce the travel ex- Rico; Administrative Changes [EPA-R02- the Committee on Foreign Affairs. penses for certain Federal employees, and for OAR-2010-0032, FRL-9645-8] received March 5726. A letter from the Secretary, Depart- other purposes; to the Committee on Over- 22, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Commerce, transmitting a certifi- sight and Government Reform. the Committee on Energy and Commerce. cation of export to China; to the Committee By Mr. CASSIDY: 5717. A letter from the Director, Regu- on Foreign Affairs. H.R. 4473. A bill to extend and modify the latory Management Division, Environmental 5727. A communication from the President temporary reduction of duty on Mesotrione; Protection Agency, transmitting the Agen- of the United States, transmitting notifica- to the Committee on Ways and Means. cy’s final rule — Approval and Promulgation tion of an Executive Order that takes addi- By Mr. CASSIDY: of Air Quality Implementation Plans; Dela- tional steps with respect to the national H.R. 4474. A bill to reduce temporarily the ware, Maryland, New Jersey, and Pennsyl- emergency declared in Executive Order 12957 rate of duty on s-Metolachlor; to the Com- vania; Determinations of Attainment of the of March 15, 1995 and the national emergency mittee on Ways and Means. 1997 8-Hour Ozone Standard for the Philadel- with respect to Syria, originally by Execu- By Mr. CASSIDY: phia-Wilmington-Atlantic City Moderate tive Order 13338 of May 11, 2004; (H. Doc. No. H.R. 4475. A bill to extend and modify the Nonattainment Area [EPA-R03-OAR-2011- 112—100); to the Committee on Foreign Af- temporary reduction of duty on DEMBB; to 0713; FRL-9652-6] received March 22, 2012, pur- fairs and ordered to be printed. the Committee on Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5728. A letter from the Chair, Recovery Ac- By Mr. CASSIDY: mittee on Energy and Commerce. countability and Transparency Board, trans- H.R. 4476. A bill to extend and modify the 5718. A letter from the Director, Regu- mitting the Board’s annual report for FY temporary reduction of duty on Prodiamine; latory Management Division, Environmental 2011 prepared in accordance with Section 203 to the Committee on Ways and Means. Protection Agency, transmitting the Agen- of the Notification and Federal Employee By Mr. CASSIDY: cy’s final rule — Approval and Promulgation Antidiscrimination and Retaliation Act of H.R. 4477. A bill to extend the temporary of Air Quality Implementation Plans; Illi- 2002 (No FEAR Act), Public Law 107-174; to suspension of duty on Onitrophenol; to the nois; Volatile Organic Compound Emissions the Committee on Oversight and Govern- Committee on Ways and Means. Control Measures for Chicago and Metro- ment Reform. By Mr. CASSIDY: East St. Louis Ozone Nonattainment Areas 5729. A letter from the Acting Assistant H.R. 4478. A bill to extend and modify the [EPA-R05-OAR-2010-0671; FRL-9633-4] re- Commissioner for Civil Rights and Equal Op- temporary reduction of duty on Pinoxaden; ceived March 22, 2012, pursuant to 5 U.S.C. portunity, Social Security Administration, to the Committee on Ways and Means. 801(a)(1)(A); to the Committee on Energy and transmitting the Administration’s annual By Mr. CASSIDY: Commerce. H.R. 4479. A bill to suspend temporarily the 5719. A letter from the Director, Regu- report for FY 2011 prepared in accordance latory Management Division, Environmental with Section 203 of the Notification and Fed- duty on Clodinafop; to the Committee on Protection Agency, transmitting the Agen- eral Employee Antidiscrimination and Re- Ways and Means. cy’s final rule — Approval and Promulgation taliation Act of 2002 (No FEAR Act), Public f Law 107-174; to the Committee on Oversight of Air Quality Implementation Plans; State CONSTITUTIONAL AUTHORITY of Nevada; Regional Haze State Implementa- and Government Reform. tion Plan [EPA-R09-OAR-2011-0130; FRL-9612- 5730. A letter from the Acting Director, Of- STATEMENT 7] received March 22, 2012, pursuant to 5 fice of Sustainable Fisheries, NMFS, Na- Pursuant to clause 7 of rule XII of U.S.C. 801(a)(1)(A); to the Committee on En- tional Oceanic and Atmospheric Administra- the Rules of the House of Representa- tion, transmitting the Administration’s final ergy and Commerce. tives, the following statements are sub- 5720. A letter from the Director, Regu- rule — Fisheries of the Caribbean, Gulf of latory Management Division, Environmental Mexico, and South Atlantic; Snapper-Group- mitted regarding the specific powers Protection Agency, transmitting the Agen- er Fishery of the South Atlantic; Closure granted to Congress in the Constitu- cy’s final rule — Approval and Promulgation [Docket No.: 040205043-4043-01] (RIN: 0648- tion to enact the accompanying bill or of Air Quality Implementation Plans; West XA989) received March 26, 2012, pursuant to 5 joint resolution. Virginia; Regional Haze State Implementa- U.S.C. 801(a)(1)(A); to the Committee on Nat- By Mr. WHITFIELD: tion Plan [EPA-R03-OAR-2011-0092; FRL-9651- ural Resources. H.R. 4471. 7] received March 22, 2012, pursuant to 5 5731. A letter from the Acting Director, Of- Congress has the power to enact this legis- U.S.C. 801(a)(1)(A); to the Committee on En- fice of Sustainable Fisheries, NMFS, Na- lation pursuant to the following: ergy and Commerce. tional Oceanic and Atmospheric Administra- Article I, Section 8, clause 3 5721. A letter from the Director, Regu- tion, transmitting the Administration’s final By Mr. ROSS of Florida: latory Management Division, Environmental rule — Fisheries of the Exclusive Economic H.R. 4472. Protection Agency, transmitting the Agen- Zone Off Alaska; Pollock in Statistical Area Congress has the power to enact this legis- cy’s final rule — Approval and Promulgation 630 in the Gulf of Alaska [Docket No.: lation pursuant to the following: of Air Quality Implementation Plans; Cali- 101126522-0640-02] (RIN: 0648-XB010) received Clause I of section 8 of article I of the Con- fornia Air Resources Board — In-Use Heavy- March 26, 2012, pursuant to 5 U.S.C. stitution. Duty Diesel-Fueled Truck and Bus Regula- 801(a)(1)(A); to the Committee on Natural By Mr. CASSIDY: tion, and Drayage Truck Regulation [EPA- Resources. H.R. 4473. R09-OAR-2011-0544; FRL-9633-3] received 5732. A letter from the Acting Director, Of- Congress has the power to enact this legis- March 22, 2012, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- lation pursuant to the following: 801(a)(1)(A); to the Committee on Energy and tional Oceanic and Atmospheric Administra- Article I, Section 8, Clause 1 of the United Commerce. tion, transmitting the Administration’s final States Constitution, the Taxing and Spend- 5722. A letter from the Director, Regu- rule — Fisheries of the Exclusive Economic ing Clause: ‘‘The Congress shall have Power latory Management Division, Environmental Zone Off Alaska; Pacific Cod by Catcher/ Protection Agency, transmitting the Agen- To lay and collect Taxes, Duties, Imposts Processors Using Trawl Gear in the Western and Excises, to pay the Debts and provide for cy’s final rule — Emergency Planning and Regulatory Area of the Gulf of Alaska Notification; Emergency Planning and List the common Defence and general Welfare of [Docket No.: 101126522-0640-2] (RIN: 0648- the United States . . . of Extremely Hazardous Substances and XB014) received March 26, 2012, pursuant to 5 Threshold Planning Quantities [EPA-HQ- By Mr. CASSIDY: U.S.C. 801(a)(1)(A); to the Committee on Nat- H.R. 4474. SFUND-2010-0586; FRL-9651-1] (RIN: 2050- ural Resources. AF08) received March 22, 2012, pursuant to 5 Congress has the power to enact this legis- U.S.C. 801(a)(1)(A); to the Committee on En- f lation pursuant to the following: ergy and Commerce. Article I, Section 8, Clause 1 of the United 5723. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS States Constitution, the Taxing and Spend- Legislative Affairs, Department of State, Under clause 2 of rule XII, public ing Clause: ‘‘The Congress shall have Power transmitting the March 2012 International bills and resolutions of the following To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for Narcotics Control Strategy Report, pursuant titles were introduced and severally re- to 22 U.S.C. 2291(b)(2); to the Committee on the common Defence and general Welfare of Foreign Affairs. ferred, as follows: the United States . . . 5724. A letter from the Assistant Secretary, By Mr. WHITFIELD (for himself and By Mr. CASSIDY: Legislative Affairs, Department of State, Mr. BARROW): H.R. 4475. transmitting notification that effective H.R. 4471. A bill to require analyses of the Congress has the power to enact this legis- March 11, 2012, the danger pay allowance for cumulative impacts of certain rules and ac- lation pursuant to the following: Nigeria was established based on civil insur- tions of the Environmental Protection Agen- Article I, Section 8, Clause 1 of the United rection and terrorism, pursuant to 5 U.S.C. cy that impact gasoline, diesel fuel, and nat- States Constitution, the Taxing and Spend- 5928; to the Committee on Foreign Affairs. ural gas prices, jobs, and the economy, and ing Clause: ‘‘The Congress shall have Power 5725. A letter from the Presiding Governor, for other purposes; to the Committee on En- To lay and collect Taxes, Duties, Imposts Broadcasting Board of Governors, transmit- ergy and Commerce. and Excises, to pay the Debts and provide for

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the common Defence and general Welfare of ing Clause: ‘‘The Congress shall have Power H.R. 1416: Mr. BISHOP of Georgia, Ms. LEE the United States . . . To lay and collect Taxes, Duties, Imposts of California, Mr. WILSON of South Carolina, By Mr. CASSIDY: and Excises, to pay the Debts and provide for Mr. TURNER of New York, and Mr. GIBBS. H.R. 4476. the common Defence and general Welfare of H.R. 2077: Mr. SCHOCK. Congress has the power to enact this legis- the United States . . . H.R. 2134: Ms. SCHAKOWSKY, Ms. NORTON, lation pursuant to the following: By Mr. CASSIDY: Mr. BISHOP of Georgia, Mr. OWENS, Mr. HOLT, Article I, Section 8, Clause 1 of the United H.R. 4479. Mrs. MCCARTHY of New York, and Mr. States Congress has the power to enact this legis- MICHAUD. Constitution, the Taxing and Spending lation pursuant to the following: Clause: ‘‘The Congress shall have Power To H.R. 2311: Mr. PETERS. Article I, Section 8, Clause 1 of the United lay and collect Taxes, Duties, Imposts and H.R. 2337: Mrs. CHRISTENSEN. States Constitution, the Taxing and Spend- Excises, to pay the Debts and provide for the H.R. 2569: Mr. FLORES. ing Clause: ‘‘The Congress shall have Power common Defence and general Welfare of the H.R. 2730: Mr. HASTINGS of Florida, Mr. To lay and collect Taxes, Duties, Imposts United States . . . STARK, and Mr. POLIS. and Excises, to pay the Debts and provide for By Mr. CASSIDY: H.R. 3159: Mr. LAMBORN and Mr. ROE of H.R. 4477. the common Defence and general Welfare of Tennessee. the United States . . . Congress has the power to enact this legis- H.R. 3352: Mr. RYAN of Ohio and Mr. DOG- lation pursuant to the following: f GETT. Article I, Section 8, Clause 1 of the United H.R. 3486: Mr. RANGEL. States Constitution, the Taxing and Spend- H.R. 3643: Mr. KING of Iowa. ing Clause: ‘‘The Congress shall have Power ADDITIONAL SPONSORS H.R. 3670: Mr. CARNAHAN. To lay and collect Taxes, Duties, Imposts Under clause 7 of rule XII, sponsors H.R. 3839: Mr. QUIGLEY. and Excises, to pay the Debts and provide for were added to public bills and resolu- H.R. 4072: Mr. JOHNSON of Ohio and Mr. the common Defence and general Welfare of tions as follows: STEARNS. the United States . . . H.R. 4082: Mr. MCGOVERN, Mr. HOLDEN, and By Mr. CASSIDY: H.R. 178: Mr. OWENS and Mr. THOMPSON of H.R. 4478. California. Mr. BISHOP of Georgia. Congress has the power to enact this legis- H.R. 605: Mr. GRAVES of Georgia. H.R. 4133: Mr. HECK. lation pursuant to the following: H.R. 1063: Mr. ROE of Tennessee. H.R. 4372: Mr. WESTMORELAND. Article I, Section 8, Clause 1 of the United H.R. 1370: Mrs. EMERSON, Mr. LATOURETTE, H. Res. 60: Mr. SIRES. States Constitution, the Taxing and Spend- and Mr. MEEHAN. H. Res. 394: Mr. BARTLETT.

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Vol. 158 WASHINGTON, MONDAY, APRIL 23, 2012 No. 58 Senate The Senate met at 12 noon and was ator from the State of Michigan, to perform through the amendments to the bill to- called to order by the Honorable CARL the duties of the Chair. morrow we will see a strong bipartisan LEVIN, a Senator from the State of DANIEL K. INOUYE, vote to modernize the Postal Service Michigan. President pro tempore. and save this important institution Mr. LEVIN thereupon assumed the from insolvency. This institution is so PRAYER chair as Acting President pro tempore. important it is contained in our Con- The Chaplain, Dr. Barry C. Black, of- f stitution. Once we pass postal reform tomor- fered the following prayer: RECOGNITION OF THE MAJORITY row, as I expect we will, the Senate Let us pray. LEADER O God, who does wondrous things, will move on to the consideration of blessed be Your glorious Name forever. The ACTING PRESIDENT pro tem- another very important piece of legis- Remake us in Your image and bring pore. The majority leader is recog- lation, the reauthorization of the Vio- our wandering, wayward hearts under nized. lence Against Women Act. Since its Your control. f passage in 1994, this legislation has reduced the annual incidence of domestic Lord, infuse our Senators with a love SENATE CHALLENGES for You that will make their obedience violence by more than 50 percent. willing and joyful. Astound them with Mr. REID. Mr. President, America Despite that incredible progress, we Your limitless resources and supply all has the best, brightest, and most dedi- still have work to do to keep women their needs from Your bounty. Keep cated workers in the world. All those and their families safe. Three women them humble with the conviction that workers need is a fair shot to succeed. die in this country every day at the they can’t breathe a breath, think a But right now many workers in this hands of abusive partners—on week- thought, speak a word, or perform an country don’t enjoy the same rights as ends, all days, no days off. For every action without Your mercy and grace. the wealthy CEOs; that is, the right to victim who is killed there are nine Grant our supplications. We pray in negotiate the terms of their employ- more who narrowly escape death and Your sacred Name. Amen. ment. are beaten savagely. It would be unac- A new rule from the National Labor ceptable to step back from our national f Relations Board will remove unneces- commitment to stop violence and sary obstacles to workers’ rights to abuse now. PLEDGE OF ALLEGIANCE form a union. I solidly support this This legislation was the brainchild of The Honorable CARL LEVIN led the rule, and I urge my colleagues to vote Vice President JOE BIDEN when he was Pledge of Allegiance, as follows: tomorrow against the resolution of dis- a Member of the Senate. It does very I pledge allegiance to the Flag of the approval which strikes down this com- important work. For example, it allows United States of America, and to the Repub- monsense rule. communities to get support in setting lic for which it stands, one nation under God, The new rule doesn’t change or do up shelters for these women and their indivisible, with liberty and justice for all. anything to encourage unions, but it families to go in secret. doesn’t discourage them either. It just f The legislation was unanimously re- gives workers the ability to vote yes or authorized by the Senate in 2000 and APPOINTMENT OF ACTING no while minimizing the chance of in- 2005. This effort should be—and tradi- PRESIDENT PRO TEMPORE timidation and stalling. tionally has been—above partisanship. Mr. President, tomorrow the Senate I hope that proves to be the case again The PRESIDING OFFICER. The will vote on a number of amendments this year. This year it has 60 cospon- clerk will please read a communication to a bipartisan postal reform bill. This sors and the support of 47 State attor- to the Senate from the President pro important legislation will safeguard neys general. I cannot imagine why my tempore (Mr. INOUYE). more than 8 million jobs of people who Republican colleagues would oppose The legislative clerk read the fol- depend on a vibrant postal system. It such a worthy piece of legislation. I am lowing letter: will also protect postal customers— hopeful and I am confident they won’t. U.S. SENATE, particularly elderly and disabled Amer- By joining Democrats to pass this PRESIDENT PRO TEMPORE, icans and people who live in rural parts legislation, Republicans can help us Washington, DC, April 23, 2012. To the Senate: of this country. send a clear message that this country Under the provisions of rule I, paragraph 3, I am pleased we reached an agree- doesn’t tolerate domestic violence. If of the Standing Rules of the Senate, I hereby ment to allow Senators to offer amend- the Senate doesn’t complete the work appoint the Honorable CARL LEVIN, a Sen- ments to this bill. I hope once we work on this critical issue before we recess

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

S2559

VerDate Mar 15 2010 05:57 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.000 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2560 CONGRESSIONAL RECORD — SENATE April 23, 2012 for this work period, we will continue Millions of Americans are still look- and in the process we will be reminding after we come back to try to work ing for work. The Federal debt con- people to focus on what the President through any problems. I don’t see any, tinues to cast a shadow over the Amer- does rather than what he says. Mr. President. ican dream. Despite assurances made Look, at a time when America’s cor- But the Violence Against Women Act last year, there is no budget in sight porate income tax is now the highest in isn’t the only pressing matter the Sen- from the Democratic-controlled Sen- the world, we should be looking for ate has to complete the next work pe- ate. As the Associated Press reported ways to make it easier for businesses riod. We must begin work on a number today, about half of college graduates to hire, not harder. At a time when un- of appropriations bills, consider addi- can’t even find a decent job in this employment is above 13 percent for tional judicial nominations, and take country. I understand why the Presi- young people between the ages of 20 up legislation to cut taxes for small dent wouldn’t want to talk about these and 24 in this country, we should be businesses so that they can expand and things, but that doesn’t change the finding ways to make it more likely hire. fact that he should, and it doesn’t they can find work, not less likely. But Cybersecurity legislation, I have change the fact that his policies are this is the Obama economy. This is the been told, the House will take up soon, the problem. President’s approach. This is the pain- and I appreciate that. We must address The American people elected this ful legacy of his failed economic poli- the looming crisis for millions of stu- President to change direction, not to cies. The President may not want to dents in America: the July 1 deadline change the subject. They elected the discuss it, but Republicans will. for interest rates to double on Federal President to change direction, not f student loans. That is fast approach- change the subject. Yet, day after day, ing. week after week, as our Nation’s chal- RESERVATION OF LEADER TIME With middle-class families struggling lenges deepen and another economic The ACTING PRESIDENT pro tem- and fewer families able to afford the crisis draws nearer, this President pore. Under the previous order, leader- rising cost of higher education, we can- wants to change the topic. He wants ship time is reserved. not afford to put college out of reach people to either focus on something f for more promising young people. Dou- else or to overlook the things he is ac- bling interest rates from 3.4 percent to tually doing to make the situation VIOLENCE AGAINST WOMEN REAU- 6.8 percent—effectively socking 7.4 mil- worse. THORIZATION ACT OF 2011—MO- lion students with $1,000 a year in stu- Let’s take, for example, gas prices. TION TO PROCEED dent loan costs—would do irreparable Gas prices have more than doubled harm to our ability to educate young The ACTING PRESIDENT pro tem- under this President. Yet, rather than pore. Under the previous order, the men and women. doing something about it, he blames it Today Americans have more student Senate will resume consideration of on speculators and energy companies. loan debt than credit card debt. Why the motion to proceed to S. 1925, which Instead of increasing domestic produc- would we want to double what they the clerk will report. tion, he is focused on a plan to tax pay? The average graduate owes $25,000 The legislative clerk read as follows: when they graduate. Getting a college American energy manufacturers—a Motion to proceed to S. 1925, a bill to reau- education should not burden young plan that would increase the cost of en- thorize the Violence Against Women Act of people with unsustainable debt. Unfor- ergy rather than lower the cost of gas. 1994. The national debt has skyrocketed tunately, many of my Republican col- The ACTING PRESIDENT pro tem- more than $5 trillion under this Presi- leagues have signaled that they would pore. The Senator from Connecticut. dent. Yet, rather than actually doing rather cut taxes for the richest of the SCHEDULE something about it, he pretends that rich than invest in the next generation Mr. LIEBERMAN. Mr. President, it of American workers. But the business we should erase it, that we could somehow erase it by just whacking million- has been announced by the clerk that community agrees that making college the Senate is now considering the mo- affordable is the key to keeping Amer- aires. Look, millions are looking for work. tion to proceed to S. 1925, the Violence ica competitive in a global economy. Yet, rather than doing something Against Women Reauthorization Act. An investment in education is an in- about it, he passes a health care bill At 2 p.m. this afternoon, the Repub- vestment in our economy. lican leader or his designee will move I hope we will all join together, hear that would impose massive new costs, he continues to threaten new taxes, to proceed to S.J. Res. 36, a resolution the message, and work to stop 8 mil- of disapproval regarding the NLRB lion students in this country from hav- and he empowers Federal bureaucrats to cook up new rules and regulations election rule. The time until 4 p.m. will ing an increase in the amount of be equally divided and controlled be- money they are obligated to pay back that make it even harder for businesses to grow and to hire. Unless Congress tween the two leaders or their des- for the loans they get for an education ignees. in America today. acts, one such rule goes into effect next week. Most people haven’t heard about At 5 p.m., the Senate will proceed to f it because the President hasn’t been executive session to consider the nomi- RECOGNITION OF THE MINORITY talking about it. But I am happy to be- nation of Brian Wimes to be a U.S. dis- LEADER cause it says all you need to know trict judge in Missouri. There will be a The ACTING PRESIDENT pro tem- about this President’s approach to jobs rollcall vote on confirmation of the pore. The Republican leader is recog- and the economy. Wimes nomination at 5:30 p.m. nized. As a favor to big labor, the President POSTAL REFORM f is right now rushing a plan that would Mr. President, as you and our col- restrict an employer’s ability to edu- leagues know, after a lot of work and CHALLENGES REMAIN cate workers about unionization ef- good-faith negotiations, we reached a Mr. MCCONNELL. Mr. President, forts, as well as increase their legal bipartisan agreement last week to over the past several months, Presi- bills and the already high cost of com- complete action on the bipartisan post- dent Obama has kept a pretty busy plying with Federal regulations. And al reform bill tomorrow, with an agree- schedule of campaign events. But as get this: The administration hasn’t ment that includes almost 40 amend- the President heads out for more cam- even provided an analysis of the cost ments—39, I believe, is the number—to paign-style events this week, let’s not involved in moving forward with this be voted on tomorrow. forget that what he is actually doing proposal. Although, we—and particularly our here in Washington is far more impor- Tomorrow, Senators, led by Senator staffs—have been working with spon- tant than what he is saying out on the ENZI, will have an opportunity to vote sors of the amendments, we expect that campaign trail because when the on this effort to make it even harder to probably more than half of them will speeches are over and all the chairs and do business in this country. We will be negotiated to agreements, modified, posters are put away, great challenges have a chance to stand up against what and/or accepted. But there still will be remain. the President is doing to the economy, a significant number of rollcall votes,

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.005 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2561 which will begin tomorrow afternoon probably closer to $15 billion. That is a LIEBERMAN has indicated, last week, we after the respective party caucuses. significant amount of money. It cre- labored very hard to produce a list of There was a good amount of debate ates a series of incentives to alter the amendments that will allow Members on the postal bill last week. Tomorrow, business model of the post office, in- to work their will on this legislation. once we go from S.J. Res. 36, the reso- cluding authorizing the post office to There are many different viewpoints lution on the NLRB election rule, to get into some businesses it has not on the path forward for the Postal the postal bill in the afternoon to begin been in before as a way to take advan- Service, but there can be no doubt voting on the amendments, there will tage of its unique assets and raise more about one fact: The Postal Service has not be much time for debate. money. lost more than $13 billion in the last 2 As announced last week, last Thurs- So this is a moment of truth for the years. Despite being relieved from a day after this agreement was achieved, Senate. In some sense, it is a somewhat payment that is required under law to- Senator COLLINS will be here from now smaller version of the larger moment ward the health benefits of future re- until 2 p.m. when we go to the NLRB of truth we are going to have to face tirees, it still lost billions of dollars. If rule. We will be here from 4 to 5, the sometime about our Federal budget we fail to act, if we turn down this bill, next open block before we go to the ju- overall, but here is a great American the Postal Service will not survive as dicial nomination, and we are prepared institution that is in real fiscal trou- we know it today, and that is a fact. to stay this evening after the judicial ble. The Postal Service, later this year, will nomination for as long as proponents We have the ability with this legisla- have great difficulty even meeting its or discussants of the various amend- tion to get it back on a path of bal- payroll if we do not act. The Postal ments want to come to the floor to en- ance, stability, and even growth. Some Service will max out on its credit that gage in debate and discussion on them. post offices will be changed under this it can borrow from the Treasury if we I hope our colleagues will do that. bill. Mail processing facilities—some of do not act. The Postal Service will be As Senator REID said, this is an im- them will be closed. The Postmaster forced to resort to dramatic and Draco- portant piece of legislation. Nobody de- says he wants to have that happen. nian service cuts that will drive still nies that the U.S. Postal Service is an We have authorized a significant more customers from the system if we iconic American institution which mil- amount of money to be spent to do not act. So just closing our eyes and lions of people depend on not just for incentivize 100,000 postal employees to pretending somehow the Postal Service the mail but for their jobs, both di- retire. They are eligible for retirement will find a way through this, without rectly working for the Postal Service with an incentive. We think they will, our legislation, is not a realistic op- and indirectly—but not too indirectly and that itself would save the Postal tion. because they work for related busi- Service approximately $8 billion a As I have indicated, there are a vari- nesses that depend on the mail. year. ety of views on both sides of the aisle We simply can’t turn aside, do noth- This is not one of those bills that on what the appropriate path forward ing, and let the Postal Service con- people enjoy voting on, but it is our re- should be, and we will have a vigorous tinue a fiscal spiral downward. The sponsibility. It is necessary we face the debate today—we started it last week— Postal Service, as we said over and crisis the Postal Service is in and help on what the best option is for the Post- over last week, lost $13 billion in the it stay alive and flourish throughout al Service. For me, the bottom line is last 2 years. It is going to go over its this century. this: The Postal Service will not sur- debt limit later this year. The Post- That is what is on the line in the bill. vive if it pursues a course that risks master has been very clear that if we The amendments cover a range of top- alienating the remaining customers it don’t give him some authority to find a ics. This was a very broad bipartisan does have. So resorting to widespread new business model, to economize, he agreement on the amendments. There closures of postal processing plants, will have to take very aggressive ac- are some that make the bill tougher, which would essentially do away with tion, potentially closing—on one list he some make it softer. They all deserve a overnight delivery of mail, and raising put out there were 3,700 post offices good debate, and that is what Senator prices so big mailers pursue alter- and approximately 250 mail processing COLLINS and I are here to do now. natives to using the Postal Service for facilities, which would be extremely MEASURE PLACED ON THE CALENDAR—S. 2327 delivery are not the solutions to the disruptive both to the post office and Mr. LIEBERMAN. Mr. President, I Postal Service’s woes. to the personal life and commercial life understand that S. 2327 is at the desk On the other hand, the Postal Service of our country. and due for a second reading. clearly cannot continue to do business This bill Senator COLLINS and I, The ACTING PRESIDENT pro tem- as usual. It has to innovate. It has to along with Senators CARPER and SCOTT pore. The clerk will report the bill by look for new sources of revenue, and we BROWN, offered to our colleagues offers title for the second time. have given some very specific ideas in a sensible but tough way forward to The legislative clerk read as follows: our bill by allowing, for example, the preserve the U.S. Postal Service, but A bill (S. 2327) to prohibit direct foreign as- Postal Service to provide services and also to acknowledge that it has to sistance to the Government of Egypt until share space with Federal, State, and change to stay alive forever, certainly the President makes certain certifications local governments and to also ship beer through the 21st century. Because of related to treatment of nongovernmental or- and wine with a signature from the the impact of e-mail, it has dropped the ganization workers, and for other purposes. customer, just as its competitors, volume of mail in the last 5 years by Mr. LIEBERMAN. Mr. President, I FedEx and UPS—United Parcel Serv- more than 20 percent. When that kind object to any further proceedings with ice—are able to do. We also do not pro- of revenue is lost, we have to find ways respect to the bill. hibit the closure of all post offices, nor to economize and a different kind of The ACTING PRESIDENT pro tem- do we mandate a certain number be business model, including different pore. Objection is heard. The bill will closed; instead, we set standards. We ways to raise revenue, all of which is be placed on the calendar under rule set service standards, and those service authorized in this bill. XIV. standards would govern the decisions I know some people think our bill Mr. LIEBERMAN. I yield for my dis- the Postal Service would make. I think doesn’t do enough. They are ready to tinguished ranking member, Senator that is the appropriate way to ap- basically close down a lot of the Postal COLLINS. proach the very difficult issue of how Service as we know it. Some people The ACTING PRESIDENT pro tem- to reduce the infrastructure of the think our bill does too much. We natu- pore. The Senator from Maine. Postal Service. rally think we have struck a sweet spot Ms. COLLINS. I thank the chairman. But the fact remains—and it is a or a point of common ground. In fact, Mr. President, we are going to re- painful fact—that 80 percent of the the Postal Service told us they believe sume debate today on the postal re- Postal Service’s budget is workforce if our bill is enacted, it would save— form legislation our committee, on related. It is always difficult to recog- after fully implemented over the next which the Presiding Officer serves, has nize when a workforce, particularly 2, 3 years—between $15 billion and $20 worked very hard to produce and to do one as dedicated as the American Post- billion a year, to be conservative— so in a bipartisan way. As Chairman al Service workforce, is simply too big

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.007 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2562 CONGRESSIONAL RECORD — SENATE April 23, 2012 for the volume of work the Postal Postmaster General to right size many ing that the actions of the Postal Serv- Service now has. But there are compas- of the processing plants. Some of the ice with regard to infrastructure meet sionate ways to deal with this work- processing plants are too big for the those standards. force problem, and our bill allows for a volume they now have. This bill has many other provisions refund of an $11 billion overpayment But the answer is not to close them that we discussed at length last week, the Postal Service has made to the altogether because that has such a det- so I am not going to repeat them now, Federal Employees Retirement Sys- rimental impact on the delivery of but let me reiterate the point I made tem—known as the FERS system. This mail, and that leaves rural America be- at the beginning of my remarks. is an overpayment that has been hind. That would result in there no We have been able to negotiate, with verified by an independent board of pri- longer being overnight delivery for the cooperation of both the majority vate actuaries the Office of Personnel first-class mail. leader and the Republican leader and Management relies upon. It has also Let me give an example from my with a lot of hard work by the mem- been verified by the Government Ac- State, where the Postmaster General bers of the committee and the floor countability Office. This overpayment, has unwisely proposed closing one of staff and our staff, a very fair process in part, can be used and would be di- only two processing plants we have in that will allow many amendments to rected to be used by the Postmaster a State as large as the State of Maine. be offered, expressing a wide variety of General to offer retirement incentives He would keep the one in the southern- philosophies and views on the proper and buyouts up to and capped at most tip of the State but close the one road ahead. But what we cannot do is $25,000, the exact same number that is in Hampden, ME, which serves north- fail to act. If we do not act, that will be used in buyouts in Federal agencies to ern, central and eastern and parts of a death sentence for the Postal Serv- reduce the workforce. western Maine. It serves about two- ice—an American institution enshrined More than one-third of the Postal thirds of the geography of the State. If in our Constitution that is the linchpin Service’s employees are eligible for re- that postal processing plant were to of a $1 trillion mailing industry that tirement today. That is why the Post- close, mail from northern Maine— employs 8.7 million Americans. master General believes, if he provides being sent from one community in This debate is not just about rural a bit of an incentive, he can reduce the northern Maine to another—would post offices, important though they size of the Postal Service workforce by have to undergo a more than 600-mile are. It is about our economy and not more than 100,000 workers. That is round trip to the one remaining proc- delivering a death blow to an institu- about 18 percent of the entire work- essing plant in Maine. I can’t imagine tion that is the center of much of our force. That approach of using retire- how many days that would take, but I economy. I hope Members keep that in ment incentives, buyouts, and incen- am certain it would cause people to mind as they come to the floor with tives such as that is very similar to the stop using the mail, and, thus, revenue proposals, for example, to essentially approach the private sector uses, that would decline still further because privatize the Postal Service or to do large corporations use when they are there would be no possibility of over- away with most of its infrastructure faced with the painful task of having to night delivery of bill payments, for ex- because if those amendments prevail, downsize their workforce. ample, or bill delivery. they will deliver a crushing blow to our The rest of the overpayment refund This is not the answer. So what is the economy at a time when we can least would be used to pay down debt, some- answer? That plant could be downsized, afford it, and they will jeopardize that thing the Postal Service desperately not closed. We need to preserve the trillion-dollar mailing industry that needs to do as it approaches that $15 service. includes everything from paper manu- billion line-of-credit cap. If the plant is too large now for the facturers, to magazine publishers, to I wish to stress—because there is volume of mail that goes through the newspapers, to financial services—all going to be a lot of discussion about plant, why doesn’t the Postal Service of these industries that are so depend- this, perhaps very shortly—these are rent out part of the plant? I am sure a ent on the U.S. Postal Service—and not tax dollars being refunded to the mailer in the area—perhaps several that is an outcome we must avoid. Postal Service. I read from a letter mailers in the area—would welcome Mr. SESSIONS. Mr. President, I from the inspector general on the floor the opportunity to rent space in that come to the floor to discuss S. 1789, the last week that verifies the revenues for building and be right next to the postal 21st Century Postal Service Act. I re- the FERS payment come from two processing plant. That would work gret to say there is a fundamental sources: They come from the postal very well. problem with this bill that we have to employees themselves who contribute There are so many options, but the address. I wish it weren’t so, but I am to the FERS system, and the revenues Postmaster General, in my view, has afraid it is. The bill would increase the come from the Postal Service’s own not pursued those options. When it Federal deficit by $34 billion. This vio- revenues, which are from selling comes to rural post offices, there are so lates the deficit neutrality provisions stamps, mailing packages, and the many options. For example, a post of- for spending that we adopted as part of other services the Postal Service pro- fice could be open in a rural commu- the Budget Control Act just last sum- vides. nity, say, from 7:00 to 9:00 in the morn- mer. As a result, there are at least five This is not a taxpayer bailout. It is ing and 5:00 to 7:00 at night so that in- budget points of order that lie against not a refund of taxpayer dollars. This dividuals going to and from work could the bill, and I, the ranking Republican is a refund of a substantial overpay- stop and do their business, but the on the Budget Committee, will be rais- ment of money from the Postal Serv- Postal Service would still be able to ing points of order at the appropriate ice’s employees and the Postal Service save funds by not having the post office time. That means it would take 60 itself, from revenues it generated, to open the entire day. A small post office votes of our 100 Members in the Senate the FERS system that never should could be colocated in a retail facility— to say we don’t want to agree and fol- have occurred. That is another whole the local pharmacy, perhaps, or the low the law we passed last summer. issue—of how it occurred. This over- local grocery store. Under the Senate rules, no com- payment has been confirmed by the There are possibilities which need to mittee can bring a bill to the floor that GAO and by an independent board of be explored—and which our bill directs spends even one penny more than al- actuaries hired by the Office of Per- the Postmaster General to explore—in ready is going to be spent under the sonnel Management. order to avoid the widespread closure current law or increases the deficit That is a very important part of this of post offices in rural America that more than it would increase under cur- bill. If the Postmaster General is suc- will have a detrimental impact on the rent law. Current law is the Budget cessful—as I believe he will be if he ag- individuals and the businesses located Control Act of last summer, and it was gressively implements these provisions there. Our bill in essence forces more passed, as we all recall, as part of a in compassionately reducing the size of creativity on the Postal Service by major debate over raising the debt ceil- the workforce—the estimates are that again setting standards with the Postal ing, so we could continue to borrow provision alone would save about $8 bil- Regulatory Commission, which is the money. Borrowing at the rate of— lion a year, and it would allow the regulator in this case, and then ensur- about 40 cents of every dollar we spend.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.008 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2563 In August we agreed to modest, I have to note, unfortunately, the $11 ability Office has identified $400 bil- though insufficient savings. Although billion is only one-third of the debt im- lion—maybe we could pay the $34 bil- we talked about big cuts, we only man- pact of the legislation. It is only one- lion out of this $400 billion—being aged to reduce the growth in spending, third of the amount by which the bill spent every year, each year, on waste, not the actual level. The debt deal es- breaks the agreement of last summer. inefficiency, and duplication. That is tablished basic spending limits. Not What else accounts for the total $34 the official Government Account- one word in that law prevents us or any billion? Most of the deficit increase of ability Office. Member of Congress from saving more. the bill, about two-thirds, occurs be- Far worse, the Senate’s Democratic The law set the maximum, not the cause the bill would restructure the majority has failed to produce a budget minimum, that we can spend. amount the Postal Service is supposed plan in calendar year 2010, 2011, and But this bill violates that legislation. to pay to the Office of Personnel Man- now 2012. This Sunday, in fact, marks It spends above the agreed-upon limits. agement to fund the future retiree exactly 3 years since the last time the Only in Washington does spending health benefits of the current Postal Senate passed a budget. below a limit get one accused of break- Service employees—coverage for them A budget means responsible behavior. ing a deal while spending more than when they retire. It requires and forces Congress to make the agreement means people just look In 2006 the Congress enacted the tough choices. the other way. Postal Accountability Act to set the Now we say the Postal Service needs The majority leader and the chair- Postal Service on a self-sustaining more money, and we will just borrow man of the Budget Committee are course. According to one of the man- it. This is not responsible behavior. proud of the Budget Control Act. They agers of the bill, that law included ‘‘a The White House warns that Repub- say it has iron-clad restraints on requirement that the Postal Service licans want to cut too much spending. spending. They say we do not even need endorsed at the time,’’ that the Postal But the American people know the a budget. Service prefund the future retiree truth, and the truth is we have never But where are they when it comes to health benefits of the current postal spent more money than we are spend- making sure this agreement is actually employees on an accrual basis. That ing today and spent it more recklessly followed? It is curious that we don’t 2006 law set out a schedule of those re- and with less accountability. have leadership from the majority quired payments to the government. This is in many ways a decisive mo- leader or the Budget Committee chair- Now, 6 years later, the Postal Service ment. I deeply respect my colleagues man to tell the committee: Look, we says they are unable to make those re- who have worked on this legislation. It understand the Postal Service has seri- quired payments. We already enacted a is very complex; it is very important; ous problems. We understand that. bill last year partially relieving the it is a very difficult issue. But this Something probably needs to be done Postal Service of some of their re- country has to rationally confront the to fix that and improve that situation. quired 2011 payment, so this bill would difficulties in the Postal Service. The It may even cost some money. But to defer those payments and stretch out world is changing. E-mail continues to do so, shouldn’t we comply with the the amount of time to pay them. erode the market for traditional mail. law of the United States and what we How much is the Postal Service al- The Postal Service has to adapt to agreed to just last summer? lowed to defer? The legislation allows As this unfolds you will hear part of keep up with the times. We cannot just the Postal Service to defer $23 billion the reason that spending increases is keep throwing money at it. in payments for retiree health benefits. because the bill requires the Treasury I deeply respect the people who to repay the Postal Service $11 billion This legislation would transfer, in part, worked on this, but I do believe it is a that the Postal Service has overpaid to the burden of these restructured pay- crucial vote. Even if one supports every the U.S. Treasury for retirement con- ments from the users of the Postal dollar of spending in the bill, do you tributions of current employees. Service, the stamp buyers, to tax- support violating the Budget Control I am not debating that argument and payers. Act? I ask my colleagues to vote to whether it is an overpayment. I am not This means the Treasury has to go sustain the budget point of order. Let’s debating it. We have experts who have out and borrow the money over the stand up for fiscal responsibility. looked at it and said it is basically ac- next 10 years because the Postal Serv- In effect, we would send the bill back curate, that the Treasury does owe the ice is relieved from making the health to our good committee, and say to postal department $11 billion. Maybe care payments. Again, a budget pro- them: Look at it. If they can spend under some circumstances we are reduced under regular order that I have less, please do so. But if they feel they quired to pay that back. I don’t argue truly felt we should have done—and re- have to spend more money to sustain that at this point. main disappointed, deeply, that has not the Postal Service, propose how it I say if we pay it back, is it not an occurred—should have planned for this should be offset. It would meet the re- expenditure of the United States? If by including policy changes somewhere quirements and promises we made to you are behind on your car payment else in the budget that would have off- the American people. shouldn’t you look to see where else set the cost of this bill. I thank the Chair for the opportunity you can cut spending? That is all we Because the bill does not do that, be- to share these remarks. It is going to are talking about. You have to under- cause it adds to the debt of the United be difficult to fix, but certainly not im- stand it costs money. The money States, and violates the Budget Control possible. If this bill is sent back—I comes from somewhere. Act I will raise a point of order that know my colleagues will figure out a I think most people understand the will require 60 votes to waive it. way to pay for it. U.S. Government borrows money If this new spending is necessary, and I thank the Chair and yield the floor. through T-bill sales, and we pay inter- I suspect some of it may be, then isn’t The PRESIDING OFFICER (Mr. LIE- est on the money we are borrowing. it worth cutting spending somewhere BERMAN). The Senator from Maine. The fastest growing item in our budget else to pay for it? Do we really have to Ms. COLLINS. Mr. President, I sug- is interest on our debt, so we ought to break our spending agreement when we gest the absence of a quorum, but I will be cutting spending to pay for this. are facing the fourth straight deficit in be responding. Over 10 years that is $11 billion. That is excess of $1 trillion. The assistant legislative clerk pro- a lot. But $11 billion is a little over $1 Washington is in a state of financial ceeded to call the roll. billion a year, and this year alone we chaos. We are in denial. We are not Ms. COLLINS. Mr. President, I ask will spend, as I recall, approximately owning up to the fact that there are unanimous consent that the order for $3,600 billion. So we couldn’t pay this limits on what we can do. You tell me the quorum call be rescinded. money back? We could not find $1 bil- how long we can borrow $1 trillion a The PRESIDING OFFICER. Without lion a year to pay the money back? We year, substantially more than we take objection, it is so ordered. have to just borrow it in addition to in every year. Ms. COLLINS. Mr. President, let me the money we have agreed to borrow, The Government Services Adminis- start by responding to the ranking breaching the debt limit we have tration is throwing lavish parties in member of the Budget Committee by agreed not to breach? Las Vegas. The Government Account- saying that I could not agree with him

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.011 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2564 CONGRESSIONAL RECORD — SENATE April 23, 2012 more that it is absolutely unacceptable scoring method obscures the true sav- that offer and credits the bill with sav- that we have not had a budget passed ings achieved by refunding the FERS ings of only $643 million over 10 years. in the Senate for more than 1,000 days. payments. Since these kinds of service credits That is totally unacceptable. It is one Again, let me repeat that since 1971 have never been offered before, it is not of the reasons we are in such a finan- the Postal Service has received no Fed- clear how the CBO came up with this cial crisis in this country. So I com- eral subsidy to operate other than assumption. There is no precedent for pletely agree with Senator SESSIONS some very minor appropriated dollars it. There is no data for the CBO to use. that we should be doing a budget reso- for functions that the Postal Service is Again, our original bill did not include lution on the Senate floor, and I whole- legislatively mandated to do, such as the hard requirement for the 18-percent heartedly agree with his comments mail for the blind and overseas ballots reduction, but our substitute does. Yet that it is absolutely irresponsible for for our troops. That is it. Prior to 1971 CBO does not recognize that change. us to be proceeding without a budget there was a taxpayer subsidy year after The Postal Service has told us, as the resolution. And as a member of the Ap- year to the Postal Service, but that Presiding Officer would attest, these propriations Committee, I would say to ended with the Postal Reform Act in requirements and this new authority my colleagues that it makes it very that year. So from the sale of stamps, and the funds for the buyouts and the difficult for us to carry out our work. the cost of shipping packages, and the service credit would allow them to re- Due to the cooperation of the chairman rates mailers and magazine publishers duce their workforce in the neighbor- and ranking member of that com- and newspaper publishers pay to get hood of 100,000 employees and save mittee, we are operating under alloca- the print versions delivered comes the some $8 billion a year. That is not re- tions for each subcommittee, but it revenue for the Postal Service. And flected in the estimate. I use that ex- would be far preferable if there were a even the money the Postal Service uses ample because it shows how strange budget resolution that passed, and it for retiree benefits comes from a com- the scoring is. This is a quirk of the should have passed last year, the year bination of the contributions the post- budget-scoring rules because when before, and it should be passed this al workers make and the money the there is a transfer of Postal Service year. So we are in complete agreement Postal Service invests. money—not taxpayer money, Postal on that point, and I know that has been As I mentioned earlier, there is a sig- Service money—from one account in a great source of frustration for the nificant overpayment into the Federal the Treasury, such as the retirement Senator from Alabama as the ranking Employees Retirement System, and account, into an off-budget postal oper- member of the Budget Committee. we, along with the administration, the ations account, the CBO makes this as- Having said that, let me explain a GAO, the independent actuaries, and sumption that savings are not going to few facts. First of all, there are no tax the Postal Service inspector general, occur. So when we transfer the $11 bil- dollars being authorized by this reform have all proposed that overpayment be lion overpayment—the refund—from bill. There is no transfer of taxpayer returned to the Postal Service, and it the pension account, to which the money to the Postal Service. What we would be used in part to finance these Postal Service has been overcharged, have here is a very strange and unusual buyouts and retirement incentives to into a postal operating account, it gets budget situation. And the score CBO reduce the size of the postal workforce. credited as $5.5 billion instead of $11 has is incredibly misleading because Let’s look at how CBO scores this billion. That means an on-budget ac- the Postal Service, oddly enough, is particular part of the bill. count loses $11 billion, as CBO looks at part of the unified budget of the United First of all, CBO gives this bill no it, and the off-budget account only States even though most of its ac- credit whatsoever for the buyouts, and gains $5.5 billion. This is very complex counts are off-budget, but it partici- here is why: CBO argues that the Post- because it is so obscure and because, pates in Federal employee retirement al Service already has buyout author- frankly, it is so illogical. The result is systems and the health benefits sys- ity, but as the Presiding Officer knows the net score in the unified budget of tems and the workers’ compensation better than anybody in this Chamber, $5.5 billion as a cost to the Treasury, systems, where postal dollars that our bill changes the status quo in two and that simply is not the reality. come from postal employees and from critical ways. First of all, the Postal Again, these are not taxpayer dollars postal ratepayers are commingled, if Service has no cash right now to do that went into the overpayment in the you will, with tax dollars that come these buyouts. That is one of the rea- first place. So here we have a provision from other Federal agencies into the sons we are so eager to get the money that is being scored as the $5.5 billion retirement system, the workers’ comp from the overpayment of FERS re- cost to the Treasury when, in fact, system, and the health benefits sys- funded to the Postal Service. Second, they aren’t tax dollars, and it is only tem. And that creates this odd situa- in our substitute bill, we specifically because this is a unified budget, where tion, which makes it very difficult for direct the Postmaster General to use a some of the accounts are on-budget and CBO to score this bill correctly. portion of this money to entice 18 per- some of the accounts are off-budget, The inspector general of the Postal cent of the current postal workers to that we have this anomalous result. It Service puts it far more bluntly. In a accept this offer. That is a big dif- doesn’t make sense. February 22 report from this year ference. So there is a mandatory direc- Let me give my colleagues another called ‘‘Budget Enforcement Proce- tion to the Postmaster General to re- example. The CBO acknowledges that dures and the Postal Service,’’ the in- duce the workforce by about 18 percent our reforms of the Federal Workers’ spector general said: and there is the cash that will allow Compensation Program would save $1.2 . . . the Postal Service’s off-budget status him to offer buyouts to do that. Why billion, but CBO doesn’t count this re- . . . expose[s] the Postal Service to an inap- CBO doesn’t score that as a savings to duction as a savings because of the way propriate and illogical application of the the Postal Service is beyond me. the Department of Labor charges agen- scoring process that threatens its ability to There is another way to reduce the reform and heal its financial condition. Scor- cies for participation in the workers’ ing and budget enforcement were created for workforce and, again, the funds for this compensation program. Again, that a good purpose, but they are undermined would come from the FERS refund. Our doesn’t make any sense, when the CBO when the scoring process assumes that un- bill provides new authority to the itself acknowledges that these are real likely or inappropriate inflows to the Treas- Postal Service to offer 1 or 2 years of reforms that are going to save $1.2 bil- ury must occur. credited service toward a pension annu- lion. Yet we only get credit for $200 Let me give you a couple of examples ity so that for a worker who is just million of the reforms. because it is incredibly important that lacking a year or two to reach the There is another issue. The CBO does we walk through the score so that our number of years necessary for retire- not account for what would happen if colleagues can understand the unique ment could be credited with that extra the Postal Service allows service to on-budget/off-budget status of the year or two of service, depending on continue to deteriorate because the Postal Service, particularly in the area which retirement system the worker is CBO doesn’t recognize the reality that of reducing payments to retiree health in. Unfortunately, the CBO makes an all the big mailers and small mailers benefits or recovering overpayments to assumption that only several thousand tell us, which is that revenue will be the FERS system and how the CBO employees would take advantage of driven out of the system if the service

VerDate Mar 15 2010 04:55 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.015 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2565 cuts associated with plant closures and Mr. LIEBERMAN. Mr. President, I retiree pension fund, and it is asking wholesale closures of post offices are ask unanimous consent that the order for its money back. allowed to proceed. The bottom line is for the quorum call be rescinded. There is something else to be said that were it not for 50-percent dis- The PRESIDING OFFICER (Mr. here about the reality of accounting in counts being applied over and over to WEBB). Without objection, it is so or- the real world. When the approxi- the savings we achieve for 5-day deliv- dered. mately $11 billion—or maybe more—is ery, retiree health care, the pension re- Mr. LIEBERMAN. Mr. President, I paid back to the Postal Service, that fund, on the basis of these strange be- thank the Presiding Officer for liber- only happens once, when that total is havioral assumptions and reflecting ating me from the chair so I may now paid back. But what we have demanded the odd combination of off-budget and speak in my capacity as a Senator in the bill be done with a part of that on-budget accounts being brought to- from the State of Connecticut. First, I money, which is to get involved in this gether in a unified budget, the bill would like to thank my friend from incentive for early retirement or re- would have scored approximately $24.6 Maine, Senator COLLINS, for what I tirement when members of the Postal billion more in off-budget savings, thought was a very convincing, in- Service are eligible, mandating that 18 making the bill a net saver of $14.8 bil- sightful description and really a cri- percent—about 100,000 postal employ- lion. tique of the CBO estimate of the finan- ees—retire, that saves $8.1 billion on a cial impact of this bill. recurring basis every year. So you have This is so frustrating because it is so This is tough to follow. The two of the one-time—it may come in two or complex, but I think if our colleagues us, Senator COLLINS and I, and others three payments but only one-time—$11 look at the example of the FERS over- on the committee have been deeply billion repayment to the Postal Serv- payment, it becomes very clear be- saturated in this for probably too long. ice for the overpayment it made, and cause there are no taxpayer dollars in- But the fact is, when the CBO estimate then every year it saves $8.1 billion, volved. Yet it is scored as a cost to the of the bill came out saying it was going forever. That is a pretty good deal both Treasury of $5.5 billion. How can a re- to cost more than we were saving, I for the taxpayers and the Postal Serv- fund of an overpayment that involves was shocked. As I read over it, part of ice. no tax dollars end up being scored as a it is because they are not simply con- cost to the Treasury of $5.5 billion? sidering the Postal Service budget, Secondly—and Senator COLLINS went That is how illogical and quirky this which we are out to save; that is, to on very effectively about this—the estimate is, and it is because of the cut a lot of money from it so it can be prefunding of health benefits. The fact is in the Postal Reform Act of 2006— unique status of the Postal Service and saved, and as Senator COLLINS said, the how its various accounts are reflected Postal Service is off-budget. It does not you might call it an excess of caution— in the budget. spend taxpayers’ money except for the Postal Service was required to In addition to my absolute convic- those two little matters of paying for make payments into the retiree health tion that this score is very misleading, ballots for military personnel and oth- benefits fund that are greater than let me make another point. If we do ers overseas, and I think the other is most any other business or government not proceed with this bill—if this budg- for blind people in this country, but in the country. We have just spread et point of order brings down this bill— the rest of it is all paid by the rate- this out to a 4-year payment schedule the Postal Service will not survive as payers. So as you go over, one by one, according to the normal discount rate we know it. Again, we are not pro- as Senator COLLINS did, the elements of other Federal programs pay for their viding a taxpayer subsidy in this bill. the ‘‘costs’’—and I put quotations retirees’ benefits. In fact, I would argue we are pre- around them—they are just not real. Senator COLLINS talked at length venting a taxpayer bailout in this bill This is form over substance. This is a about the impact of the way in which because later this year, if the Postal kind of ‘‘Alice in Wonderland’’ ac- the CBO, the Congressional Budget Of- Service cannot meet its payroll and counting that does not relate to the re- fice, refuses to score—as we say, thus is unable to deliver mail, I think ality of the Postal Service’s budget or count—dollar-for-dollar the amount of the pressure for the taxpayer bailout the Federal budget. money saved by early retirements, will increase substantially, and I do The so-called FERS repayment that which does not make any sense because not want to see us return to the pre- is coming from the Federal Govern- that is what will be saved. 1971 era, where the taxpayers were on ment, everyone agrees—including Sen- Now, I want to enter into the RECORD the hook for the Postal Service. Our ator SESSIONS, who stated his intention at this point—and speak to it—the esti- bill would avoid that outcome. of making a budget point of order on mate of the U.S. Postal Service about our Postal Service bill—the Postal what our substitute amendment to S. Thank you. I suggest the absence of a Service did overpay this amount of 1789 will save, and it is quite dramatic. quorum. money, just as if a taxpayer overpaid I ask unanimous consent that it be The PRESIDING OFFICER. The taxes. Well, if I overpay my taxes, that printed in the RECORD. clerk will call the roll. is my money I am asking back from There being no objection, the mate- The assistant legislative clerk pro- the government. In this case, the Post- rial was ordered to be printed in the ceeded to call the roll. al Service has overpaid to the Federal RECORD, as follows: THE UNITED STATES POSTAL SERVICE—PLAN TO PROFITABILITY—DRAFT—4/17 S. 1789 AMENDED (APR 16)—MANAGERS SUBSTITUTE, AS OF 4–16–12 [in $Billions]

S–1789 2011 2012 2013 2014 2015 2016 Section

Base Case: Revenue ...... $65.7 64.0 63.4 62.7 62.0 61.6 Total Operating Expenses ...... 67.9 69.5 69.9 72.0 74.5 77.1 Operating Income/(Loss) ...... (2.2 ) (5.4 ) (6.5 ) (9.4 ) (12.5 ) (15.5 ) RHB Pre-Funding ...... 5.5 11.1 5.6 5.7 5.7 5.8 Net Income (Loss)—Base Case ...... $(7.7) (16.5) (12.1) (15.1) (18.2) (21.3)

Impact of Strategic Initiatives (savings are positive numbers, costs are negative): Legislative Changes: Resolve RHB Pre-Funding ...... 5.5 11.1 5.6 5.7 5.7 5.8 FERS Refund ...... – 11.4 – – – – Reduce FERS contribution rate by 3% (note a)—Not Included ...... – – – – – – 101 Price increases: Add’l 2% for products not covering costs, after 3.5 yrs...... – – – – – 0.1 402 5-Day Delivery—2 year delay ...... – – – – 2.0 2.6 208 Total Legislative Changes ...... 5.5 22.5 5.6 5.7 7.7 8.5 Operations: Networks: Retain Overnight for 3 yrs. ($1.5B savings + workload) ...... – 0.4 1.0 1.5 2.2 2.9 201/202 Retail (‘‘Retail Svc Stds’’, Savings of 90% of Postal Plan) ...... – .0.6 0.9 1.3 1.7 1.9 203–205

VerDate Mar 15 2010 05:12 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.016 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2566 CONGRESSIONAL RECORD — SENATE April 23, 2012 THE UNITED STATES POSTAL SERVICE—PLAN TO PROFITABILITY—DRAFT—4/17 S. 1789 AMENDED (APR 16)—MANAGERS SUBSTITUTE, AS OF 4–16–12—Continued [in $Billions]

S–1789 2011 2012 2013 2014 2015 2016 Section

Delivery (Same as Postal Plan) ...... 1.2 1.6 2.1 2.5 3.0 Total Operations Initiatives (incl wkload) ...... – 2.2 3.5 4.9 6.4 7.8 Comp & Benefits and Non-Personnel Initiatives. Collective Bargaining (Same as Postal Plan) ...... – 0.4 1.2 1.6 1.9 2.2 Postal Health Plan—Employees—no significant savings proposed ...... – – – – – – 104–105 Postal Health Plan—Retirees—no significant savings proposed ...... – – – – – – 104–105 Retiree Health Benefits Paid from RHES Fund ...... – – 2.9 3.2 3.5 3.9 103 Less: Pay Normal Cost +40 yr Amort of Unfunded ...... – – (3.7) (3.8) (3.9) (4.0) 103–105 Interest Savings ...... – – 0.0 0.1 0.6 1.1 Comp & Benefits and Non-Personnel Initiatives ...... – 0.4 0.5 1.1 2.2 3.2 Separation Cost ...... – (0.4) (0.4) (0.4) – – Total Contribution from Strategic Initiatives ...... 5.5 24.7 9.1 11.3 16.3 19.5 Revised Operating Expenses ...... 67.9 55.9 66.4 66.4 63.8 63.4 Revised Net Income/(Loss) ...... $(2.2) 8.1 (3.0) (3.8) (1.9) (1.8)

2015 Daily Net Income/(Loss)—$ Millions ...... ($5.1) M/Day Net Cash/(Debt) ...... ($11.7 ) (3.3) (6.3) (9.9) (11.4) (12.4 ) Notes: (a) Reducing FERS employer contribution rate by 3%, to reflect Postal specific demographics and salary increase data, would avoid creating another future overfunding position. Sections not included due to lesser near-term financial impacts: 211: Non-Postal Products 301 to 305: FECA Reform 403: Co-location of Federal Agencies 404: Cooperation with State & Local Governments 405: Distribution of Beer, Wine & Distilled Spirits Does not include the following impacts: No more than 2 consecutive non-delivery days (5 Monday holidays per year).

Mr. LIEBERMAN. All along, our goal We have added new sources of rev- The PRESIDING OFFICER. The jun- has been to get to a point, over 3 or 4 enue. We have created a process here, ior Senator from Virginia. years, where we would save as close to which is not scored by the Postal Serv- Mr. WARNER. Mr. President, first of $20 billion a year as we could. That is ice, that we think can add more money all, let me thank the chairman and the number Postmaster General because it will develop a new business Senator COLLINS for their work on this Donahoe gave to our committee as to model, a new way to use the assets the bill. I know it has caused a great deal what he needed, the Postal Service Postal Service has to make more of interest and consternation, but the needed to get back in balance. money. numbers are overwhelming that with- On the current course, in fiscal year The fact is—I want to emphasize this out this kind of legislation, the fate of 2016 the U.S. Postal Service—I am again—this saving of $19 billion, which our Postal Service would be in great reading now from the statement I have will result by 2016 if this substitute to jeopardy. I commend both the chair- entered into the RECORD that the Post- S. 1789 is passed, does not take any tax- man and ranking member for their al Service has given us—will have a payer funds. In fact, it properly returns very good work. I intend to support the deficit of $21.3 billion. In 2016, under certain overpayments to the Postal legislation. I know they have had to the passage of S. 1789 with our sub- Service. make some hard choices, but I think stitute amendment, the loss is reduced The CBO score for S. 1789 is simply they are putting the Postal Service to $1.8 billion. That is from $21.3 billion misleading—profoundly misleading— back on the path to sustainability, and to $1.8 billion. Well, of course, we want because of the kinds of accounting I commend their leadership. to get it to total balance, but we are rules that do not relate to the reality I also thank them both for an amend- clearly going to hit balance after that of the budget for the Postal Service. on the course we are on. That means, I am proud of what we have been able ment they have been kind enough to according to the Postal Service, pas- to accomplish. It took a lot of work. As include in, I believe, a revised bill, a managers’ package, that takes on a re- sage of S. 1789 with our substitute Senator COLLINS has said, if this point lated issue that affects not only Postal amendment will save the Postal Serv- of order Senator SESSIONS intends to ice over $19 billion a year by 2016. That make at some point in the debate— Service employees but all Federal em- is exactly what the Postal Service hopefully after the amendments are ployees; that is, the absolutely dread- needs to stay alive. voted on—is sustained, it will end this ful performance—which is starting to We do it without compelling layoffs. bill. Instead of, therefore, having be corrected, but the absolutely dread- We do it with incentives for retire- passed a bill which, if it goes all the ful performance that OPM and agencies ment. We do it without mandating—as way to enactment, would save $19 bil- of the government, including the Post- some of the amendments would that we lion for the Postal Service every year al Service, have done in terms of mak- will vote on tomorrow—the mass clo- by 2016, the Postal Service’s deficit and ing sure our Federal employees receive sure of mail-processing facilities or our debt spiral would continue downward. I their retirement benefits in a timely post offices around the country, which, would predict there would be massive manner. as Senator COLLINS said, would be a cutbacks in services and a loss of em- The Presiding Officer and I, both kind of shock therapy. It would so jolt ployment by people in the Postal Serv- from the Commonwealth of Virginia, the system that people would turn ice but particularly among the 8 mil- have 130,000 Federal employees in Vir- away from the post offices in increas- lion people who are in jobs that depend ginia. There are 140,000 Federal em- ing numbers. In fact, it would accel- on the Postal Service in the private ployees across the river in Maryland. I erate the loss of revenue. We do it sector for their livelihoods. So with all am happy Senator MIKULSKI has co- without an immediate move from 6 respect, I will vigorously oppose the sponsored the amendment I am going days of delivery to 5 days because that point of order my friend from Alabama, to talk about in a few moments. is a tough one for a lot of people. We Senator SESSIONS, will make. I want to explain the problem we are have given the Postal Service 2 years Mr. President, I note the presence on facing and why I am asking the Senate to essentially prove it can get back in the floor of the distinguished Senator to adopt this amendment during the balance without that move from 6 days from Virginia. Does he wish to speak? consideration of this bill to reform the to 5 days of delivery. I yield the floor. postal system.

VerDate Mar 15 2010 05:51 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.001 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2567 Over the past year, I and other Mem- tant part of our Federal Government. ness and accuracy of Postal Service bers in both parties have received hun- In January of 2012, OPM’s retirement claims, requiring OPM to compare the dreds of requests for assistance from backlog exceeded 62,000 cases—62,000 Postal Service with the performance of Federal retirees who have experienced Federal employees, retirees—who were all other Federal agencies. So we need significant delays in obtaining their waiting to get their benefits. Again, let to figure out, because we do not know full retirement benefits—delays that me point out, many of these retirees at this point—we have a 52,000-claim oftentimes exceed 12 months, some- were waiting for more than 1 year. backlog—whether the backlog is be- times as much as 18 months and more. We saw huge backlogs in disability cause the agency the employee worked In the meantime, these Federal retir- claims, death benefits, and quarterly for did not get the information to OPM ees—and no one questions that they de- benefits. By OPM’s own account, it in a timely manner or whether OPM serve and should receive these benefits, takes almost 700 days, nearly 2 years, has not processed this. but since there is slow processing and to process some death benefits. Re- This amendment will require the antiquated technology, they are not cently, after my meetings with OPM Postal Service to assess how it is getting these earned retirement bene- and other members of the delegation, doing, getting this information to fits. These retirees face inordinate OPM has made some limited progress OPM, and compare that with the per- hardships trying to pay their bills and in reversing the tide of retirement formance of other Federal agencies. survive on partial payments made claims. The retirement backlog is now This will allow us to see which Federal while their retirement paperwork 52,000 claims. OPM has hired new staff agencies have the best and worst track moves through the system. and is starting to modernize its out- records in submitting paperwork to Remarkably, in 2012, our whole re- dated processing, but it is clear more OPM. The snapshot we saw a little bit tirement system is still a paper-based needs to be done. earlier this year at the hearing in Feb- system. OPM also relies upon every I wish to also compliment Senator ruary showed that a number of agen- other Federal agency, such as the post AKAKA, who was kind enough to let me cies had literally a 30- to 50-percent office and others where a Federal em- join an oversight hearing on this mat- error rate in submitting their retire- ployee works, to assemble and submit ter back in February of this year. What ment paperwork to OPM. the retiree’s paperwork in a timely and I heard there worried me. So I sent my With close to 100,000 potential new efficient manner. But as we have seen staff to OPM’s retirement processing retirees—actually a much larger num- with the occasional snapshots that facility last month to see the problem ber, but the effect of this bill may urge have been taken, some agencies lit- up close. Unfortunately, my staff’s re- the voluntary retirement of 100,000 erally have a 30- to 50-percent error ports confirmed my worst fears. The postal workers to retirement—OPM is rate in submitting the background ma- current process is largely manual, going to get hit by a tsunami. terial for the retiree so OPM can appro- cumbersome, and contributes to sig- Second, the report will also require priately process the paperwork. nificant delays and potential errors. OPM to provide a claims aging report. Part of the goal of this postal reform, We have been told the newest OPM We need to know how long retirement I know, is going to be to encourage technology is 12 years old. That is pret- applications have been pending at some of the voluntary retirements in ty remarkable. It is simply no longer OPM. By the way, we do not have any the postal system—again why this feasible to expect that manual data of that information right now for the amendment is so timely. Meanwhile, entry for retirement and benefits 52,000 cases that are currently pend- the retirees wait and wait for benefits; claims make sense when we have tech- ing—no basic aging report. benefits they have earned, and, unfor- nology that can dramatically lower Third, the amendment will require tunately, benefits they cannot get ac- processing time and increase accuracy. OPM to at least move forward a little cess to. We continue to hear from re- OPM needs to modernize its tech- bit in modernizing one piece of their cent Federal retirees who literally nology in the long run. But in 2012, technology, so OPM can at least re- spend 8 or 10 hours a day trying to get they need to at least start taking some ceive some electronic payroll data through on the customer service line to short-term steps. It is unacceptable from the Postal Service system. find out where their benefits are. Now, 551,000 people work for the Post- I would like to share a few examples that they rely upon paper processing in al Service right now. If this legislation of what we are hearing. We recently 2012. OPM, as I mentioned, has made passes, which I hope it will, and we see heard from a retired colonel from Wil- some progress. But ultimately they the voluntary retirement of 100,000 liamsburg, VA, who wrote, ‘‘I retired in still want to remain committed to a postal workers over the coming months March 2011 and at the time of this writ- paper processing system. That does not ing OPM has still not figured out my make any sense. The kicker is this and years, that is a new tsunami of re- full retirement pay . . . my savings are problem is not new. As indicated by tirement benefits claims that are going getting low.’’ this press story, Federal agencies rou- to need to be processed by OPM. From here in Northern Virginia, in tinely point the finger of blame at The bottom line is this: OPM, while Dumfries, VA, we heard from a retiree OPM for causing these delays, while they are trying to make some progress who said: OPM points the finger back at the indi- and I commend Director Berry for I have been subjected to a severe financial vidual agencies for not getting the in- some of the actions he has taken, needs hardship because of not getting my full bene- formation to OPM in a timely manner. to be urged along and we need to get fits. I was recently told that the bank is re- One might think this story was writ- more data about how they do, not only possessing my auto because I cannot afford ten in the last few weeks. There have with the Postal Service but with all to make the payments. actually been stories written in the Federal agencies. My amendment will He cannot make the payments be- Post in the last few weeks about this move forward in that direction. cause this retiree was not getting her subject. But the day I am quoting from The Warner-Mikulski amendment fo- benefits. She was existing on partial on this story is actually May 9, 1988. cuses on these key reporting require- benefits until OPM could deal with the That is 24 years ago. Ronald Reagan ments and mandates more trans- processing. was President when this was written, parency so we can untangle the From Warrenton: and we have had four Presidents since chokepoints. I believe we need to honor I am seeking assistance with obtaining my then. Yet OPM continues to offer the the dedication and commitment of our husband’s health insurance which was can- same excuses and the same kind of Federal workforce, including our postal celed unexpectedly. He worked for DOD. I no- back-and-forth finger-pointing between workers, in making sure that when tified OPM with the appropriate forms and a they do retire, they get their Federal copy of his death certificate, all of which was agencies. We have seen this show be- apparently lost by OPM. I tried to obtain fore. It needs to be taken off the air. retiree benefits in a timely and effi- new forms but was told it would take up to What are we going to do with this cient manner. Again, I wish to thank 6 weeks. I am 80 years old and need my amendment and how does this affect the chair and the ranking member for health insurance now. My husband and I trying to move the ball forward? My their hard work on this postal reform were married for 60 years. amendment will do three things. First, bill. I look forward to supporting it. I This is unacceptable. This is not the it requires OPM to report to Congress, also hope my colleagues will join me in way we ought to be running this impor- GAO, and the public about the timeli- supporting this Warner-Mikulski

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.018 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2568 CONGRESSIONAL RECORD — SENATE April 23, 2012 amendment that while tangential to OPM in processing the retirement ap- Senate, we are going to go to another the overall reform of the Postal Serv- plications of Federal and postal work- matter, the NLRB rule. I wish to thank ice, making sure these retirees get ers, and this is just wrong. particularly Senator SESSIONS and Sen- their benefits in a timely manner is As the Senator’s statement shows, it ator WARNER who came to the floor to something on which we should all has caused some real hardship to indi- discuss their amendments. Senator agree. viduals. So I was pleased the chairman COLLINS and I will return at 4. We will I yield the floor. and I could work with the Senator to be here until 5, when we go to the dis- The PRESIDING OFFICER. The Sen- modify his amendment so it would be cussion of a judicial nomination. Then, ator from Connecticut. germane to this bill. I look forward, at we will be here after the vote tonight Mr. LIEBERMAN. Mr. President, I the appropriate time, to working with as late as anybody is here to discuss thank my friend from Virginia most the chairman to accept the amend- and debate amendments before we go importantly for focusing our atten- ment. to the vote tomorrow. tion—I know Senator COLLINS and Sen- The PRESIDING OFFICER. The Sen- I thank the Chair. I thank my friend ator AKAKA have also been involved in ator from Virginia. from Maine. this—on this unacceptable situation, Mr. WARNER. I want to thank the I yield the floor and suggest the ab- where Federal employees are retiring. chair and the ranking member for sence of a quorum. Because of a lot of failures here, the working with me on this amendment to The PRESIDING OFFICER. The failure to implement an effective—it is get it appropriately modified. This an clerk will call the roll. 2012—electronic system for this pur- area that I think there is broad bipar- The assistant legislative clerk propose, this paper processing, meaning tisan consensus, that we need to make ceeded to call the roll. that people have to wait these very sure—whether postal workers or other Mr. ENZI. Mr. President, I ask unani- long times after they retire, while they workers in the Federal system—that mous consent that the order for the are waiting, they are getting a signifi- when they choose to retire, they can quorum call be rescinded. cantly reduced benefit which causes expect those retirement benefits in a The PRESIDING OFFICER. Without real hardship. timely manner. objection, it is so ordered. The Senator from Virginia is abso- I wish to again commend the chair f lutely right. We mandate in this bill, and the ranking member for the fact the underlying bill, that the Postal that putting in place this very reason- PROVIDING FOR CONGRESSIONAL Service accept the goal of 18 percent in able plan that is going to encourage DISAPPROVAL OF THE RULE reduction of workforce. The total num- the voluntary retirements of that ap- SUBMITTED BY THE NLRB RE- ber of career employees in the U.S. proximate 18 percent of the work- LATING TO REPRESENTATION Postal Service is about 545,000, and 18 force—109,000 I believe it amounts to— ELECTION PROCEDURES—MOTION percent comes out to around 100,000, is going to be a lot easier to make that TO PROCEED which is our goal for reduction. This sell if those postal workers can then Mr. ENZI. Mr. President, I make a has to happen if the Postal Service is expect to receive their retirement ben- motion to proceed to S.J. Res. 36. going to get back in balance. Because efits in a timely manner. I think if The PRESIDING OFFICER. The as Senator COLLINS said earlier today, they are hearing the current scuttle- clerk will state the resolution by title. 80 percent of the operating budget of butt that they may have to wait 12 to The assistant legislative clerk read the Postal Service is personnel costs. 18 months to get their retirement bene- as follows: Obviously, it is a labor-intensive oper- fits, it becomes a much harder effort Motion to proceed to S.J. Res. 36, a joint ation. So we are going to have another for the Postmaster and the manage- resolution providing for congressional dis- 100,000 people. In fact, it keeps going. ment of the Postal System to make— approval, under chapter 8 of title V, United By 2017, we will have—from now, this even if they got the right incentives in States Code, of the rule submitted by the Na- year, we will have a total of 138,000 place—to kind of get over that hump if tional Labor Relations Board relating to rep- postal employees eligible to retire. The they have to wait a long time. resentation election procedures. Postal Service is going to have to work So I very much thank again the chair The PRESIDING OFFICER. Under to incentivize them to retire so the and ranking member, Senator LIEBER- the previous order, there will be 2 service overall can stay in balance. MAN and Senator COLLINS, for their hours of debate equally divided and I wish to thank Senator WARNER be- support, and I think trying to shine a controlled between the two leaders or cause we have worked very well to- light, not only on the Postal System their designees. gether on a modification to his amend- but vis-a-vis how other Federal agen- The Senator from Wyoming is recog- ment, which I think most significantly cies are doing will be important. I look nized. will require the Office of Personnel forward to working with them. I know Mr. ENZI. Mr. President, I rise today Management to submit a report to they both focused on this issue in the to ask for disapproval to stop the Na- Congress related to the completion of past. I hope to lend my assistance to tional Labor Relations Board’s ambush retirement claims for postal annu- make sure we get this fixed. election rule. This rule I have been ob- itants, to keep the pressure on them to The PRESIDING OFFICER. The Sen- jecting to was put into place by an end this inhumane—in many cases, un- ator from Connecticut. NLRB that is bound and determined to acceptable—situation. Mr. LIEBERMAN. Mr. President, stack the odds against American em- I know when the proper time comes, thanks to the Senator from Virginia. ployees and to put employers and em- we intend to support this modified He makes a very important point: Of ployees in an unfair situation. Despite amendment. It strengthens the bill. It the $19 billion in savings that the Post- the fact that unemployment has re- does the right thing. I thank the Sen- al Service itself believes will result an- mained above 8 percent for the past 3 ator from Virginia for expressing his nually as of 2016, $8.1 billion will come years, and small business growth is the intention to support the overall bill. from the reduction in salaries paid be- most important factor in reversing the I yield the floor. cause of retirements that are in- lackluster trend, the National Labor The PRESIDING OFFICER (Mr. centivized under this bill. Relations Board has chosen to impose UDALL of New Mexico.) The Senator It is common sense that if a worker new rules to aid big labor at the ex- from Maine. is thinking about retiring and hears pense of employers, and particularly Ms. COLLINS. Mr. President, I too there is such a backlog that they are small business employers and the jobs wish to commend the Senator from only going to get half of what they de- they would create. Virginia for offering this amendment serve for their pension until the paper- If the Senate does not act now to in conjunction with the Senator from work has cleared, they are probably stop this rule by passing my resolu- Maryland. I wrote to OPM in July of not going to rush to retire, and, there- tion, it will go into effect on Monday, last year about this very issue. I was fore, we are going to save less money. April 30, 10 months after it was first very concerned about reports in my We are approaching the hour of 2. Ac- proposed. The changes that are being own State and from the Washington cording to the unanimous consent that made are going to be a big surprise for Post about the tremendous backlog at governs our activities today in the the employers and employees who get

VerDate Mar 15 2010 04:55 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.020 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2569 caught in this net, particularly, as I What this all adds up to is an ex- question of law. In contrast, the am- mentioned, the small employers who do tremely small window of time from fil- bush election is not a response to a real not have the human resource depart- ing a petition to the actual election, problem because the current election ments or in-house counsel. I would ex- little opportunity for employers to process for certifying whether employ- pect that we elected representatives of learn their rights or communicate with ees want to form a union is not broken. the people are going to face a lot of employees their rights, and less oppor- This rule was not carefully negotiated questions about what we did to stop tunity for employees to research the by stakeholders. Instead, it was final- this blatant effort to stack the odds in union and the ramifications of forming ized in just over 6 months despite the big labor’s favor—and we will be asked. a union. The NLRB is ensuring that the fact it drew over 65,000 comments in This rule will shift the law signifi- odds are stacked against employees the 2-month period after it was first cantly in favor of big labor. and businesses. This vote is an oppor- proposed. Let me take a moment to explain. tunity to tell the NLRB to reverse Labor law history provides an inter- Under current practice, there is a 25- course. esting contrast to this rushed regu- day waiting period between the setting If we pass this resolution, as I hope latory approach. In the late 1950s, Con- of an election by a hearing officer and we will, the Senate will not be the only gress became concerned about undemo- the actual secret ballot election. Em- branch of government telling the cratic practices, labor racketeering, ployers could use this time to famil- NLRB it is off track. Last month, a and mob influence in certain labor iarize themselves with the require- District of Columbia Federal court told unions. To address this the Senate cre- ments and restrictions of the law. This the NLRB that several provisions of its ated a special committee—the Select is very important because there are notice-posting regulation were well ex- Committee on Improper Activities in many ways that an unknowledgeable ceeding their authority and struck the Labor or Management Field. That employer with the best intentions them down. This was a judge appointed operated for 3 years and heard more could make a misstep that would be by President Obama. Two weeks ago, than 1,500 witnesses over 270 days of heavily penalized by the NLRB. Em- another Federal court—this time in hearings. ployers also use the time to commu- South Carolina—also ruled against the Based upon their investigations, the nicate with their employees about the NLRB. It found that the entire notice- Senate negotiated and passed legisla- decision they are making and correct posting regulation violated congres- tion to protect the rights of rank-and- misstatements and falsehoods that sional intent. Following up on these file union members and employers. The they may be hearing from union orga- two rulings, the DC Court of Appeals legislation is known as the Landrum nizers. stayed the entire rule until appeals are Griffin Act. The issue of how long a period of Parties also use this time to seek re- completed. The court in that case was time there should be between the review of a decision made by a hearing frustrated that the NLRB did not post- quest for an election and the actual officer or an NLRB regional director. pone the rule itself, given the multiple election came up during those negotia- Under the new regulation, the 25-day negative treatments in the courts. tions. My colleagues may be surprised waiting period is abolished and em- Unfortunately, that reckless sense of to learn it was Senator John F. Ken- ployers may face an election in as few blind mission is consistent with this nedy who argued vigorously for a 30- as 10 days. administration’s NLRB. It is kind of day waiting period prior to the elec- Is it fair to the employees to only like ‘‘Thelma and Louise’’ driving off a tion. As he said: have 10 days to learn how this will af- cliff. I, for one, don’t want to see the fect his or her life, and how much of his NLRB drive our economy off a cliff. I There should be at least a 30 day interval between the request for an election and the or her money this will cost? hope this resolution will pull them holding of an election . . . in which both par- Under current law, both parties are back and encourage them to focus on ties can present their viewpoints. . . . . The able to raise issues about the election their statutory mission. 30 day waiting period is an additional safe- at a preelection hearing, covering such The NLRB enforces the National guard against rushing employees into an issues as which employees should be in- Labor Relations Act, which is the care- election where they are unfamiliar with the cluded in the bargaining unit and fully balanced law that protects the issues. whether particular employees are actu- rights of employees to join or not join Again, that was a quote by Senator ally supervisors. Under the new regula- a union, and also protects the rights of John F. Kennedy. Fairness to the em- tion, parties will be barred from raising employers to free speech and unre- ployees—that is what Senator John F. these questions until after the election. stricted flow of commerce. Since it was Kennedy was talking about. The 30-day Employees will be forced to vote with- enacted in 1935, changes to this statute waiting period provision he supported out knowing which other employees have been rare. When they have oc- did not ultimately become part of the will actually be in the bargaining unit curred, it has been the result of careful law, and, obviously, it is not a law with them. This is important informa- negotiations with stakeholders. This today. Instead, the NLRB adopted a tion that weighs heavily in most em- change is one-sided and super quick— practice of a 25-day waiting period in ployees’ vote. an ambush to set up ambush elections. almost every case. But this caution Additionally, because of the NLRB’s The National Labor Relations Board about the need for employees to have a decision to allow micro-unions, such as is not an agency that typically issues chance to become familiar with the specialty health care, unions will es- regulations. Listen to this: In fact, in issues is just as true today. sentially be granted any bargaining over 75 years the National Labor Rela- Employees who are not aware of the unit they design and employers will tions Board has finalized only three organizing activity at their worksite, have a very limited time to weigh in. regulations through formal rule- and even those who are, need to have Under current law, when either party making, two of which occurred last an opportunity to learn about the raises preelection issues, they are al- year. Let me repeat that. In over 75 union they may join. They will want to lowed to submit evidence and testi- years, the National Labor Relations research the union to ensure it has no mony and file posthearing briefs for Board has finalized three regulations signs of corruption. They will want to the hearing officer to consider, and through informal rulemaking, and two know how other work sites have fared have 14 days in which to appeal deci- of them occurred just last year—under with this union and whether they can sions made with respect to that elec- this current National Labor Relations believe the promises the union orga- tion. Board. As I mentioned, one of those nizers may be extending. Employees Under the new regulation, the hear- was already struck down by one court should have every chance to under- ing officer is given the broad discretion and stayed by another. stand the impact of unionization. to bar all evidence and testimony unre- Most of the questions that come up For example, they will no longer be lated to the question of representation under the law are handled through de- able to negotiate a raise individually and all postelection briefs, and no ap- cisions of the board. Board decisions with their employer. Doing their jobs peals or requests for stays are allowed. often do change the enforcement of the better than a fellow employee may no This can be quite a disadvantage for law significantly, but they are issued longer bring any benefit whatsoever. employees as well. in response to an actual dispute and Union rules may even hinder sales.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.023 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2570 CONGRESSIONAL RECORD — SENATE April 23, 2012 I once had an opportunity to visit a islation was deceptively named ‘‘The NLRB’s other regulatory effort—which shoe factory. I was in the retail shoe Employee Free Choice Act.’’ In reality would make two out of three in the business, and we visited a shoe factory. it would have forced employees into last 75 years. With the President’s ap- As we went through it, I saw some the exact opposite of free choice. Any pointment of the National Labor Rela- boxes of some of the shoes we normally Senator who opposed this card check tions Board members when we were not carry and was kind of interested in legislation should also be voting for in a Senate recess period, the Senate what the new fashion looked like. So I this resolution to stop ambush elec- did not confirm the people pushing this went over and opened a box, and the tions. effort—though, mostly, this was done roof caved in. Not actually, but it Another reason the Congressional by previous board members. But with seemed as if the roof caved in because Review Act was designed for just this the President’s recess appointments in it had to be somebody who had union situation is there is simply no other place, the National Labor Relations authority to open that box. It couldn’t way we would be allowed to have a vote Board is poised to push forward other be the supervisor. So I actually shut on this issue in this Senate. Back in bad ideas aimed at helping union down the factory for about 30 minutes December, the House of Representa- bosses, not employees, and not job cre- just by picking up a box to look at the tives passed Chairman KLINE’s legisla- ators. It is time to stop this agency shoes that were probably going to be tion that would have effectively killed and level the odds. the ambush election regulation and coming to my store at one point in I am pleased to have 44 fellow Sen- codified a 35-day waiting period before time. ators cosponsoring this resolution. I an election. The Workforce Democracy Grievances cannot be brought will now yield time to other Members straight to the employer but will, in- and Fairness Act was passed with bipartisan support, but it has no chance who would like to speak in favor of it, stead, have to go through the filter of first allowing the Senator from Iowa, union management. Once the union is of being called up for a vote in the Sen- ate. So this vote is the one chance Sen- the chairman of the committee, an op- certified, the National Labor Relations portunity to speak, probably, against Board has instituted significant re- ators will have to stand up for employees and small businesses that want it. strictions for when it may be decerti- I yield the floor. fied; in other words, when the employ- fairness. By any measure, the current law and The PRESIDING OFFICER. The Sen- ees can fire a union as their representa- certification system provides that fair- ator from Iowa. tive. Employees are barred from peti- ness. The National Labor Relations tioning for decertification for a full Mr. HARKIN. Mr. President, I yield Board keeps data on elections timing year after the election and barred as myself whatever time I may consume. and sets up annual targets to process well throughout the term of the collec- The PRESIDING OFFICER. Without elections and decide complaints swift- tive bargaining agreement. So there is objection, it is so ordered. ly. Last year, they exceeded two of a very small window in which employ- Mr. HARKIN. Mr. President, I also those targets and came within three- want to clear up one parliamentary ees have any opportunity to get rid of tenths of a percentage point of meeting question. The occupant of the chair a union they do not support. They are the third. There is simply no justifica- stated we had 2 hours evenly divided. I going to be rushed into judgment, and tion for this regulation. then they are stuck with it. Last year, initial elections and union believe that is today. But on the agree- Four decades ago Senators recog- representation elections were con- ment for the entire debate on the Con- nized employees deserved the oppor- ducted in a median of 38 days after the gressional Review Act, if I am not mis- tunity to gather this and all other rel- filing of the petition. Almost 92 percent taken, it is 4 hours evenly divided. evant information before casting their of all initial elections were conducted The PRESIDING OFFICER. The Sen- votes. Unfortunately, the NLRB is within 56 days of the filing of the peti- ator is correct. choosing to ignore this caution, and tion. Not only are the vast majority of Mr. HARKIN. I thank the Chair. rank-and-file employees will suffer. elections occurring in a timely fashion, Mr. President, this Congressional Re- Fairness to the employee? but unions are winning more than ever. view Act challenge is the latest chap- This situation is exactly what the Unions win more than 71 percent of Congressional Review Act was intended ter in an unprecedented Republican as- elections—their highest win rate on sault on unions. The amount of time for. When an agency takes regulatory record. The current system does not action that is not supported by the this Congress has wasted scrutinizing disadvantage labor unions at all, but it and bullying the National Labor Rela- people and their representatives, the does ensure employees—whose right it Congressional Review Act gives Con- tions Board over the last 2 years is is to make the decision of whether or simply astonishing. This time the de- gress the chance to repeal that regula- not to form a union—have a full oppor- tion. bate is about whether the NLRB acted tunity to hear from both sides about appropriately when it streamlined its In this case those advocating for the the ramifications of that decision. rule are doing so because they cannot procedures for setting up a union elec- This resolution will preserve the fair- tion and eliminated unnecessary bu- pass the bill they really want, which is ness and swift resolution of claims card check. Card check is where you reaucracy to make the agency more ef- which occur under current law. It will ficient. have people go in and stand over em- not disadvantage unions or roll back This seems like a commonsense and ployees’ shoulders while they check a any rights. Let me repeat that: This logical step that if taken by any other box that says they want to be in a resolution will not disadvantage unions agency my colleagues on both sides of union. Then, with enough signatures or or roll back any rights. What it will do the aisle would be applauding as a step enough boxes checked, there is no se- is prevent the small business employ- forward for good government and effi- cret ballot election. So many have re- ers in America from being ambushed ferred to this as ‘‘back-door card and employees from being misled with ciency. But because these reforms were check’’—this particular NLRB regula- insufficient information into union put forward by the NLRB—an agency tion—and for good reason. Both pro- contracts they cannot get out of. my Republican colleagues seem to do posals seek to restrict all communica- Under a successful Congressional Re- anything to undermine—we are all tion with employees prior to a union view Act disapproval, the agency in standing here today debating the mer- election for union organizers only. question is prohibited from issuing any its of this eminently sensible action. It Under both scenarios, employees are substantially similar regulation. That is a real shame. likely to hear only one side of the means the National Labor Relations At a time when we should be working story, and employers can be cut out of Board could not just reissue this regu- together to rebuild our economy and the process altogether. lation and could not finalize many of addressing the real challenges facing But the other side could not pass the other bad ideas they initially pro- working families across this Nation, card check because once the American posed. I will be speaking about some of instead Republicans are distracting public found out about what they were those later on in this debate. this body with partisan attacks on the trying to do, they objected. It took a Let’s not wait for the courts to strike National Labor Relations Board and on little while because the card check leg- down this rule, as they have the unions.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.024 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2571 I would welcome the opportunity to form a union. Again, the rules we are say they got 100 of them to sign a peti- spend this time on the Senate floor de- talking about don’t even affect 90 per- tion. They usually try to get about 50 bating how to make life better for mid- cent of the businesses. percent. They present it to the NLRB. dle-class families. I would even wel- This 10 percent of the time when the Management then says: Person A come the opportunity to have a real de- parties can’t reach an agreement, the shouldn’t be in that bargaining unit be- bate about unions and the important NLRB then holds a hearing to decide cause they are a supervisor, and person role they play in our country. What I who should be in the bargaining unit. B over here shouldn’t be in here be- deeply regret is that we are instead The NLRB’s proposed rules deal with cause that person is a clerk and not a going to spend time discussing the wild the mechanics of that hearing and they handler—or whatever it might be that misinformation that has been spread attempt to cut back on the frivolous wouldn’t correspond to the bargaining about National Labor Relations Board litigation that has plagued the hearing unit. rules that were properly undertaken, process. That is the proposed rule. Let’s say they raise that issue on five well within the agency’s authority and They deal with the mechanics of that people. Under the present situation, completely sensible. So let me take a and cut back on this frivolous litiga- they could then take this to the NLRB, moment to try to set the record tion. Under the old rules, management have hearings on each one of those. If straight. could litigate every single issue they they didn’t like the outcome, they In December, after receiving public could imagine at the preelection hear- could then take it to Washington, DC input, the NLRB announced that some ing. They could file posthearing briefs and drag it out. internal agency procedures governing over any issue no matter how minor, Under the new rules, what they union elections would be changed. and they could appeal any decision to would say is: OK. If management is These are modest changes that not the NLRB here in Washington. In many challenging those five people, we will only make the procedures more ration- cases, the election would be put on set their ballots aside, and we will have al and efficient but also ensure that hold while the Board reviewed the case. an election. If the election was 150 to 20 workers and employers alike will have The workers then had to wait for the that they form a union, then those 5 an opportunity to make their voices resolution of this litigation before they wouldn’t make any difference one way heard in an environment free of intimi- could even vote. or the other. But if the election were dation. These changes, while modest, When the management side took ad- close and those five would, then the are desperately needed. They will advantage of every opportunity for delay, NLRB would step in and say: Wait a dress the rare but deeply troubling sit- the average time before workers could minute. The certification would be put uation where an unscrupulous em- vote was 198 days. Again, we are talk- on hold until they decided whether ployer uses delay and frivolous litiga- ing about this 10 percent. When man- those people were rightfully in the bar- tion to try to keep workers from get- agement took advantage of every op- gaining unit to vote. Again, these are ting a fair election. Let me briefly ex- portunity, the average time before some of the games that have been plain how the process works and how workers could even vote was 198 days. going on. the new rules will help. We have some cases where it has been Another example is appeals. All par- Ever since the passage of the Na- as long as 13 years before employees ties still have the right to appeal any tional Labor Relations Act in 1935, were able to vote in a union election. decision they disagree with. But now, workers have had a Federally protected While the election process drags on, all appeals would be consolidated after right to choose whether to form a workers are often subjected to harass- the election, which allows the Board to union, and our national policy, as stat- ment, threats, and, yes, firing. conserve its resources and keep the ed in that act, has been to encourage A study by the Center for Economic election process moving forward. collective bargaining. Workers who are and Policy Research found that, among These commonsense changes remove interested in forming a union can re- workers who openly advocate for a unnecessary delays from the process, quest an election if at least 30 percent union during an election campaign, one they cut down on frivolous legal chal- of the workers in that workplace sign a in five is fired. We know what kind of lenges, and give workers the right to a petition and present that to the Na- signal that sends to the rest of the fair up-or-down vote in a reasonable pe- tional Labor Relations Board. About 90 workers. A Cornell University study riod of time. The new rules don’t en- percent of the time, the employer and found that workers were required to at- courage unionization and they don’t the union reach an agreement covering tend an average of ten anti-union discourage it. They just give workers when the election will be held, the tim- meetings during worktime before the the ability to say yes or no, without ing of it, and who is in the bargaining election. By law, workers have the having to wait several months or even unit. right to organize. As I said, our official years to do so. That is the ideal situation. That is policy, as stated in the National Labor There is rampant misinformation what happens the majority of the time. Relations Act, is to encourage collec- about this rule. To be clear, the rule Although we would never know it from tive bargaining, but in practice we does not allow a so-called ambush elec- the rhetoric surrounding these rules, allow delay and intimidation to make tion, where an employer is taken by the new procedures address only the that right meaningless. surprise and has no ability or oppor- roughly 10 percent of situations where The current NLRB election reforms tunity to communicate with workers these preelection issues are in dispute do not solve this problem entirely, but about the pros and cons of a union. As and the rules say nothing about 90 per- nevertheless they are an important anyone who has ever been around a cent of the elections, where the two step forward. They help clear the bu- workplace that is part of an organizing parties reach a voluntary agreement on reaucratic redtape that has wasted drive would know, employers always election terms. government resources and denied work- know what is going on, and they have This chart shows us only a tiny frac- ers the right to a free choice. Under the ample opportunity to express their tion of election petitions will be af- new rules, employers and unions can views. They can require their workers fected by these rules. As I said, 90 per- still raise their concerns about the pe- to listen to an anti-union message all cent of the time the proposed union tition at a preelection hearing, but day long every day, and that is per- and the employers reach an agreement they can’t play games to stall the elec- fectly legal, while the union isn’t even when the election is going to be held, tion. For example, under the new rules, allowed into the facility to talk to how it is going to be held and other employers can’t waste time before the other workers. procedures. They voluntarily agree on election arguing over whether an indi- This rule also does not change the that. Only 10 percent of the time do we vidual worker is eligible to vote. That content of what an employer can or have employers, some that are highly worker then can vote a provisional bal- cannot say to its workers. It doesn’t re- unscrupulous that will do anything to lot, and the two sides can debate the strict an employer’s free speech rights prevent their workers from having any issue after the election if it matters to in any way. kind of a voice in the running of the fa- the outcome. What we have had in the Finally—I wish to make this clear— cility, that go to extreme lengths to past is, let’s say we had a proposed bar- the rule does not mandate that elec- frustrate the will of those who want to gaining unit that was 200 people. Let’s tions be held within any particular

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.026 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2572 CONGRESSIONAL RECORD — SENATE April 23, 2012 timeframe. For anyone who has actu- sons is the broken NLRB election sys- tles from Wisconsin to Ohio and be- ally read the new rules, it is clear it tem. Even though more workers than yond, it is very much a conversation does nothing of the sort. ever are expressing an interest in hav- about workers’ rights. What these rules do accomplish is to ing a voice on the job, the number of Unions have always been the back- help ensure that employers and em- union representation elections con- bone of the American middle class ployees have a level playing field, ducted by the NLRB declined by an as- since we started having a middle class. where corporate executives and rank- tounding 60 percent between 1997 and Since 1973, private sector unionization and-file workers alike have an equal 2009. rates have declined from 34 percent of chance to make their case for or When workers do file for NLRB elec- the labor force to 7 percent; from 1 out against a union. Some workplaces will tions, 35 percent give up in the face of of every 3 workers in America belong- choose a union, some will not. But pro- extreme employer intimidation and ing to a union to now only 7 percent, 1 tecting the right of workers to make withdraw from the election before a in about 15. While unionization rates that choice brings some balance and vote is even held. Let me repeat that. declined, so did the middle-class share fairness to the system. Indeed, many Workers have gone around, they have of national income. employers have recognized that the gotten signatures, they have gotten During some hearings we had last new rules are fair and balanced. Catho- the requisite 30 percent. They usually year—we had a number of hearings in lic Health Care West, a health care get a lot more than that, 40 to 50 per- our committee about this. When we company with 31,000 employees, filed cent. They file with the NLRB. One out track union membership—this, the comments stating: of every three of those give up in the blue line, from 1973 to today—and Reforms proposed by the NLRB are not face of extreme employer intimidation. track the percent of workers covered pro-union or pro-business. They are pro-mod- Why? Because one out of every five is by collective bargaining agreements, ernization. being fired because there is no real pen- and then track the middle-class share Further, Catholic Health Care West alty against the employer for firing of national income, look how they all said they will: someone for union organizing. It is go down the same. As unionization de- Modernize the representation election against the law to fire an employee be- clined the number of workers in collec- process by improving the Board’s current cause they were exercising their right tive bargaining declined, and so did representation election procedures that re- to form a union, to be in union orga- their share of the national income. sult in unnecessary delays, allow unneces- nizing. But it happens all the time. That is what has happened to the mid- sary litigation, and fail to take advantage of Why do employers not worry about it? dle class in America. Simply, the fate modern communication technologies. Because there are no penalties. The of America’s unions parallels the fate Mr. Willie West, founder and owner of penalty is backpay minus any offsets. of America’s middle class. West Sheet Metal Company in Ster- I had a young man in Iowa I remem- Unions are not a relic of a bygone ling, VA, wrote an article in the Hill ber very well up in Mason City. He had era, they are a vital element of a fair newspaper stating that: been involved in organizing a union at and successful 21st-century economy. If [t]hese seemingly minor changes certainly his workplace. He got fired. He filed we want to strengthen our economy do not create uncertainty for me and they with the NLRB saying he was wrongly and rebuild the middle class, we should will not affect my ability to create jobs. In dismissed because of his union-orga- try to figure out how to make unions fact, if the NLRB standardizes the election nizing activities. stronger, how to get more people in process, it seems to me this will reduce un- They had a hearing. It dragged on for collective bargaining, not attack col- certainty and turmoil in the workplace—es- 3 years before the NLRB could reach a lective bargaining rights across the pecially for small businesses. decision, and the decision was, yes, he country. We should be fighting to en- Mr. West is exactly right. The rules was fired because of his union-orga- sure that every hard-working Amer- are an improvement for small busi- nizing activities. ican has a right to be treated with dig- nesses and for those who want a coop- What was the penalty on the em- nity and respect on the job—and, yes, erative relationship with their employ- ployer? They had to pay him 3 years’ to have a voice on that job. The cur- ees. Again, keep in mind, 90 percent of backpay minus whatever he earned in rent NLRB election reforms may fall the time they have no problems. We the meantime as a worker. short of that lofty goal, but, as I said, are only talking about this 10 percent How many people can go through they are an important step forward, of the time. That is what these rules years without working? Of course, he and they deserve support. are aimed at. had to work. He had to go to work, and I urge my colleagues to vote no on The new rules promote consistency he had to show how much money he this Congressional Review Act chal- among NLRB field offices. They sim- made in the meantime that had to be lenge to NLRB’s rules. Now that these plify procedures for all parties, making deducted from what his employer had rules are to go into effect—and I am it easier for businesses to plan. The old to pay him. Therefore, they had to pay confident they will go into effect—it is rules gave an advantage to the busi- practically nothing. Yet using that as time for this body to stop wasting nesses with the most money and those an example, they were able to frustrate time, using the NLRB as an election most willing to manipulate the system the organizing of a union. One-third year political football. to frustrate their employees’ right to give up in the face of extreme employer I think these attacks on this modest vote. Some of these businesses in that intimidation. These are the problems rule go right after the intelligence of 10 percent could afford expensive law- that need to be addressed. working Americans. These attacks yers to exploit the system and delay It is not just a problem for unions ei- urge this body to help prevent unions elections. The old rules worked well for ther, but for our entire middle class from being organized. But ordinary anti-union law firms—I will grant you and for the future of our economy. If Americans and the middle class want that—but not for small businesses on a we take a look at what is happening to us to stop this political posturing and budget. the middle class in America, it is being move forward on building economic op- By creating a fair, more transparent decimated. The American people are portunity for the middle class—and, process, the NLRB is leveling the play- insisting—even though we are not yes, to support the right of people who ing field for small businesses. doing much of it in Washington, I can want to form a union, to get rid of all Most important, the rules also take a assure you the American people are in- these delays, and to make sure we have small step to level the playing field for sisting that we have a national dialog rules in place which basically reflect 90 ordinary Americans. The people who do about the growing division between the percent of the employers in this coun- the work in this country deserve a haves and have-nots in this country, try. voice in the decisions that affect their about the detrimental impact this is Ninety percent of the employers families and their futures. Polls show having on the standard of living of reach agreements with their employees that 53 percent of workers want rep- American middle-class families. This on having an election. It is that 10 per- resentation in the workplace, but fewer has led to important discussions about cent that gets to be frustrating. This is than 7 percent of private sector work- tax loopholes for corporations and mil- the purpose of this rule, to make every- ers are represented and one of the rea- lionaires. But as we learned from bat- body sort of falls in the 90 percent, so

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.027 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2573 we have a fair and expeditious election with the work of others when doing so. not only educate his employees, but process, one that is understandable, Employees as well as unions have the also to ensure his actions are within one that does not lead to all this frivo- unlimited right to campaign in favor of the law. lous litigation and delay. unionization away from the workplace. For over 50 years the Department of We have another couple or 3 hours of The National Labor Relations Board Labor has been exempted from report- debate on this matter. After this is election rule will postpone these legiti- ing requirements advice provided to over, I hope we can start focusing on mate questions after the representa- employers. The proposed rule will sig- ways to genuinely help the middle tion election is held and could result in nificantly affect that definition. The class in America. more post-election litigation. So there complexities of the National Labor Re- I yield the floor. are a lot of factors that were men- lations Act almost require an employer The PRESIDING OFFICER. The Sen- tioned. I am not going to go into all of to seek advice on what he is permitted ator from Wyoming is recognized. them. to do or say to employees during a Mr. ENZI. Mr. President, most of the As I have stated throughout the de- union election, especially if the elec- small businesspeople I know consider bate, the National Labor Relations tion period is as short as 10 days. themselves to be part of the middle Board’s ambush election rule is an at- The proposed rule on persuader activ- class. I appreciate the statistics the tempt to stack the odds against Amer- ity will chill employer speech to the chairman provided about 90 percent of ican employers, particularly small point that employers will not seek, and the elections arriving at agreement businesses that do not have a specialist attorneys will not provide, advice on prior to the election. What this rule is in that area or in-house counsel. Most any labor-related issue. So unions have going to do is change it so that only 10 small businesses today cannot afford turned to these regulatory initiatives percent make agreements beforehand either of those. They can be put into after losing the public and political because there is no incentive for the this situation of having to figure it all battle over the Employee Free Choice union to participate at all. They have out in less than 10 days. That is just to Act, otherwise known as card check. the right to just take it over. figure out the rules so they do not get Organized labor’s end game remains There are some statistics about some heavy fines from the National the same, making it easier to organize unions and the middle class, and kind Labor Relations Board. by taking away the employer’s free of a myth, that the current election Coupled with two other changes the speech right and the employee’s right procedures discourage unionization and administration is forcing, some em- to fair information. are the main cause of private sector ployers will be caught in a perfect Supporters of organized labor have union decline. In the 1950s private sec- storm. Taken together, ambush elec- acknowledged the winning strategy is tor union membership reached its tions, the National Labor Relations to gain voluntary recognition of the height of 35 percent of the unionized Board’s micro-union decision, and the union from employers instead of allow- workforce. Today it is less than 7 per- Department of Labor’s proposed rule ing employees to vote in a secret ballot cent of the private sector workforce on persuader activity create a major election, despite a 71-percent win rate. that is unionized, and the decline of shift in favor of organized labor. Ambush elections, increased reporting unionization in the private sector can The Supreme Court has expressly on persuader activity, and the decision be attributed to several social, polit- stated that an employer’s free speech to allow micro-unions will set the bar ical, and economic factors, including rights to communicate his views to his for an employer winning elections im- present-day workplace laws at both the employees is firmly established and possibly high, essentially coercing State and Federal level that have cannot be infringed by a union or the them into voluntarily recognizing the greatly improved working conditions; a board under the National Labor Rela- union. decline in the manufacturing base; the tions Act. Yet the overarching goal of I do thank the Senator for men- new nature of employment, where peo- the National Labor Relations Board tioning that in 90 percent of the elec- ple are more transient in their careers; and the Labor Department’s efforts is tions there is an agreement before the and the desire for contemporary em- to put up barriers that can have the ef- election done in a relatively short pe- ployees to have a more cooperative re- fect of limiting employer free speech. riod of time that takes care of all the lationship with their employers, and Under the specialty health care deci- disputes. I don’t know if the purpose of vice versa. It is kind of a teamwork sion permitting micro-unions, unions Congress is to make sure 100 percent of factor that most businesses operate on can now gerrymander a bargaining unit situations never occur or 90 percent or today. so it is made up of a majority of em- 99 percent, but everything cannot be I think it was also said that employ- ployees who support the union. In this solved by doing a new rush to action ers have unfair access to employees decision, the standard for whether a regulation, particularly by an organi- and regularly bombard employees with union’s petition for a bargaining unit zation that doesn’t do those regula- anti-union propaganda. I think it was is appropriate was changed to make it tions normally. said it could happen 24 hours a day. very difficult for employers to prove it In 75 years there have only been The fact is employers’ speech regarding is not appropriate. The decision will three regulations. Two of them were unionization is closely monitored and lead to smaller units which will be done by the Labor Relations Board in regulated. For example, employers are easier to organize and cause frag- the last year, and one of those has al- restricted from visiting employees at mentation and discord in the work- ready been set aside by the courts. So their homes, inviting employees into place. Allowing micro-unions will in- this is a rush-to-action situation, and I certain areas of the workforce to dis- crease the number of bargaining units hope my colleagues will join me in this cuss unionization, and making prom- in the workplace. The result means an resolution of disapproval of the Con- ises or statements that could be con- employer could face multiple simulta- gressional Review Act. strued as threatening, intimidating, or neous organizing campaigns, all with It is a very difficult bar to reach be- coercive. That is the current law. Em- shortened election periods, thanks to cause the Senate will have to pass the ployers are required to provide unions this ambush rule. Those two combined resolution of disapproval twice with a with a list of employee names and can be pretty dangerous. majority of votes. That gives the other home addresses for representation elec- Under the Department of Labor’s side the opportunity to see who might tion purposes. proposed regulation to require in- support it the first time and see if they I think it was also said changes are creased reporting of persuader activity, can talk them out of it the second needed because current procedures dis- an employer, especially a small em- time. But after that, it has to go courage employees from forming ployer, will rethink obtaining advice through the House, and then this is the unions. The fact is all employees have from lawyers or consultants on what to surprising part to me—if it passes both the guaranteed right to discuss their do when faced with a union organizing bodies where both bodies have said support of unionization and to per- campaign. Taking away the ability to they do not think the agency correctly suade coworkers to do likewise at consult outside parties, combined with interpreted what we put in law, mean- work. The only restriction is that they a shortened election period, makes it ing Congress, who are the only ones not neglect their own work or interfere nearly impossible for an employer to with the right to pass a law—what we

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.029 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2574 CONGRESSIONAL RECORD — SENATE April 23, 2012 put into law, they are trying to change, said the rulemaking process is more decertify, they don’t have to go and that third step is that it requires transparent and more inclusive. So through all of this frivolous litigation the signature of the President in order through rulemaking this board has soon the other side. It applies to both for the Congressional Review Act to be- licited broader public input in its deci- certification and decertification, so it come effective. We are an equal branch sions. doesn’t tilt the playing field one way of government to the administration. What the NLRB has done in the last or the other. The administration writes the rule. We couple of years is opened up the process Again, I applaud the National Labor disapprove of the rule because we say it for comment periods and rulemaking Relations Board for moving in the di- doesn’t follow the laws we have already through the Administrative Procedures rection of more rulemaking, making it passed, and then the administration Act, something the courts have been more open, making it more transparent which wrote the law gets to say wheth- asking and advising the NLRB that than what they have done in the past. er the votes of the people in the House they should have been doing all along But you know what it boils down to? and in the Senate had any effect at all. rather than relying on the adjudicative As long as I have been here, since 1985 The Congressional Review Act has a process. in this body, we have had ups and definite place, but it should have been So, yes, my friend may be right downs on the National Labor Relations done using the authority of Congress about two of the three last couple of Board. Let’s face it, what happens is itself, not the authority of the Con- years, but actually that is a move in the National Labor Relations Board gress and the administration combined. the right direction. That is a move for has three members from the Presi- We are at a point where there is a transparency and openness and letting dent’s political party and two from the heavy hand in the administration, and all different sides have their comments other side. So when you have a Demo- that will have a drastic effect on busi- before they issue a final rule rather cratic President in, then NLRB gets at- ness in this country. And if business than doing it through adjudication. tacked by Republicans. When a Repub- fails, there will be less employees, not There was this quote about John lican President is in, it gets attacked more. Kennedy about a 30-day waiting period. by Democrats, and it becomes kind of a Mr. HARKIN. Mr. President, how Well, I don’t know, I have not looked political football. I understand that, much time do have I remaining? at then-Senator Kennedy’s entire and we should all understand that is The PRESIDING OFFICER. The ma- record. I suppose there are some things what this is too. That is what this is jority has 36 minutes 25 seconds. I might agree with him on and some all about. Mr. HARKIN. Mr. President, we are things I probably would not agree with I was just notified that a Statement going to have a lot of time to flush out him on. I don’t know what his thought of Administration Policy, SAP, from some of these arguments again tomor- processes were. All I can tell you is the administration just came through. row when the vote gets near, but I that no matter what he said at that It said even if this vote were held and thought I might pick up on a couple of time as a Senator, the final bill did not the other side won—if it was voted to things here that my good friend from have a waiting period. The Senate put overrule the NLRB—the President Wyoming said. We do a lot of work to- it in, the House did not, and when it would veto it. And, surely, no one gether, and he is a great Senator and a went to conference, they dropped it. So thinks there is a two-thirds vote here good friend of mine. He just happens to I think the rejection of that proposed to override the President’s veto on this be wrong on this issue, but other than amendment could be more reasonably issue. We are kind of wasting our time that, he is a good friend of mine. This understood as an indication that Con- here. It is sort of another political shot is a good, healthy debate on policy. gress did not believe a minimum time when there are so many important There is a lot of talk about these am- between petition and election is nec- things we should be talking about in bush elections. Now we are going to essary. terms of jobs, job creation, the econ- have ambush elections. Well, that is Sure, you can quote Kennedy, and I omy, fair taxation, keeping our jobs not so. The current median time from guess I can quote President Dwight D. from going overseas, education, job re- when a petition is filed and when the Eisenhower, and here is what he said: training, and yet we are spending our time talking about this. Well, be that election occurs is about 37 to 38 days. Only a fool would try to deprive working Again, I heard from my friend saying men and women of the right to join a union as it may, the facts are on the side that this could be ambush elections, and all of their choice. this rule is eminently reasonable, fair, and I think will lead to a more predict- that kind of stuff. Even one of the Na- Well, we better not try to prevent able and less litigious and less con- tion’s largest management-side law them from joining a union of their flicting process when people want to firm disagrees. One of the attorneys choice. I have also heard this charge that form a union in this country. from Jackson Lewis told the Wall As I said, 90 percent of the time we Street Journal that he thinks the time somehow these rules tilt this more in favor of the unions than management. don’t have these problems. But for would be shaved between 19 and 23 days those 10 percent, it can be devastating, under the proposal. No, they don’t. Again, we have mostly been talking here about the certifi- and it can thwart individual workers Mr. Trauger, vice president of the who want to form a union. So I am cation process. When union organizers National Association of Manufacturers, hopeful we can have a little bit more get the signatures, they file with said the elections would be held in 20 to debate on this. I hope the vote tomor- NLRB and we have an NLRB process. 25 days under the new rule. So that is row will be conclusive and that we will Basically that is what we are talking not an ambush election at all. All this turn this down and move ahead with about here. But I would point out to rule does is remove these extra legal more important business confronting my friend on the other side of the aisle hurdles that can cause excessive this country. delays. that these procedures we are talking I yield the floor. We keep hearing about rulemaking, about also apply to decertification The PRESIDING OFFICER. The Sen- and saying: Well, this board has only elections as well. So since the same ator from Wyoming. issued three of these rules in the past rules will apply to decertification elec- Mr. ENZI. Mr. President, we are hav- 75 years, two of these rules in the last tions, the proposed rule will ensure ing an interesting duel of statistics couple of years. It makes it sound as that employees who have union rep- here, because to take care of the 10 per- though the NLRB has ridden off the resentation will be able to have a time- cent that the Senator from Iowa says range here in terms of reasonableness. ly up-or-down vote to also get rid of has a problem, we will turn the other But the fact is that when the board the union. So, to me, it is both. It is 90 percent on their head. It also doesn’t promulgated rules in the past, they did both on the certification and the decer- surprise me that the President has put it through the adjudicative process, tification side. It makes for things to out a Statement of Administration not through rulemaking. be much more expeditious, much clear- Policy, a SAP. I always thought those The Supreme Court and the U.S. er, and more understandable. That is were pretty aptly named, but not sur- Courts of Appeal have criticized the why I think many management firms prised my resolution would be opposed. board in the past for underutilizing its and businesses see this as a reasonable As I explained, this is a regulation rulemaking authority. Courts have rule because when they would try to written by the administration so I

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.030 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2575 would expect the administration would a hearing, and develop evidence. Many scope of preelection hearings while not like and would veto it. There has employers, especially small ones, will limiting the rights of a party to been only been one Congressional re- be unable to provide a reasonable re- preelection appeals. view action that has succeeded and sponse so quickly, leading them to I believe this misguided rule under- that was regarding the rule on agree to a stipulated election. There is mines the basic fairness in the rep- ergonomics. And what happened was not anything in this provision that resentation election process. It limits the Department of Labor rushed gives any protection for the person in the amount of information received by through a 50-day regulation, and then the middle class running a small busi- employees regarding the impact of we had a change of Presidents and the ness and trying to keep his business unionization on their workplace. The new President didn’t like it, so he was afloat. There used to be some protec- rule also significantly restricts the willing to sign the Congressional Re- tions, but this new regulation—and, ability of employers to educate their view Act resolution of disapproval. again, agencies do write a lot of rules, employees and to share their perspec- This is not a waste of time. This is an but they don’t write ones of this sig- tive. important action. It is to warn agen- nificance—is only the third time it has I believe this causes harm to work- cies and boards that the ones that been done by the National Labor Rela- ers. The decision on whether to join or make the laws are Congress, and we tions Board. It was done in a hurry-up form a union is a very important deci- delegate that rulemaking authority, situation. Two out of the three were sion for workers. Employment deci- and it was delegated to the administra- done by this administration. One of sions directly affect an individual’s tion of the National Labor Relations those has already been set aside by the ability to support their family, to pay Board, and they are abusing their au- courts. That is not a very good record. their bills, and to sustain their liveli- thority. Now we are trying to do this one on a hood. Workers deserve to have all the What has changed? Well, there is the hurry-up basis. I think there ought to information needed to make a well-in- pre-election hearing. In the new rule it be more consideration for it. formed decision. says: ‘‘A pre-election hearing is solely Part of the role of Congress is to take In order to seriously consider their to determine whether a question of rep- a look at what the administration is options, employees must have the op- resentation exists.’’ The important doing with their regulations, which we portunity to hear from both sides on question, such as which employee ultimately give them the authority to the implications of unionization. The should be included in the bargaining do, to see if they are being done prop- ambush election rule, in my opinion, unit or the eligibility of an employee, erly. So this is just a major part of the attempts to quickly rush employees won’t be heard prior to an election. need for oversight. Thankfully, there is through the union election process, A hearing officer may unilaterally bar tes- a process whereby we can get the right without giving those employees the timony or evidence he or she deems not rel- to debate this oversight. That is what full picture and a clear understanding evant to a question raised at a pre-election we are doing at this point. of the issues. hearing—under this new regulation. I yield the floor to Senator BARRASSO I have great concerns about what I The effect? for such time as he needs. believe is a disregarding of employer A hearing officer will have wide latitude to The PRESIDING OFFICER. The Sen- input. The ambush election rule dis- prohibit certain evidence introduced at a ator from Wyoming. regards the rights of small businesses pre-election hearing, even if such evidence is Mr. BARRASSO. Mr. President, I rise and employers across this country. The undisputed or stipulated, essentially leading in support of my colleague from Wyo- new rule is attempting to silence em- to the conclusion that an election is proper. ming and the excellent work he is ployers from discussing vital informa- Under the new rule: doing and continues to do, as well as tion with their employees about union- Parties are prohibited from seeking a re- the leadership he continues to provide ization and the impact on their lives view of a regional director’s decision and di- for all the Senate and certainly for the and on their jobs. Under the new rule, rection of an election by the Board. All people of Wyoming. He is the captain of employers would have a very limited issues to review would be heard after an elec- our team. I agree with him and wish to amount of time to share their views, to tion. Parties could seek a pre-election appeal associate myself with the remarks of provide counterarguments, and to ex- if the issue would otherwise escape Board re- the Senator from Wyoming and express plain what unionization would mean in view. my concerns about the new ambush the workplace. Employers should be al- The effect? election rule issued by the National lowed time to fully explain the infor- Parties with a legitimate legal bar to an Labor Relations Board. mation to their employees. Ultimately, election will be forced to run an unnecessary The National Labor Relations Board I believe the purpose of the recently re- election. An unintended consequence is that is the Federal agency charged with leased rule is to leave employers unan employer would have to commit an unfair conducting labor elections and inves- labor practice in order to have their issues able to effectively communicate with reviewed by the full Board. tigating unfair labor practice charges. workers about important workplace The appointed members of this board issues. The Board is infringing upon If you ask me, that is a pretty high are meant to help facilitate a level the free speech rights of the employers. bar they are putting in there. The new playing field in the private sector I believe this new rule prevents em- rule says: workplace. Unfortunately, recent ac- ployers from getting counsel. In this The 25-day waiting period between the di- tions have demonstrated that the tough economic environment, small rection of the election and election date is board is much more interested, in my business owners are facing an incred- eliminated. opinion, in pursuing regulatory ible amount of pressure and responsi- The impact? changes that favor unions. They should bility. Job creators are working hard The 25 days allowed parties to digest and be focused on ensuring that workers to ensure their products and services understand the parameters of the regional are able to make informed decisions are competitive. They are working to director’s decision to direct an election, and for the Board to rule on the parties’ requests about their place of employment, not find available markets for their goods for the review of the decision. on showing favoritism. and services. They are trying to deal Although not included in the Final Rule, Let’s take a look at the ambush elec- with the financial health of their busi- the Board originally proposed that a pre- tion rule. On December 22 of last year, nesses. election hearing will occur 7 days after the the National Labor Relations Board Many small business owners are un- filing of a petition absent special cir- issued a new rule. The new rule greatly aware of the complicated Federal laws cumstances. shortens the time period between the they must adhere to during the union The effect? It forces employers to filing of a petition for union represen- election process. Due to the variety of scramble to retain counsel. Again, we tation and when that election is held. competing priorities and limited re- are talking about small businessmen Under the current rules, most union sources, small businesses all across here. There is no limit on how small of elections take place within about 38 this country often don’t employ a business you can organize in this. It days. Under the new rules, the time inhouse legal counsel or human re- forces employers to scramble to retain could be cut almost in half. The am- source professionals familiar with counsel, develop a strategy, prepare for bush election rule also narrows the unionization laws. Under the new rule,

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.032 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2576 CONGRESSIONAL RECORD — SENATE April 23, 2012 however, the time constraints will our small businesses to hire people dom, 60 Plus Association, Eagle Forum, In- make it even more difficult for them to around the country. Businesses are al- stitute for Liberty, Center for Freedom and find appropriate counsel, to consult on ready having trouble keeping track of Prosperity, Independent Women’s Voice, the issues, and to prepare for the elec- all the changing rules and trying to Americans for Prosperity, Let Freedom Ring, Center for Individual Freedom, tion process. Employers will be scram- abide by all the new requirements they ConservativeHQ.com, Less Government, Na- bling to find a labor attorney or a face on almost a daily basis. The only tional Center for Public Policy Research, human resource professional to help certainty being offered to the job cre- Citizens for the Republic, The James Madi- explain their rights and to ensure that ators in the United States is that the son Institute, Heritage Action for America, their actions are permissible under cur- Obama administration is going to con- The Club for Growth, The American Conserv- rent law. As a result, many employers tinue to change the rules of the game ative Union, National Taxpayers Union, The will be left at risk for unintentionally on businesses to meet its own agenda. Committee for Justice. violating certain Federal labor laws or The ambush election rule is the exact ADDITIONAL SUPPORT (SIGNATORIES OF CDW silenced. type of regulatory change that makes LETTER) The National Labor Relations Board employers nervous and reluctant to ex- National Organization (119): 60 Plus Asso- should not be forcing employers to pre- pand their businesses, to create new ciation, Aeronautical Repair Station Asso- emptively analyze Federal labor laws ciation, Agricultural Retailers Association, jobs, to hire and put people back to AIADA, American International Automobile and figure out how best to commu- work. This Federal Government should Dealers Association, Air Conditioning Con- nicate their views of unionization in be focused on giving employers sta- tractors of America, American Apparel & case a union petition happens to pop bility, predictability, and opportuni- Footwear Association, American Bakers As- up. Job creators should be focusing ties for growth instead of stacking the sociation, American Concrete Pressure Pipe their scarce time and resources on deck, as we see it, in favor of labor Association, American Council of Engineer- managing and growing their busi- unions. ing Companies, American Feed Industry As- nesses, on trying to put Americans I come to the floor, as I know my col- sociation, American Fire Sprinkler Associa- back to work at a time of over 8 per- tion, American Foundry Society, American leagues will as well, in a call to action Frozen Food Institute, American Hospital cent unemployment. to employ the Congressional Review Association, American Hotel and Lodging I view this whole new rule as unnec- Act. Under the Congressional Review Association, American Meat Institute, essary. There is no reason for the new Act, Congress is able to overturn the American Nursery & Landscape Association, rule. The median timeframe for union ambush election rule by passing a reso- American Organization of Nurse Executives, elections has been 38 days from the fil- lution of disapproval. I am proud to be American Pipeline Contractors Association, ing of the petition. About 91 percent of an original cosponsor of S.J. Res. 36, American Rental Association, American Seniors Housing Association, American Soci- all the elections held in 2011 occurred introduced by Senator ENZI. The reso- ety for Healthcare Human Resources Admin- within 56 days. These numbers indicate lution of disapproval rescinds the new the petitions and elections are handled, istration, American Society of Employers, union election rule issued by the Na- American Staffing Association, American and have been handled, in a timely tional Labor Relations Board. Unless Supply Association, American Trucking As- manner. Furthermore, the current Congress takes action, the new rule is sociations, American Wholesale Marketers election procedures are not impeding scheduled to take effect on April 30 of Association, AMT—The Association For the ability of unions to win the rep- this year—just the end of this month. I Manufacturing Technology, Assisted Living resentation elections. According to the call upon the Senate to pass S.J. Res. Federation of America, Association of Mill- National Labor Relations Board’s own 36 and prevent this dangerous rule from work Distributors, Associated Builders and Contractors, Associated Equipment Distribu- statistics, unions won about 71 percent silencing employers and hindering the of elections held in 2011. tors, Associated General Contractors of ability of American workers to make America, Association of Equipment Manu- When I take a look at what is hap- informed decisions. facturers, Automotive Aftermarket Industry pening with the National Labor Rela- I thank the Chair, and I yield the Association, Brick Industry Association, tions Board, what comes to mind are floor. Building Owners and Managers Association the recent recess appointments made The PRESIDING OFFICER. The Sen- (BOMA) International, Center for Individual by the President. This new rule we are ator from Wyoming. Freedom. facing and discussing is not the first Mr. ENZI. Mr. President, I ask unani- time the Obama administration has at- mous consent to have several letters of CHAMBER OF COMMERCE tempted to use the NLRB to pursue the OF THE UNITED STATES OF AMERICA, support printed in the RECORD, along Washington, DC, February 16, 2012. union’s agenda. The administration with a list of 18 organizations that sup- TO THE MEMBERS OF THE UNITED STATES continues to take actions and push port the resolution. SENATE: The U.S. Chamber of Commerce, the through policies that are unwise and There being no objection, the mate- world’s largest business federation rep- even, in my opinion, unconstitutional, rial was ordered to be printed in the resenting the interests of more than three in order to do the bidding of unions. RECORD, as follows: million businesses and organizations of every size, sector, and region, urges you to support In an action that was both unprece- CONGRESSIONAL REVIEW ACT (S.J. RES. 36) and co-sponsor S.J. Res. 36, a resolution of dented and unconstitutional, President DISAPPROVAL OF NLRB AMBUSH ELECTION disapproval that would repeal recent revi- Obama recess appointed three new RULE members to the National Labor Rela- sions the National Labor Relations Board SUPPORT LETTERS (17) (NLRB or Board) made to regulations gov- tions Board during a pro forma session Associated Builders and Contractors, Asso- erning union representation elections. of this Senate. President Obama ap- ciated General Contractors of America, Asso- These regulations replace a process that, pointed three individuals. The nomina- ciation of Equipment Manufacturers, Coali- in the vast majority of cases, worked fairly tions of two of them, Sharon Block and tion for a Democratic Workplace, U.S. and efficiently. In fiscal year 2010, the aver- Richard Griffin, were sent to the Sen- Chamber of Commerce, Food Marketing In- age time for union representation elections ate only a few days before the pro stitute, H.R. Policy Association, National was just 38 days, with more than 95 percent forma session began. As a result, the Association of Home Builders, National As- of all elections occurring within 56 days. sociation of Manufacturers, National Asso- However, rather than look at targeted solu- Senate had no opportunity—none at ciation of Wholesaler-Distributors, National tions for the small percentage of cases that all—to hold hearings or debate the Council of Chain Restaurants, National Fed- take too long, the Board made sweeping nominees. President Obama completely eration of Independent Business, National changes that will apply to all elections. disregarded the constitutional require- Grocers Association, National Retail Federa- While the substantive regulations adopted ment of advice and consent for execu- tion, National Restaurant Association, Na- by the NLRB are detailed and complex, the tive nominees. The appointments were tional Roofing Contractors Association, Re- end result is that election time will likely a heavy-handed effort by this adminis- tail Industry Leaders Association. decrease significantly at the expense of im- tration to curry favor, in my opinion, Conservative and Free Market Groups: portant due process and free speech rights. American Commitment, Americans for Tax The simple fact is that employees deserve a with the unions. Reform, Alliance for Worker Freedom, Com- fair campaign period to hear from all sides I come to the floor as someone who petitive Enterprise Institute, and employers deserve an opportunity to has talked at great length about the WorkPlaceChoice.org, Taxpayers Protection have critical election-related questions set- impact of regulations and how they Alliance, Frontiers of Freedom, The Heart- tled before an election occurs. Organized make it harder and more expensive for land Institute, Ohioans for Workplace Free- labor has long sought to radically reduce or

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.033 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2577 even eliminate this campaign period, which day period before any election was a nec- national, Center for Individual Freedom, was precisely the goal of the ‘‘card check’’ essary ‘‘safeguard against rushing employees Center for the Defense of Free Enterprise Ac- provisions of the deceptively named ‘‘Em- into an election where they are unfamiliar tion Fund, Coalition of Franchisee Associa- ployee Free Choice Act’’ (EFCA). Congress with the issues.’’ Senator Kennedy stated tions, College and University Professional was right to reject EFCA and it should like- ‘‘there should be at least a 30-day interval Association for Human Resources, Consumer wise reject the NLRB’s new election regula- between the request for an election and the Electronics Association, Council for Employ- tions. holding of the election’’ and he opposed an ment Law Equity, Custom Electronic Design Due to the critical importance of this issue amendment that failed to provide ‘‘at least & Installation Association, Environmental to the business community, the Chamber 30 days in which both parties can present Industry Associations, Fashion Accessories strongly urges you to support and co-sponsor their viewpoints.’’ Shippers Association, Federation of Amer- S.J. Res. 36. The current election time frames are not ican Hospitals, Food Marketing Institute, Sincerely, only reasonable, but permit employees time Forging Industry Association, Franchise R. BRUCE JOSTEN, to hear from both the union and the em- Management Advisory Council, Heating, Air- Executive Vice President, ployer and make an informed decision, which Conditioning and Refrigeration Distributors Government Affairs. would not be possible under the ambush elec- International, HR Policy Association, INDA, tion rule. In fact, in other situations involv- Association of the Nonwoven Fabrics Indus- APRIL 16, 2012. ing ‘‘group’’ employee issues, Congress re- try, Independent Electrical Contractors, In- DEAR SENATOR: On behalf of millions of job quires that employees be given at least 45 dustrial Fasteners Institute, Institute for a creators concerned with mounting threats to days to review relevant information in order Drug-Free Workplace. the basic tenets of free enterprise, the Coali- to make a ‘‘knowing and voluntary’’ decision Interlocking Concrete Pavement Institute, tion for a Democratic Workplace urges you (this is required under the Older Workers International Association of Refrigerated to support S. J. Res. 36, which provides for Benefit Protection Act when employees Warehouses, International Council of Shop- congressional disapproval and nullification evaluate whether to sign an age discrimina- ping Centers, International Foodservice Dis- of the National Labor Relations Board’s tion release in the context of a program of- tributors Association, International Fran- (NLRB or Board) rule related to representa- fered to a group or class of employees). chise Association, International Warehouse tion election procedures. This ‘‘ambush’’ Under the rule’s time frames, employers, Logistics Association, Kitchen Cabinet Man- election rule is nothing more than the particularly small ones, will not have ufacturers Association, Metals Service Cen- Board’s attempt to placate organized labor enough time to secure legal counsel, let ter Institute, Modular Building Institute, by effectively denying employees’ access to alone an opportunity to speak with employ- Motor & Equipment Manufacturers Associa- critical information about unions and strip- ees about union representation or respond to tion, NAHAD—The Association for Hose & ping employers of free speech and due proc- promises made by union organizers, even Accessories Distribution, National Apart- ess rights. The rule poses a threat to both though many of those promises may be comment Association, National Armored Car As- employees and employers. Please vote in pletely unrealistic. Given that union orga- sociation, National Association of Chemical favor of S. J. Res. 36 when it comes to the nizers typically lobby employees for months Distributors, National Association of Con- Senate floor next week. outside the workplace without an employer’s venience Stores, National Association of The Coalition for a Democratic Workplace, knowledge, these ‘‘ambush’’ elections would Electrical Distributors, National Association a group of more than 600 organizations, has often result in employees’ receiving only of Manufacturers, National Association of been united in its opposition to the so-called half the story. They would hear promises of Wholesaler-Distributors, National Auto- ‘‘Employee Free Choice Act’’ (EFCA) and raises and benefits that unions have no way mobile Dealers Association, National Club EFCA alternatives that pose a similar threat of guaranteeing, without an opportunity for Association, National Council of Chain Res- to workers, businesses and the U.S. econ- the employer to explain its position and the taurants, National Council of Farmer Co- omy. Thanks to the bipartisan group of possible inaccuracies put forward by the operatives, National Council of Investigators elected officials who stood firm against this union. and Security, National Council of Security damaging legislation, the threat of EFCA is For these reasons, we urge you to support and Security Services, National Council of less immediate this Congress. Politically S.J. Res. 36 and Congress to pass this much Textile Organizations, National Federation powerful labor unions, other EFCA sup- needed resolution. If left unchecked, the ac- of Independent Business, National porters and their allies in government are tions of the NLRB will fuel economic uncer- Franchisee Association, National Grocers not backing down, however. Having failed to tainty and have serious negative ramifica- Association, National Lumber and Building achieve their goals through legislation, they tions for millions of employers, U.S. workers Material Dealers Association, National Ma- are now coordinating with the Board and the they have hired or would like to hire, and rine Distributors Association, Inc., National Department of Labor (DOL) in what appears consumers. Mining Association, National Multi Housing to be an all-out attack on job-creators and The Coalition for a Democratic Workplace Council. employees in an effort to enact EFCA and National Organization (119): 60 Plus As- National Pest Management Association, through administrative rulings and regula- sociation, Aeronautical Repair Station Asso- National Ready Mixed Concrete Association, tions. ciation, Agricultural Retailers Association, National Retail Federation, National Roof- On June 21, 2011, the Board proposed its AIADA, American International Automobile ing Contractors Association, National ambush election rule, which was designed to Dealers Association, Air Conditioning Con- School Transportation Association, National significantly speed up the existing union tractors of America, American Apparel & Small Business Association, National Solid election process and limit employer partici- Footwear Association, American Bakers As- Wastes Management Association, National pation in elections. At the time, Board Mem- sociation, American Concrete Pressure Pipe Stone, Sand & Gravel Association, National ber Hayes warned that ‘‘the proposed rules Association, American Council of Engineer- Systems Contractors Association, National will (1) shorten the time between filing of ing Companies, American Feed Industry As- Tank Truck Carriers, National Tooling and the petition and the election date, and (2) sociation, American Fire Sprinkler Associa- Machining Association, National Utility substantially limit the opportunity for full tion, American Foundry Society, American Contractors Association, North American evidentiary hearing or Board review on con- Frozen Food Institute, American Hospital Die Casting Association, North American tested issues involving, among other things, Association, American Hotel and Lodging Equipment Dealers Association, North- appropriate unit, voter eligibility, and elec- Association, American Meat Institute, eastern Retail Lumber Association, Outdoor tion misconduct.’’ Hayes noted the effect American Nursery & Landscape Association, Power Equipment and Engine Service Asso- would be to ‘‘stifle debate on matters that American Organization of Nurse Executives, ciation, Inc., Plastics Industry Trade Asso- demand it.’’ The Board published a final rule American Pipeline Contractors Association, ciation, Precision Machined Products Asso- on December 22, 2011, with an April 30, 2012 American Rental Association, American ciation, Precision Metalforming Association, effective date. While it somewhat modified Seniors Housing Association, American Soci- Printing Industries of America, Professional the original proposal, the final rule is iden- ety for Healthcare Human Resources Admin- Beauty Association, Retail Industry Leaders tical in purpose and similar in effect. istration, American Society of Employers, Association, Snack Food Association, Soci- The NLRB’s own statistics reveal the aver- American Staffing Association, American ety for Human Resource Management, SPI: age time from petition to election was 31 Supply Association. The Plastics Industry Trade Association, days, with over 90% of elections occurring American Trucking Associations, Amer- Textile Care Allied Trades Association, Tex- within 56 days. There is no indication that ican Wholesale Marketers Association, tile Rental Services Association, Truck Congress intended a shorter election time AMT—The Association For Manufacturing Renting & Leasing Association, U.S. Cham- frame, and indeed, based on the legislative Technology, Assisted Living Federation of ber of Commerce, United Motorcoach Asso- history of the 1959 amendments to the Na- America, Association of Millwork Distribu- ciation, Western Growers Association. tional Labor Relations Act, it is clear Con- tors, Associated Builders and Contractors, State and Local Organizations (60): Arkan- gress believed that an election period of at Associated Equipment Distributors, Associ- sas State Chamber of Commerce, Associated least 30 days was necessary to adequately as- ated General Contractors of America, Asso- Builders and Contractors, Inc. Central Flor- sure employees the ‘‘fullest freedom’’ in ex- ciation of Equipment Manufacturers, Auto- ida Chapter, Associated Builders and Con- ercising their right to choose whether they motive Aftermarket Industry Association, tractors, Inc. Central Pennsylvania Chapter. wish to be represented by a union. As then Brick Industry Association, Building Owners Associated Builders and Contractors, Inc. Senator John F. Kennedy Jr. explained, a 30– and Managers Association (BOMA) Inter- Chesapeake Shores Chapter, Associated

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.029 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2578 CONGRESSIONAL RECORD — SENATE April 23, 2012 Builders and Contractors, Inc. Connecticut preciate your resolution of disapproval to pursued a dizzying array of regulations and Chapter, Associated Builders and Contrac- nullify this rule. decisions designed to force workers into tors, Inc. Cumberland Valley Chapter, Asso- Despite Congress refusing to pass card unions against their will. ciated Builders and Contractors, Inc. Dela- check legislation, it seems clear that the The NLRB suffered a setback this week ware Chapter, Associated Builders and Con- NLRB is intent on implementing card check when a district court struck down its rule tractors, Inc. Eastern Pennsylvania Chapter, by regulation. The Board’s rule on ‘‘ambush’’ forcing employers to display posters in the Associated Builders and Contractors, Inc. elections will significantly undermine an workplace touting the benefits of unioniza- Florida East Coast Chapter, Associated employer’s opportunity to learn of and re- tion. Next week it could be dealt an even big- Builders and Contractors, Inc. Florida Gulf spond to union organization by reducing the ger blow if just a handful of Senate Demo- Coast Chapter, Associated Builders and Con- so-called ‘‘critical period’’ from petition-fil- crats stand up for the economic interests of tractors, Inc. Georgia Chapter, Associated ing to election, from the current average their constituents and the basic constitu- Builders and Contractors, Inc. Greater Hous- time of 31 days to as few as 10–21 days. NFIB tional principle that the people’s elected rep- ton Chapter, Associated Builders and Con- believes that employee informed choice will resentatives should make the laws in this tractors, Inc. Hawaii Chapter, Associated be compromised because the shortened time country. Builders and Contractors, Inc. Heart of frame will have business owners scrambling The vote is on Senator Mike Enzi’s (R–WY) America Chapter, Associated Builders and to obtain legal counsel, and they will have Congressional Review Act (CRA) resolution Contractors, Inc. Indiana Chapter, Associ- hardly any time to talk to their employees. of disapproval, S.J. Res 36, which would sim- ated Builders and Contractors, Inc. Inland This shortened time frame will hit small ply overturn the NLRB’s ambush elections Pacific Chapter, Associated Builders and businesses particularly hard, since small em- rule, which allows union organizers to spring Contractors, Inc. Iowa Chapter, Associated ployers usually lack labor relations exper- elections on employers and workers. Because Builders and Contractors, Inc. Keystone tise and in-house legal departments. of the CRA’s special procedures, the resolu- Chapter, Associated Builders and Contrac- With the proposed ‘‘ambush’’ election rule, tion cannot be filibustered and therefore tors, Inc. Massachusetts Chapter, Associated the NLRB has demonstrated that it has little needs just 51 votes to pass. All but two Re- Builders and Contractors, Inc. Michigan understanding or concern for the unique de- publicans—Lisa Murkowski (R–AK) and Chapter, Associated Builders and Contrac- mands that these actions would place on Scott Brown (R–MA)—are cosponsors, but tors, Inc. Mississippi Chapter, Associated small business. It is always a challenge for not a single Democrat has signed onto the Builders and Contractors, Inc. Nevada Chap- small business owners to stay updated with resolution. ter, Associated Builders and Contractors, new regulations and labor laws, especially in The ambush rule at issue was forced Inc. New Orleans/Bayou Chapter, Associated the current economic environment. NFIB’s through the NLRB on a 2–to–1 party-line Builders and Contractors, Inc. Ohio Valley monthly economic surveys indicate that the vote late last year, just before infamous Chapter, Associated Builders and Contrac- small business economy is still at recession union lawyer Craig Becker’s recess appoint- tors, Inc. Oklahoma Chapter, Associated levels, and nearly 20 percent of small busi- ment to the board expired. It could be the Builders and Contractors, Inc. Pacific North- ness owners surveyed indicate that economic last action of the NLRB that will have legal west Chapter, Associated Builders and Con- and political uncertainty is their number force for some time, because after Becker ex- tractors, Inc. Pelican Chapter, Associated one concern. Unfortunately, the pro-union pired at the end of the year, the board lacked Builders and Contractors, Inc. Rhode Island actions of the NLRB will only create more Chapter, Associated Builders and Contrac- the quorum necessary to make decisions and uncertainty for small business owners at a tors, Inc. Rocky Mountain Chapter, Associ- issue rules. (Obama tried to re-establish a time when the country needs them to be created Builders and Contractors, Inc. South quorum by non-recess-appointing another ating more jobs. East Texas Chapter, Associated Builders and radical union lawyer, Richard Griffin, among Thank you for introducing this legislation Contractors, Inc. Virginia Chapter, Associ- others, but those appointments should be to help America’s small businesses. I look ated Builders and Contractors, Inc. Western found invalid in court.) forward to working with you to protect Michigan Chapter, Associated Builders and The ambush rule is a prime example of the small business as the 112th Congress moves Contractors, Inc. Western Washington Chap- NLRB advancing an element of legislation forward. ter, Associated Builders and Contractors, already rejected by Congress and putting the Sincerely, Inc. North Alabama Chapter. interests of labor bosses above those of work- Associated Industries of Arkansas, Associ- SUSAN ECKERLY, ers. After the first version of card check that ated Industries of Massachusetts, CA/NV/AZ Senior Vice President, Public Policy. eliminated private ballot elections entirely Automotive Wholesalers Association Mr. ENZI. I also ask unanimous con- crashed into a wall of public opposition, a re- (CAWA), California Delivery Association, sent to have printed in the RECORD an vamped version of the legislation retained Capital Associated Industries (NC), Employ- article by Phil Kerpen in the Daily elections but allowed union organizers to ers Coalition of North Carolina, First Pri- catch workers and employers by surprise Caller entitled ‘‘Will any Senate Demo- with ambush elections. That version also ority Trailways (MD), Garden Grove Cham- crat stand up to Obama’s NLRB?’’ ber of Commerce, Georgia Chamber of Com- failed in Congress, but the NLRB is pre- merce, GO Riteway Transportation Group There being no objection, the mate- tending it passed and moving forward just (WI), Greater Columbia Chamber of Com- rial was ordered to be printed in the the same. merce (SC), Greater Reading Chamber of RECORD, as follows: The current average period before an elec- Commerce & Industry (PA), Kansas Chamber [From the Daily Caller, Apr. 19, 2012] tion after a union files a petition is 38 days. This gives both the union and management of Commerce, Little Rock Regional Chamber WILL ANY SENATE DEMOCRAT STAND UPTO an opportunity to explain the facts and en- of Commerce (AR), London Road Rental Cen- OBAMA’S NLRB? ter (MN), Long Beach Area Chamber of Com- sure workers understand the high stakes in a merce, Minnesota Grocers Association, Mon- (By Phil Kerpen) representation election. The new rule will tana Chamber of Commerce, Nebraska With the spectacle of Senate Budget Chair- shorten it to as little as 10 days and elimi- Chamber of Commerce & Industry, Nevada man Kent Conrad being forced to back down nate procedural safeguards employers cur- Manufacturers Association, New Jersey Food on actually offering a budget, it’s clearer rently have to make sure union elections are Council, New Jersey Motor Truck Associa- than ever that Senate Democrats are pur- duly authorized and eligible workers are tion, North Carolina Chamber, Northern Lib- suing a deliberate strategy of doing nothing, properly defined before an election takes erty Alliance (MN), Ohio Chamber of Com- blocking House-passed bills and giving Presi- place. merce, Texas Hospital Association. dent Obama a free hand to use regulators NLRB Chairman Mark Pearce has indi- and bureaucrats to push his agenda forward. cated that if the rule stands he intends to go NATIONAL FEDERATION OF The Senate has already failed to stand up to much further. ‘‘We keep our eye on the INDEPENDENT BUSINESS, the EPA’s back-door cap-and-trade energy prize,’’ Pearce said in January, promising to Washington, DC, February 27, 2012. taxes and the FCC’s self-created legally dubi- force employers to make confidential em- Hon. MICHAEL ENZI, ous power to regulate the Internet. Next ployee information, including phone num- Ranking Member, U.S. Senate, Committee on week we’ll find out if there are any Senate bers and email addresses, available to union Health, Education, Labor and Pensions Democrats willing to stand up to the NLRB organizers. That would potentially expose (HELP), Washington, DC. bureaucrats who are imposing the failed workers to harassment, intimidation or even DEAR RANKING MEMBER ENZI: On behalf of card-check legislation in bite-size pieces via violence. the National Federation of Independent bureaucratic decree. The vote on S.J. Res 36 will give the Sen- Business (NFIB), the nation’s leading small The NLRB is giving the EPA a run for our ate an opportunity to exercise its constitu- business advocacy organization, I am writing money in the race to see which agency can tional duty under Article I, Section 1 and in support of S.J. Res. 36, a resolution of dis- cause the most damage to our free-market stop the usurpation of legislative power by approval in response to the National Labor economy. Not only did the NLRB infamously unaccountable federal bureaucrats at the Relation Board’s (NLRB) rule related to sue Boeing for opening a new plant in a NLRB. Unfortunately, it appears likely that ‘‘ambush’’ elections. The ambush election right-to-work state, it is now suing the state once again Democratic senators will find it rule significantly alters the pre-election of Arizona to overturn the state’s constitu- more convenient to obstruct and allow the labor union process in ways that would par- tional guarantee of secret ballot protections Obama administration a free hand to govern ticularly harm small businesses, and we ap- in union organizing elections. It has also by regulation.

VerDate Mar 15 2010 04:55 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.031 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2579 Voters should watch next week’s vote with The PRESIDING OFFICER. All time slab was in use. It was under review by this question in mind: If my senator will not has been yielded back. OSHA. It had been under review for 5 do the job of legislating, shouldn’t I elect f years before the L’Ambiance collapse. someone who will? In 1994, years after L’Ambiance, it was VIOLENCE AGAINST WOMEN REAU- Ms. COLLINS. Mr. President, I rise prohibited unless certain conditions THORIZATION ACT OF 2011—MO- today to speak in favor of Senate Joint were met. If that standard had been in TION TO PROCEED Resolution 36, which would reject the effect on this day 25 years ago, 28 lives National Labor Relations Board’s, The PRESIDING OFFICER. Under would have been saved. NLRB, rule on representation proce- the previous order, the Senate will re- This morning I was in Bridgeport for dures, the so-called ‘‘ambush election’’ sume consideration of the motion to that ceremony with many of the fami- rule. I am pleased to be an original co- proceed to S. 1925. lies who must live with the tragedies of sponsor of this important legislation, Mr. BARRASSO. Mr. President, I their loved ones having perished need- introduced by Senator ENZI with 44 co- suggest the absence of a quorum. lessly and tragically on this date. sponsors. The PRESIDING OFFICER. The There were speeches. There was a bell- On December 22, 2011, the NLRB fi- clerk will call the roll. ringing ceremony. There were tributes nalized new regulations, which will be- The bill clerk proceeded to call the not only to the workers and their fami- come effective on April 30, 2012, signifi- roll. lies but also to their brothers and sis- cantly limiting the time for holding Mr. BLUMENTHAL. Mr. President, I ters who searched with a ferocity and union representation elections. This ask unanimous consent that the order determination in the hours and days change would result in employees mak- for the quorum call be rescinded. for their remains after it became clear ing the critical decision about whether The PRESIDING OFFICER. Without they could not be rescued. But none of or not to form a union in as little as 10 objection, it is so ordered. today’s ceremonies or any of the other days. Mr. BLUMENTHAL. Mr. President, I Back in 1959, then-Senator John F. ask unanimous consent that I be per- ceremonies in the past 25 years can Kennedy explained that ‘‘the 30-day mitted to speak as in morning busi- bring back those workers who perished waiting period [before a union election] ness. because lift-slab construction was used is an additional safeguard against rush- The PRESIDING OFFICER. Without on that site. And when the upper story ing employees into an election where objection, it is so ordered. fell first, all of the bottom stories col- they are unfamiliar with the issues . . . TRAGEDY AT L’AMBIANCE PLAZA lapsed as well, meaning that those who there should be at least a 30-day inter- Mr. BLUMENTHAL. Mr. President, worked under that top story could not val between the request for an election on this day, almost exactly at this be saved. and the holding of the election’’ to pro- hour, 25 years ago in Bridgeport, CT, Eventually, when OSHA adopted the vide ‘‘at least 30 days in which both the L’Ambiance Plaza became a scene standard to be applied to lift-slab con- parties can present their viewpoints.’’ I of devastation and destruction and struction, it said no one could work agree with our former President and death. Almost every year in these 25 under that top story when it was put in Senator. An expedited timeframe years we have commemorated that de- place. OSHA, in short, recognized the would limit the opportunity of employ- struction and tragedy with a cere- hazards of lift-slab construction well ers to express their views, and leave mony. We did the same this morning in before L’Ambiance collapsed, and its employees with insufficient informa- Bridgeport. We went first to the site inaction over the process of adopting tion to make an informed decision. and then to city hall and then to lay a those regulations—the 8.7 years it took According to the NLRB, in 2011 union wreath at the memorial for the 28 to adopt the standard—contributed sig- representation elections were held on workers who were killed on this day 25 nificantly to the collapse that occurred average within 38 days. That is already years ago. L’Ambiance is ground zero 25 years ago to this day. below the NLRB’s stated target of 42 for worker safety. I wish I could say OSHA has learned days. Therefore, this begs the question I rise today to talk about all who from this horrific incident at of why yet another regulation is even have been injured or lost their lives be- L’Ambiance. I wish I could say the necessary. cause of unsafe work conditions. standard setting that is so necessary to Businesses, our nation’s job creators L’Ambiance Plaza was a tragedy, but be achieved promptly and effectively and the engine of any lasting economic it was not the result of human error, it now is done routinely. Unfortunately, growth, have been saying for some was the result of an employer cutting the contrary seems to be true. time that the lack of jobs is largely corners to put profits above safety. It I wish to thank Senator HARKIN, the due to a climate of uncertainty, most was an avoidable and preventable ca- chairman of the Senate Committee on notably the uncertainty and cost cre- tastrophe. Health, Education, Labor, and Pen- ated by new federal regulations. One of the tasks we have as public of- sions, for a hearing last week that illu- This ambush election rule will par- ficials is to ensure basic safety for our minated so dramatically how much ticularly negatively affect small busi- citizens, particularly for workers who work there is still to be done. nesses. Small business owners often leave their homes in the morning hop- The GAO has done a study showing lack the resources and legal expertise ing for nothing more than to come that average length of time to com- to navigate and understand complex home at night to their families, put plete these standards is more than 7 labor processes within such a short food on the table and a roof over the years. That figure takes into account time frame. In our current economy, it heads of their children. Those 28 work- the standards set since 1981 to the year is critical that we do everything pos- ers who perished on this day 25 years 2000. The final number of regulations sible to advance policies that promote ago wanted nothing more than those published by OSHA has declined every U.S. economic growth and jobs. simple opportunities that should be decade since the 1980s. While 24 final The Joint Resolution of Disapproval guaranteed in the United States of standards were published in the 1980s, will not change current law. It simply America, the greatest Nation in the only 10 final standards were published will protect employers and employees history of the world. between 2000 and 2010. by allowing them to conduct represen- In protecting workplace safety, we Workers are still at risk because reg- tation elections in the same manner have an agency called the Occupational ulations are delayed for years. One ex- that has been done for decades. Safety and Health Administration, ample is that the dangerous health ef- The NLRB’s goal should be to ensure known as OSHA. It is charged by this fects resulting from the inhalation of fair elections and a level playing field Congress and every Congress since its silica dust, found in common sand, for all. creation with setting standards and have been widely known for many Mr. ENZI. Unless there is further de- providing for enforcement of those years. Silica dust has been classified as bate, I yield back the balance of our standards so as to ensure basic safety a carcinogen to humans by the U.S. time for today. for workers when they leave home National Toxicology Program. It is a Mr. HARKIN. Mr. President, this side every day and go to their jobs. known cause of lung cancer and sili- yields back the balance of our time for In Bridgeport, at L’Ambiance, a tech- cosis, an often fatal disease. Yet, de- today as well. nique of construction known as lift spite the scientific evidence and the

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.034 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2580 CONGRESSIONAL RECORD — SENATE April 23, 2012 hazards associated with silica dust, its I look forward to working with my ply isn’t enough time before we make use on worksites across the country is colleagues on these measures and oth- such a drastic and far-reaching change. ineffectively regulated by inadequate ers, and I hope the memory of those 28 We should not rush prematurely to 5- OSHA standards, and those standards workers who were killed 25 years ago day service. have been on the books since 1972. on this day will inspire and move us to I urge support for my amendment to Preventing the dangers of silica is take action as quickly and effectively protect jobs, to strengthen the com- simple and easy. Employers simply as possible. But each year others are petitiveness of the Postal Service, and must ensure that when cutting mate- added to that list in other sites in Con- to protect the millions of Americans rials, the blade must be wet to ensure necticut—49 last year alone—and who depend on that service. the silica dust is not airborne—simple around the country, hundreds in the Mr. President, I suggest the absence and easy solutions that can be achieved States of my colleagues in this body. of a quorum. by standards OSHA has a responsibility Let their memories also inspire us to The PRESIDING OFFICER. The to set. redouble our efforts to protect people clerk will call the roll. According to OSHA agency officials, in the workplaces around Connecticut The assistant legislative clerk pro- they began work on updating the effec- and the country. ceeded to call the roll. tive silica standards back in 1997, more Mr. President, I yield the floor. I sug- Mr. CORKER. Mr. President, I ask than 14 years ago. The most recent pro- gest the absence of a quorum. unanimous consent that the order for posal for a new silica standard was sub- The PRESIDING OFFICER (Mr. the quorum call be rescinded. mitted to OMB in February 2011. OMB COONS). The clerk will call the roll. The PRESIDING OFFICER. Without has been processing that draft for over The bill clerk proceeded to call the objection, it is so ordered. a year. In the meantime, workers are roll. Mr. CORKER. Mr. President, how put in danger, workers contract dis- Mr. UDALL of Mexico. Mr. President, much time do I have? I understand it ease, and workers are put at risk of I ask unanimous consent that the order might be 10, 15 minutes. fatal disease. These lengthy delays are for the quorum call be rescinded. The PRESIDING OFFICER. The time simply unacceptable. As the The PRESIDING OFFICER. Without is not controlled. L’Ambiance tragedy demonstrates, objection, it is so ordered. Mr. CORKER. Mr. President, I rise standards delayed is safety denied. Mr. UDALL of New Mexico. I ask today to speak about amendment No. Workers and their families suffer real- unanimous consent to speak for 10 min- 2083, which I am offering to the bill life consequences when the Federal utes as in morning business. that is before us. Government fails to implement effec- The PRESIDING OFFICER. Without I think all of us know the U.S. Postal tive standards to protect people in objection, it is so ordered. Service is absolutely not sustainable in their workplaces. OSHA itself esti- POSTAL REFORM its current form. Mail volume has mates that up to 60 worker deaths per Mr. UDALL of New Mexico. Mr. greatly declined over the past decade year could be prevented by strength- President, I rise today in support of my and will continue to do so over the ening the silica regulation and other amendment to strike section 208 from next decade. The U.S. Postal Service regulations from 1972. Yet the new rule the postal reform bill. Section 208 has known this for a long time. They continues to be delayed by procedural would authorize the U.S. Postal Serv- knew that mail volume was declining and political roadblocks. ice to move to 5-day delivery service and that the market for their products There is still work to be done, and I within 2 years. was changing. But the economic crisis hope we will make progress, under Sen- The U.S. Postal Service faces signifi- made things far worse than they could ator HARKIN’s leadership, on an OSHA cant financial problems. Changes must imagine. rule making standards more effective be made for the Postal Service to ad- Now the Postal Service is on the edge and more easily adopted. of financial ruin. But we didn’t get There are a number of simple and just to a digital world. The budgetary here only because of the economic cri- easy steps that can be adopted. Expe- concerns are very real—we all know sis; it is because the U.S. Postal Serv- diting approval of safety standards is this—but an imminent reduction in one of them. Despite a general con- service to 5 days a week is not the an- ice’s business model is fundamentally sensus within industries on permissible swer. No. 1, a shift to 5-day service broken. The USPS lost $5.1 billion in exposure limits—that is, PELs—to dan- could result in the loss of up to 80,000 this last fiscal year and $3.3 billion in gerous chemicals, OSHA rules for hun- jobs nationally. Is this the time to be the first quarter of the current year. I dreds of those chemicals haven’t been proposing 80,000 layoffs? No. 2, 5-day know some have tried to blame the re- updated for nearly four decades. OSHA service would undercut a market ad- quirement that the USPS prefund their should direct and Congress should di- vantage the U.S. Postal Service cur- retirement health benefits for the rect OSHA to update obsolete PELs to rently has over its competitors. No. 3, USPS’s financial losses. But the fact is reflect consensus among industries, ex- especially in rural America, many of that these recent losses are not due to perts, and reputable national and inter- our businesses and most vulnerable the prefunding requirement because national organizations. citizens depend on 6-day postal deliv- Congress has allowed the USPS to Easier court approval also must be ery. Newspapers, advertisers, pharmacy delay this last year’s payment. The enabled. The current standards for ju- delivery services, and senior citizens U.S. Postal Service has also nearly dicial review are a major factor in ef- all could be hurt by the loss of Satur- reached its statutory borrowing limit. fecting the timeline of OSHA’s stand- day service. Faced with this situation, it is abun- ard-setting process. The existing ‘‘sub- Last week I met with the community dantly clear that the USPS must make stantial evidence’’ standard requiring of Mule Creek in New Mexico. Mule radical changes in its existing infra- that OSHA research all industrial proc- Creek is small and rural. Folks there structure and business model. Again, esses associated with the issue being told me that they have no cell phone USPS should have, could have, and in- regulated is disproportionately burden- service, no high-speed Internet. They deed has wanted to begin making these some when compared to the require- depend on their post office. It is the changes to its outdated, excessive in- ments placed upon other Federal agen- lifeline, the center of their commu- frastructure, but Congress—all of us cies, and the standards should be re- nity—and not just 5 days a week. For here or at least some of us here have evaluated. many working people, Saturday is the blocked these attempts. We should give Finally, deadlines for timelines for only day they can sign for packages, the USPS the flexibility to meet these standard setting should be adopted, di- including for delivery of prescription challenges and make business decisions rected by the Congress, to minimize drugs. on how to deal with the paradigm shift the time it takes OSHA to issue occu- I know some of my colleagues believe in their primary market rather than pational safety and health standards. moving to 5-day service is necessary further limiting their ability to adapt. Experts and agency officials agree that because of the Postal Service’s finan- My amendment to S. 1789 gives the statutory timelines for issuing stand- cial problems, but we need to give the U.S. Postal Service greater flexibility ards should be imposed by Congress changes we are making in the bill a in three primary areas: facilities and and enforced by the courts. chance to take effect. Two years sim- service, pricing, and labor.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.040 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2581 On facilities and service, it allows the Postal Service must have the flexi- America, whether they are a big mail- the U.S. Postal Service to continue bility to change the size and makeup of er, a small mailer, a residence or a closing post offices using the existing its workforce as needed. business, and what the impact ulti- procedures for post office closures— Second, this amendment eliminates a mately will be on postal revenue. Let they already exist—instead of creating provision in existing law that requires us first discuss the issue of 6-day deliv- further barriers to closure, which this fringe benefits for Postal Service emery. bill does. These procedures are well ployees be at least as good as those There are a lot of different views on thought out and give ample opportuni- that existed in 1971. These benefits rep- this issue. Senator CORKER has pre- ties for public comment and appeal. resent a huge portion of fixed labor sented one, as has Senator MCCAIN, of It also allows the Postal Service to costs which currently place a major moving immediately to 5-day delivery. proceed with its proposed change in de- burden on Postal Service operations. On the other hand, there are Members livery service standards—something it Eliminating this provision will give who have filed amendments who want has proposed—which is a key compo- the Postal Service more options in con- to prevent the Postal Service from ever nent of its 5-year plan of profitability. tract negotiation rather than moving to 5-day delivery. Here is what This amendment also allows the hamstringing them. is in our bill. Postal Service to immediately imple- My amendment is a balanced ap- Our bill recognizes the Postal Service ment 5-day delivery, if it chooses—a proach that strives to give the U.S. should, if possible, avoid deep cuts in move the U.S. Postal Service believes Postal Service maximum flexibility in its service. Certainly, eliminating 1 may save nearly $2 billion a year. The multiple areas as they work toward fi- day a week of delivery is a deep cut in underlying bill, on the other hand, re- nancial stability. Here is the best part. the service it is providing. It recog- quires a 2-year delay and further study According to CBO—which just con- nizes, however, that if the Postal Serv- of this issue, which the Postal Service tacted us today—this bill saves $21 bil- ice cannot wring out the excessive cost already knows needs to happen. Mr. lion for the Postal Service over the that is in its current system, it may President, we don’t need a study to tell next decade. Let me say that one more have no choice but to eliminate Satur- us what we already know. The Postal time. CBO has just contacted us. The day delivery in order to become sol- Service needs flexibility in its delivery Postal Service is now in tremendous fi- vent. schedule. nancial straits, and we have a bill be- What we do is allow a 2-year period A number of interested parties, in- fore us that hamstrings them and during which time the Postal Service cluding the Postal Service and the keeps them from doing the things we would implement the many cost-saving President of the United States—the all know if this were a real business we provisions in our bill, including a President—support moving to a 5-day would allow to happen. My amendment workforce reduction of 18 percent— delivery. Furthermore, my amendment gives them the flexibility to do the which is about 100,000 employees— allows the Postal Service to close proc- things the Postal Service needs to do through compassionate means, such as essing and distribution centers, some- and that most every American under- buyouts and retirement incentives, and thing the Postal Service has identified stands they need to do and the amend- then have the GAO and the PRC—the as needed action for nearly a decade. ment saves $21 billion over the next 10 Postal Regulatory Commission—cer- On pricing, my amendment removes years. tify that despite undertaking all these the arbitrary CPI-based cap put in It is my understanding, by the way, cost-saving moves, it is not possible for place by the 2006 Postal Accountability there is no attempt to offset the cost of the Postal Service to return to sol- and Enhancement Act. Put simply, this this bill over the next 10 years. vency without this deep service cut. gives the Postal Service more flexi- In conclusion, it is clear the Postal But to move immediately to elimi- bility to adjust their prices as markets Service must make drastic changes, nating Saturday delivery would come change. and I applaud those portions of S. 1789 at a real cost and it may not be nec- Current law and S. 1789 actually that allow the USPS greater flexi- essary. It may not be necessary at all. mandate the Postal Service provide bility. But there are far too many pro- I would also point out the experts in some services at a loss. It is unbeliev- visions in the underlying bill that this area are the members of the Postal able the calls we have been receiving in would put more restrictions on the Regulatory Commission. The experts our office that basically point to the U.S. Postal Service, not fewer, and are not at CBO. The experts are the tremendous corporate welfare that is limit the organization’s ability to regulators of the Postal Service—the in existence—people calling me not adapt to changing times and so I urge PRC. When the PRC examined the wanting these changes because it af- support of my amendment. issue of eliminating Saturday delivery, fects their business. A congressional I thank the Chair for his time, and I here is what it found. First of all, it mandate that the U.S. Postal Service suggest the absence of a quorum. found the potential savings were far provide certain services without cov- The PRESIDING OFFICER. The less than the Postal Service estimated. ering their costs makes very little clerk will call the roll. In fact, they were half as much as the sense. The assistant legislative clerk pro- Postal Service estimated. Please note, this would not allow the ceeded to call the roll. Second, they found that eliminating Postal Service to arbitrarily raise Ms. COLLINS. Mr. President, I ask Saturday delivery put rural America, rates at will. They would still be sub- unanimous consent that the order for in particular, at a disadvantage be- ject to Postal Regulatory Commis- the quorum call be rescinded. cause rural America often does not sion—the PRC—regulation. The PRESIDING OFFICER. Without have access to broadband, to Internet Finally, on labor, my amendment objection, it is so ordered. services, and to alternative delivery gives the Postal Service greater flexi- Ms. COLLINS. Mr. President, it pains systems. So the PRC, which looked at bility to reduce its workforce as needed me greatly to disagree with my friend this issue very carefully and issued a and negotiate contracts that make and colleague from Tennessee, with report, found the savings were less by sense for its financial situation. Since whom I have a great friendship and half and the consequences were far labor costs make up approximately 80 great respect, but what he is essen- more severe for rural America. percent of the Postal Service’s cost tially offering comes pretty close to a Saturday delivery also gives the structure, it is clear that any good- complete substitute for the provisions Postal Service itself a competitive ad- faith postal reform proposal must in- in our bill, and I wish to go through the vantage over nonpostal alternatives. If clude labor reform. provisions to make sure our colleagues we are here trying to save the Postal First, it prohibits the inclusion of a understand fully what the choices are Service, why would we jeopardize an no-layoff clause—and let me underline that are presented by Senator CORKER’s asset the Postal Service has that its this—in future collective bargaining amendment. competitors do not? That is why we agreements. It does not alter CBAs cur- First, let me say I do strongly oppose came up with this carefully crafted rently in place that contain these his amendment because of the impact I compromise on this issue. clauses. This is only for future clauses. believe it would have on postal cus- I believe cutting Saturday delivery As mail volume continues to decline, tomers, whether they are in rural should be the last resort, not the first

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.042 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2582 CONGRESSIONAL RECORD — SENATE April 23, 2012 option, because it will inevitably drive the bill to protect overnight delivery it does too much. I think we have hit away customers. That is one reason the within certain delivery areas. We have the right common-ground spot. And I American Newspaper Association is so recently learned that the Postal Serv- repeat what I said earlier in the day: opposed to doing away with Saturday ice’s own preliminary analysis, sub- There is some due process in this. We delivery. It is one reason many of the mitted confidentially in secret to its don’t allow for what might be called mail order pharmaceutical companies regulators at the PRC, reveals that its shock therapy for the Postal Service are so opposed, because many seniors service reduction plan to slow mail de- because we don’t think it will work, depend on receiving their vital medica- livery and shut down postal plants will and we think it would have the net ef- tions through the mail. lead to more than a 9-percent decrease fect of diminishing the revenues of the Again, we have said if there are no in first-class mail and a 7.7-percent re- Postal Service by cutting business. other alternatives, this measure could duction in all classes of mail. But here is the report we received proceed. But I can’t imagine any large In this preliminary estimate the today from the U.S. Postal Service business operating this way—cutting Postal Service said the first-year losses itself, just to indicate to my friend service first. My colleagues often talk alone would be $5.2 billion; that the from Tennessee and others who may be about how important it is to let the Postal Service would lose if we proceed following the debate. Postal Service act like a ‘‘real busi- with this plan. Now that those numbers This substitute bill of ours, S. 1789, is ness.’’ But this is the last thing a real have become public, the Postal Service not just fluff. The Postal Service itself business would do. Real businesses is backpeddling and criticizing its own estimates that over the coming 3 years; know their most valuable asset is their estimates. But those are the estimates that is, by 2016 fiscal year, our bill, if customer base. Businesses do literally that are in its own survey that was enacted, will enable the Postal Service everything else before slashing service filed with the PRC. to save $19 billion annually. They were and raising prices or anything else that They don’t surprise me because they hoping for $20 billion, but $19 billion is might alienate or drive away their re- are consistent with what I am hearing pretty close. I think we have done it maining customers, and they do not do from major postal customers, and once without the dislocation to the millions this out of the goodness of their hearts those customers turn to other commu- of people in our society who depend on but because they understand what nications options and leave the mail the mail and depend on mailing indus- drives their bottom line. system they will not be coming back, tries for their jobs, as well as the hun- The fact is, if more customers leave revenue will plummet, and the Postal dreds of thousands of people who work the Postal Service, the revenue will Service will be sucked further into a for the Postal Service, 18 percent of plummet. Again, reducing service— death spiral. whom we hope will receive incentives eliminating Saturday delivery—should There are many other comments I that will be adequate for them to think be the last resort, not the first option. could make about the amendment of- about retirement. That is exactly what our bill does. fered by the Senator from Tennessee. I But this is a bill that creates a tran- The Senator’s amendment would also think his amendment essentially con- sition that will keep the Postal Service repeal the CPI link to postal rates. I stitutes a substitute to the bill that is alive—and we think even healthier— am at a loss as to why the Senator before us in that it makes so many fun- without the kind of sudden jolts the would propose that. Eliminating that damental changes. I believe it would be amendment offered by my friend from protection, that orderly system, would devastating for the Postal Service; Tennessee would impose. be devastating for many mailers. that it would cause large and small So I would respectfully oppose the Again, mailers need predictable, mailers to leave the Postal Service, Corker amendment, and I yield the steady, stable rates. setting off the death spiral from which floor. Think of a catalog company that the Postal Service might never re- The PRESIDING OFFICER. The Sen- prints its catalogs so many months in cover. ator from Hawaii. advance. It now can count on what the The PRESIDING OFFICER. The Sen- HONORING OUR ARMED FORCES postal rates are going to be. Under the ator from Tennessee. Mr. AKAKA. Mr. President, before I amendment of the Senator from Ten- Mr. CORKER. Mr. President, just 20 discuss my pending amendment to the nessee that stability, that predict- seconds, not to rebut anything that has Postal Service reform bill, I would like ability would be gone. been said. to take a moment to honor four brave The reason in 2006 that we rewrote I think the Senator from Maine and I soldiers based out of Schofield Bar- the rate-setting system was that it had have a very different view about the racks from Hawaii who died in a heli- been an extremely litigious, time-con- ways to solve the post office issues. copter crash in Afghanistan on Thurs- suming system. Both the mailers and But I just want to thank her for her day. They made the ultimate sacrifice the Postal Service hated the system tone. I want to thank the Senator from in service to our country, and we will that we had prior to 2006. Both agreed Connecticut, too, for the way they con- never forget them. at the time that it was important to tinue to work together to try to My thoughts and prayers, and I know have stability and predictability in produce legislation in this body. So I the thoughts and prayers of many oth- rates and to have a system that didn’t thank them both for being the way ers in Hawaii and others across the involve this very expensive, litigious they are. They are two of the Senators United States, are with their families rate-setting system. So we went to the I admire most here. I thank them. tonight. We honor and thank them and CPI link system so we could have sta- I have a very different point of view are so sorry for their loss. ble, predictable, and transparent pric- on this issue, but I thank them for the Mr. President, I rise to discuss my ing increases. way they continually work together to amendment No. 2034 regarding Federal This amendment repeals the section try to solve problems. I look forward to workers’ compensation, which is co- of the current law on rate setting that continuing to work with them on this sponsored by nine Senators, including mailers have repeatedly testified is the issue. Senators INOUYE, HARKIN, MURRAY, heart of the 2006 reforms and some- The PRESIDING OFFICER. The Sen- FRANKEN, LEAHY, SHAHEEN, KERRY, thing they need if they are to continue ator from Connecticut. LAUTENBERG, and BROWN of Ohio. to use the Postal Service. That is why Mr. LIEBERMAN. Mr. President, I I have serious concerns with the pro- the mailers, the largest customers of just want to say briefly, thanks to my visions of the postal reform bill that the Postal Service, are such strong friend from Tennessee not just for his would make changes to the Federal supporters of the predictable system kind words, which mean a lot to me, workers’ compensation program, that we put in place in 2006. but for coming to the floor to discuss known as FECA, not just within the Let me turn to another issue. There his amendment. Postal Service but across the entire is so much I could say on all of these, There are different points of view government. but I can see a lot of Members have about this issue. I think, as I said very These provisions would cut benefits come to the floor. simplistically at the beginning of the to elderly disabled employees and The Senator’s amendment would also debate, some think our bipartisan com- eliminate a supplement for dependents. eliminate the standards we put into mittee bill does too little. Some think Many who are already injured would

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.044 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2583 have their benefits cut retroactively. at the Department of Labor, the Ac- in workers’ comp payments, the Postal This is particularly unfair because countability Office, and the adminis- Service is the largest program partici- most employees affected by these far- tration that will save taxpayers pant, providing over one-third of the reaching cuts are not even Postal Serv- money. program’s budget. These changes are ice employees. Many are Defense and My amendment would also update supported by the leaders at the Postal State Department employees injured benefit levels for funeral costs and dis- Service. The amendment would block supporting missions overseas, Federal figurement that have not been in- desperately needed reforms to a pro- law enforcement officers, and fire- creased since 1949, and it would protect gram that has not been updated in over fighters injured saving lives or prison civilian employees serving in dan- 35 years. guards attacked by inmates. gerous areas, such as Iraq and Afghani- Let me talk a little bit about the Sponsors of this bill argue that stan, by giving them more time to file structure of benefits in the program changes to workers compensation must a claim and making sure injuries from and why there is a problem. Under the be included in this legislation to place terrorism are covered even if the em- current program, a worker who has de- the Postal Service on a sound financial ployee is off duty. pendents and is out on workers’ comp footing. However, the fact is that the Everyone understands the Postal receives a payment at the rate of 75 changes would have very little effect Service is in the midst of a serious fi- percent of his preinjury salary, and on the Postal Service’s deficit. Accord- nancial crisis that must be addressed. these benefits are tax free. Currently, ing to the Congressional Budget Office, Chairman LIEBERMAN and Ranking more than 70 percent of beneficiaries these changes would actually cost the Member COLLINS have done a great job are receiving compensation at that Postal Service an additional $21 mil- in bringing this on. However, breaking level. lion in the first 3 years. our promises to injured Federal em- In addition to that, it is important to Any changes to benefits for those in- ployees to save the Postal Service just understand that 75-percent tax-free jured in service to their country should a tiny fraction of its deficit I believe is benefit rate is higher than that paid by be done in a careful, comprehensive wrong. I urge my colleagues to support any comparable State workers’ com- manner. There are complex issues that my amendment. pensation system and, given our cur- deserve more analysis before we simply The PRESIDING OFFICER. The Sen- rent Tax Code, 75 percent of salary tax free is equivalent, for most people, to a cut benefits people have planned for ator from Maine. full salary after taxes. and depend on. Ms. COLLINS. Mr. President, I have We do want to make sure we have a At a hearing I held last July wit- the greatest respect for the Senator workers’ comp program that takes care nesses raised serious concerns with re- from Hawaii. I know he cares deeply of our injured workers that is compas- ducing FECA benefits, especially at the about this issue. But it is simply time sionate, that helps them recover and retirement age. They testified that dis- for us to reform the Federal workers’ return to work. But the current pro- abled employees may not be able to compensation program for postal work- gram of the Federal Government does save enough in time for a reduction in ers and for other Federal workers. For this reason, I oppose his amendment not accomplish those roles. income because they missed out on First of all, it does not encourage in- because it does not begin to solve the wage growth, Social Security, and the jured workers to get the help they need problems that have been repeatedly Thrift Savings Plan. Because of this to recover and to return to work, as documented in the program by the in- disadvantage, the Federal Government, these statistics will demonstrate. spectors general at the Postal Service, like most States, provides benefits that Right now, the program, across the last as long as the injury, even if that at the Department of Labor, by GAO, board, Federal and postal workers, has is past the normal retirement age. and by the Obama administration, 10,000 beneficiaries age 70 or older, 2,000 At the request of a bipartisan group which has called for many of the re- of whom are postal employees. They of members from the House Committee forms we have incorporated into this are receiving higher payments on on Education and Workforce, the Gov- bill. Senator AKAKA’s amendment workers’ comp than they would under ernment Accountability Office is cur- takes on only very minor reforms the standard retirement program. That rently reviewing both pre- and post- which are already included in the bill. is almost one-quarter of all bene- retirement-age FECA benefits to deter- It does not even attempt to constrain ficiaries in the program who are over mine fair benefit amounts. Acting on the rapidly growing costs of the pro- age 70. Of the beneficiaries, 430 of them this proposal now without waiting for gram, and it truly does nothing to ef- are over age 90, and 6 of the workers’ GAO’s analysis is irresponsible. As a fectively combat the fraud in the pro- comp beneficiaries are age 100 or older. result, we may set benefit levels too gram. These employees are not going back to low, seriously harming disabled em- Let me start with some background work. If they were still working, it ployees, or too high, taking funding to show the growing, the escalating would be a miracle. They would be re- away from other priorities. cost of the Federal workers’ compensa- tired. It is not fair to postal and Fed- We must be extremely cautious not tion system. From 1997 to 2009, the pro- eral employees who work their entire to make arbitrary cuts to benefits that gram’s costs grew by an astonishing $1 lives, retire at age 60 or 65, and receive could have serious detrimental effects billion, as this chart shows. That was a a retirement benefit that is 26 percent on elderly disabled employees. 52-percent increase in program expend- lower than the median benefit received Last November, the House passed a itures. It is one of the reasons why by workers’ compensation recipients. Republican-led bipartisan FECA re- President Obama’s administration has That is unfair. That means people who form bill, H.R. 2465, by voice vote. The submitted changes to this program remain on workers’ comp make more bipartisan sponsors of this bill chose over and over. Our bill, according to money than if they had continued not to make any changes to benefits the CBO, would reduce the program’s working and much more than they without more information on appro- outlays for workers’ comp by $1.2 bil- would make in the retirement systems priate benefit levels. I believe their ac- lion over the next 10 years. for Federal and postal workers. tions were correct, and the Senate I note the Obama administration sup- I wish to make sure that as we re- should enact similar legislation by ports across-the-board reforms, just as form the system, we are fair. One of passing my amendment. we have put in our bill. It makes no the major reforms is to move people at My amendment would strike the gov- sense to have one system for postal age 65 from workers’ comp to the nor- ernment-wide FECA provisions in this workers and one system for Federal mal retirement system, but we have bill and replace them with the House- employees when they all participate in exempted from these reforms those passed FECA reform bill, which makes the same program now. The Postal who are least able to prepare for it, a number of commonsense reforms that Service, however, makes up more than those who are totally disabled and un- will improve program efficiency and in- 40 percent of all workers’ comp cases able to return to work, and those who tegrity without reducing benefits. for the Government, and the number of are age 65 and over. I think that is a Among other things, my amendment postal employees on the long-term very fair approach. contains program integrity measures rolls has increased by 62 percent since Another protection we have included recommended by the inspector general 2009. Paying more than $1 billion a year for those current claimants who would

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Again, the reforms we similar to most State programs, allows tion we need to decide on fair benefit have included in our bill closely track injured workers to continue receiving levels and should wait for the more ex- the reforms proposed by President compensation as long as the injury tensive GAO study now underway. Obama’s administration. lasts, even if that is past normal retire- Breaking our promises to injured fed- Finally, let me just say this program ment age. This is necessary because eral employees to save the Postal Serv- has proven to be highly vulnerable to disabled workers on FECA do not earn ice a tiny fraction of its deficit is not fraud. GAO reported as recently as No- Social Security credit and cannot par- the solution. My amendment 2034 offers vember that the vulnerabilities in the ticipate in the Thrift Savings Plan, and a reasonable alternative by replacing program increase the risk of claimants they miss out on normal wage growth. the FECA provisions in this bill with receiving benefits they are not entitled We must make them whole for their in- the bipartisan FECA reform bill that to. There are many reasons for that. I juries by making up for lost wages and passed the House by voice vote last will go into that further at another their inability to save for retirement. year. The House chose not to make time. But the Department of Labor in- It is simply not the case that workers benefit cuts without the additional inspector general reported that the re- of retirement age who still receive formation they sought from GAO, and moval of a single fraudulent claim FECA benefits are somehow scamming we should follow their lead. saves, on average, between $300,000 and the system. This amendment would make com- $500,000. What is more, these vulnera- The PRESIDING OFFICER. The Sen- monsense reforms that will improve bilities are not new and they are not ator is notified the Senate is under a program efficiency and integrity with- rare. When the IG looked at 10,000 previous order to move to executive out reducing benefits and I urge my claimant files one decade ago, there session at 5 p.m. colleagues to support it. I wish to say the chairman of our were irregularities in almost 75 percent Does the Senator seek more time to committee, JOE LIEBERMAN, and the of them, and it resulted in benefits conclude his remarks? ranking member have worked hard at being reduced or ended for more than Mr. AKAKA. Mr. President, I will this, and my whole effort is to deal 50 claimants. wrap up. with many of the workers of the Fed- This is a troubled program. It needs The PRESIDING OFFICER. Without eral Government who are not in the to be reformed. It needs to be made objection, it is so ordered. Postal Service as well. I ask that my more fair. It needs to be more fair to Mr. AKAKA. In fact, in 1974, Congress amendment be considered. individual workers. There needs to be repealed an earlier statute to allow a reduction at age 70. Congress cited con- I yield the floor. more of a focus on return to work, and The PRESIDING OFFICER. The Sen- cerns about the hardship the reduc- it needs to be more fair to workers who ator from Connecticut. spend their entire careers working for tions caused on senior citizens as well Mr. LIEBERMAN. Mr. President, I the Postal Service or the Federal Gov- as concerns about age discrimination ask unanimous consent for just three ernment and then retire and receive a when repealing the past less severe moments to speak on this amendment. far lower benefit than an elderly indi- version of this legislation. No matter a The PRESIDING OFFICER. Without vidual who remains on workers’ comp. person’s age, they have every right to objection, it is so ordered. I urge the defeat of the amendment. that benefit. Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. The Sen- I agree that we should be taking a wish to thank Senator AKAKA for com- ator from Hawaii. closer look at ways to prevent fraud ing to the floor and speaking on behalf Mr. AKAKA. Mr. President, I would and abuse in this program, but reduc- of his amendment. He is one of the like to address a number of statements ing benefits for people at retirement most hard-working, constructive mem- my good friend Senator COLLINS has age has nothing to do with reducing bers of our committee, the committee made about the FECA provisions in fraud. My amendment allows the De- from which the underlying bill has this bill. partment of Labor to obtain wage data come. He is one of the finest people I First, it has been argued these from the Social Security Administra- have ever met. I have the greatest ad- changes are necessary to save the Post- tion—this will help prevent fraud. miration and affection for him. al Service money. However, since most It has been argued that these cuts So unlike Senator COLLINS, it is with employees affected by these cuts are bring the FECA program more in line some reluctance that I must say I op- not postal employees, the savings ex- with the state programs. However, pose this amendment. I will speak very pected from these changes would have most state programs have no benefit briefly since Senator COLLINS has spo- very little effect on the Postal Serv- reductions for recipients at retirement ken well on it. ice’s deficit. In fact, according to CBO, age. In fact, 33 state programs do not I think the current system goes be- these changes would actually cost the reduce benefits at any age. At our sub- yond taking care of those who need Postal Service an additional $21 mil- committee hearing last July, the mi- workers’ compensation, and it has lion in the first 3 years. nority requested witness stated that come to a point where it is unfair not In addition, it has been said on the these states seem to have no interest just to those who are paying for the floor that the FECA recipients over rein cutting benefits for senior citizens. system but to others who are working tirement age get 26 percent more in- Finally, proponents of these cuts in the Postal Service today. come than similar employees who work have emphasized repeatedly that these I thank Senator COLLINS. She has their entire career and retire under the provisions are very similar to an worked very hard and very thought- normal retirement systems. This sta- Obama administration proposal. This fully. The proposal she made turned tistic comes from a recent GAO report was actually a Bush administration out to be so balanced and constructive that looked at only a small sample of proposal that the Obama administra- that folks in the Obama administration nonpostal workers, eligible for CSCS tion simply kept in place. More impor- who had been working on a similar pro- retirement. tantly, this bill cuts benefits more posal for all Federal employees asked In fact, according to GAO, their re- deeply than that proposal, and most that we extend the workers’ compensa- cent report only examines 8 percent of concerning—unlike the administration tion reforms in the Postal Service bill the active Federal workforce and does proposal—this bill would apply reduc- to all Federal employees. Dare I call not even look at the Postal Service tions retroactively to many employees this a Collins-Obama proposal? I don’t workers. Cuts should not be made to who already have been injured. know. I just raised that prospect. FECA benefits until GAO completes a Moreover, the Department of Labor In any case, I support the underlying more comprehensive study, now under- has admitted that the changes to ben- bill in this regard and very respectfully

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.047 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2585 and affectionately oppose the Akaka outpatient-based treatment program of Republican objections to proceeding amendment. rather than to face prosecution. More more promptly. I yield the floor, and I thank the than 1,200 people have graduated from With nearly one in 10 judgeships Chair. the Jackson County drug court. More across the Nation vacant, the judicial f than 96 percent of those people were vacancy rate remains nearly twice conviction free 5 years after their grad- what it was at this point in the first EXECUTIVE SESSION uation. term of President George W. Bush As a prosecutor, Judge Wimes re- when we lowered vacancy rates more NOMINATION OF BRIAN C. WIMES ceived national honors, including being than twice as quickly. The Senate is 33 TO BE UNITED STATES DISTRICT named Rookie Prosecutor of the Year confirmations of circuit and district JUDGE FOR THE EASTERN AND during his first year in the Jackson court judges behind the number at this WESTERN DISTRICTS OF MIS- County prosecutor’s office. point in President Bush’s fourth year SOURI In 2002, he was honored as a member in office. We are also 66 confirmations of Ingram magazine’s 40 under Forty. from the total of 205 that we reached The PRESIDING OFFICER. Under In 2009, the Call Newspaper recognized by the end of President Bush’s fourth the previous order, the Senate will pro- him as one of the 25 most influential year. ceed to executive session to consider African Americans in Kansas City. As I noted earlier this month, the the following nomination which the He has been deeply involved in Big Federal judiciary has been forced to clerk will report. Brothers and Big Sisters and Hope operate with the heavy burden of 80 or The legislative clerk read the nomi- House Domestic Violence Shelter. He is more judicial vacancies for nearly nation of Brian C. Wimes, of Missouri, a member of St. Monica’s Catholic three years now. There are 22 judicial to be United States District Judge for Church. nominees on the Senate Executive Cal- the Eastern and Western Districts of In 2007, Judge Wimes was appointed endar ready for final consideration and Missouri. by my son Governor Matt Blunt to a vote, not just this one. Action on The PRESIDING OFFICER. Under serve on the 16th Judicial Circuit Court those 22 nominees would go a long way the previous order, there will be 30 of Jackson County, MO. If Matt Blunt toward easing the burden on the Fed- minutes of debate, equally divided and made any mistakes as Governor, this eral courts and ensuring that all Amer- controlled in the usual form. was not one of them. Judge Wimes has icans have Federal judges available so The PRESIDING OFFICER. The Sen- continued not only to serve on the that they can have the quality of jus- ator from Vermont. court but to serve on boards in Kansas tice that they deserve. Mr. LEAHY. Mr. President, I see the City for the Kansas City Youth Court, Some Senate Republicans seek to di- distinguished Senator from Missouri on which is affiliated with the UMKC vert attention by suggesting that these the floor, Mr. BLUNT. I know he has a School of Law as well as the Criminal longstanding vacancies are the Presi- Republican leadership meeting he Justice Advisory Board of the Penn dent’s fault for not sending us nomi- needs to get to. I yield such time as he Valley Community College in Kansas nees. The fact is that there are 22 out- needs on the Republican reserved time, City, the Mental Health Association of standing judicial nominees that can be with the understanding that when he the Heartland. confirmed right now, but who are being finishes, it will go back to me. I believe his experience makes him a stalled. Let us act on them. Let us vote The PRESIDING OFFICER. Without highly qualified judicial nominee, and them up or down. When my grand- objection, it is so ordered. he will serve the American people well children say they want more food be- The Senator from Missouri. in this job. I am supportive of him. fore they finish what is on their plate, Mr. BLUNT. Mr. President, I thank Mr. President, I have a statement on my answer is to urge them to finish the my good friend for yielding and for another matter that I also mentioned food already on their plate before ask- taking consideration of my schedule. to my friend from Vermont that I will ing for seconds or dessert. To those Re- I rise to support Judge Brian Wimes make while I am here, and I ask that it publicans that contend it is the White as the nominee for the Eastern and appear separately in the RECORD. House’s fault that they are not agree- Western Districts of Missouri. He spent The PRESIDING OFFICER. Without ing to proceed to consider the judicial his entire career working in the public objection, it is so ordered. nominees we do have more quickly, I sector. He has been involved in many (The remarks of Mr. BLUNT are print- say let us complete Senate action on groups and organizations dedicated to ed in today’s RECORD under ‘‘Morning these 22 judicial nominees ready for serving disadvantaged individuals. Business.’’) final action. There are more working He was born in Kansas City, MO. He The PRESIDING OFFICER. The Sen- their way through Committee, and the earned his bachelor’s degree in polit- ator from Vermont. Senate can act responsibly to help fill ical science from the University of Mr. LEAHY. Mr. President, regaining some of the most pressing vacancies Kansas. We don’t hold that against my time on this side, I appreciate the plaguing some of our busiest courts if him. He got his law degree from the Senator from Missouri speaking about we proceed to these nominations now. Thurgood Marshall School of Law at Brian Wimes. Today, the Senate will fi- For instance, the Ninth Circuit is by Texas Southern University in 1994. nally vote on the nomination of Brian far the busiest circuit in the country. When he graduated, he became the Wimes to fill a judicial vacancy in the The Senate has yet to vote on the long- attorney advisor for the litigation U.S. District Court for the Western and delayed nomination of Judge Jac- branch of the Federal Bureau of Pris- Eastern Districts of Missouri. This queline Nguyen of California to fill one ons at the Department of Justice here nomination has had the support of both of the judicial emergency vacancies in Washington. Judge Wimes rep- his home state Senators, Senator plaguing the Ninth Circuit. Hers was resented the Bureau in civil actions by MCCASKILL and Senator BLUNT. The one of the nominations ready to be inmates throughout the country. Judiciary Committee voted to report confirmed last year that will be de- In 1995, he left the Bureau and be- the nomination favorably over four layed five months before her confirma- came an assistant prosecuting attorney months ago. There is no justification tion to fill that judicial emergency va- for the Jackson County prosecutor’s of- for this unnecessary delay. cancy. Republicans have insisted that fice in Kansas City. The Senate is still so far this year her vote be delayed until next month. Beginning in 2001, Judge Wimes only considering judicial nominations There are two additional Ninth Circuit served as the Jackson County drug that could and should have been con- nominees to fill judicial emergency va- court commissioner for more than 5 firmed last year. We will conclude the cancies who are ready for final votes years. The drug courts in our State, first four months of this year having but for which Senate Republicans have and in other places, have served a good only considered judicial nominees who not agreed to schedule votes. Paul and integral role in combating drug should have been confirmed before Watford of California and Justice An- abuse. The drug court is a program recessing last December. We have yet drew Hurwitz of Arizona were both that offers nonviolent first-time of- to get to any of the nominees we voted favorably from the Senate Judi- fenders a chance to participate in an should be considering this year because ciary Committee earlier this year.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.050 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2586 CONGRESSIONAL RECORD — SENATE April 23, 2012 There is no good reason for delay. The Senator CLAIRE MCCASKILL and is also Jackson County, MO. He was appointed 61 million people served by the Ninth supported by Senator BLUNT. He and in 2007, and retained in the 2008 elec- Circuit are not served by this delay. his family have been waiting for this tion cycle. The Circuit is being forced to handle day since the Judiciary Committee in As a circuit court judge, Judge double the caseload of any other with- an overwhelming, bipartisan manner Wimes has presided over approximately out its full complement of judges. The voted to send his name to the Senate 29 criminal trials and 25 civil trials Senate should be expediting consider- on December 15th of last year. that have gone to judgment. From 2008 ation of the nominations of Judge Jac- Today’s vote is pursuant to the to 2009, Judge Wimes was assigned to queline Nguyen, Paul Watford, and agreement reached by the Majority the family court division and heard Justice Andrew Hurwitz, not delaying Leader and the Republican leader last over 500 domestic cases to judgment as them. month. To make real progress, how- well. The Chief Judge of the Ninth Circuit, ever, the Senate needs go beyond the A substantial majority of the ABA Judge Alex Kozinski, a Reagan ap- nominations included in that limited Standing Committee on the Federal pointee, along with the members of the agreement to include the other 16 judi- Judiciary gave him a unanimous rating Judicial Council of the Ninth Circuit, cial nominations currently before the of qualified. have written to the Senate empha- Senate for a final vote and the three Mr. President, I yield the floor and sizing the Ninth Circuit’s ‘‘desperate judicial nominees who should be re- suggest the absence of a quorum. need for judges,’’ urging the Senate to ported by the Judiciary Committee The PRESIDING OFFICER. The ‘‘act on judicial nominees without this week. Let us work in a bipartisan clerk will call the roll. delay,’’ and concluding ‘‘we fear that fashion to confirm these qualified judi- The assistant bill clerk proceeded to the public will suffer unless our vacan- cial nominees so that we can help al- call the roll. cies are filled very promptly.’’ The ju- leviate the judicial vacancy crisis and Mr. LEAHY. Mr. President, I ask dicial emergency vacancies on the so they can serve the American people. unanimous consent that the order for Ninth Circuit are harming litigants by Mr. GRASSLEY. Mr. President, this the quorum call be rescinded. creating unnecessary and costly afternoon we are considering the nomi- The PRESIDING OFFICER. Without delays. The Administrative Office of nation of Brian C. Wimes, of Missouri, objection, it is so ordered. to be United States District Judge for U.S. Courts reports that it takes nearly Mr. LEAHY. Mr. President, have the the Eastern and Western Districts of five months longer for the Ninth Cir- yeas and nays been ordered? Missouri. Again, we are moving for- cuit to issue an opinion after an appeal The PRESIDING OFFICER. They ward under the regular order and pro- is filed, compared to all other circuits. have not. cedures of the Senate. With today’s The Ninth Circuit’s backlog of pending Mr. LEAHY. Mr. President, I ask for nomination we will have confirmed 78 cases far exceeds other Federal courts. the yeas and nays on the nomination. As of September 2011, the Ninth Circuit judicial nominees during this Congress. The PRESIDING OFFICER. Is there a had 14,041 cases pending before it, more With the confirmations today, the Sen- sufficient second? than three times that of the next busi- ate will have confirmed more than 75 There appears to be a sufficient sec- est circuit. percent of President Obama’s judicial If caseloads were really a concern of nominations. I would note that in 3 ond. Republican Senators, as they con- years of President Obama’s term, we The question is, Will the Senate ad- tended last year when they filibustered will have confirmed four nominees as a vise and consent to the nomination of the nomination of Caitlin Halligan to District Judge in Missouri. This is the Brian C. Wimes, of Missouri, to be the D.C. Circuit, they would not be de- same number President Bush had con- United States District Judge for the laying the nominations to fill judicial firmed in his 8 years. Eastern and Western Districts of Mis- emergency vacancies in the Ninth Cir- Judge Wimes is a 1990 graduate of the souri? cuit. If caseloads were really a concern, University of Kansas. He received his The clerk will call the roll. Senate Republicans would consent to law degree in 1994 from Thurgood Mar- The assistant bill clerk called the move forward with all three of these shall School of Law, Texas Southern roll. Ninth Circuit nominees to allow for up University. Upon graduation from law Mr. DURBIN. I announce that the or down votes by the Senate without school, Judge Wimes became an attor- Senator from Pennsylvania (Mr. these months of unnecessary delays. ney advisor in the litigation branch of CASEY) and the Senator from Hawaii Delay is harmful for everyone, but Federal Bureau of Prisons in Wash- (Mr. INOUYE) are necessarily absent. mostly to the American public. Right ington, DC. He represented the Bureau Mr. KYL. The following Senators are now, 150 million Americans live in dis- in civil actions by inmates throughout necessarily absent: the Senator from tricts and circuits with vacancies that the country. In 1995, the nominee left South Carolina (Mr. DEMINT), the Sen- could be filled if Senate Republicans the Bureau and became an assistant ator from Illinois (Mr. KIRK), the Sen- would simply vote on the 22 judicial prosecuting attorney for the Jackson ator from Arizona (Mr. MCCAIN), the nominations ready for final Senate ac- County Prosecutor’s Office in Kansas Senator from Pennsylvania (Mr. tion. City, MO until 2001. During his time TOOMEY), and the Senator from Lou- I also note that of the current vacan- there, he served as coordinator for the isiana (Mr. VITTER). cies without a nomination, 28 involve drug abatement response team; was the Further, if present and voting, the Republican home state Senators. This East Patrol community prosecutor, Senator from South Carolina (Mr. is a President who has tried to work acting as office liaison to the commu- DEMINT) would have voted ‘‘nay.’’ with home state Senators from both nity; and, in 1999, became the senior The PRESIDING OFFICER (Mrs. parties on his nominations. There are trial attorney for the drug unit. In this HAGAN). Are there any other Senators also an additional seven nominations position he prosecuted cases involving in the Chamber desiring to vote? on which the Senate Judiciary Com- major crimes with an emphasis on The result was announced—yeas 92, mittee cannot proceed because Repub- drug-related homicides. nays 1, as follows: lican Senators are withholding sup- In 2001, Judge Wimes became the [Rollcall Vote No. 67 Ex.] port. drug court commissioner for the court YEAS—92 I congratulate Senator MCCASKILL for Jackson County, MO. He was ap- Akaka Brown (MA) Coons for her success in getting this vote on pointed for two, 4-year terms. He pre- Alexander Brown (OH) Corker the nomination of Judge Wimes. He is sided over 400 assigned cases to drug Ayotte Burr Cornyn currently a judge on the 16th Judicial court, with a caseload of 120 to 150 Barrasso Cantwell Crapo Baucus Cardin Durbin Circuit Court of Missouri. He pre- docketed cases per week. Begich Carper Enzi viously served as the Jackson County After serving as the drug court com- Bennet Chambliss Feinstein Drug Court Commissioner and as an as- missioner for Jackson, Judge Wimes Bingaman Coats Franken sistant prosecuting attorney in the was appointed by then-Governor Matt Blumenthal Coburn Gillibrand Blunt Cochran Graham Jackson County Prosecutor’s Office. Blunt to serve as the circuit court Boozman Collins Grassley Judge Wimes has the strong support of judge for the 16th Judicial District, Boxer Conrad Hagan

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.051 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2587 Harkin Lugar Rockefeller mail processing facilities would have up, benefits continue to slip away, Hatch Manchin Rubio on their communities. I have heard hours are getting cut, and job security Heller McCaskill Sanders Hoeven McConnell Schumer from State and local leaders about the is eroding. That is why I was very glad Hutchison Menendez Sessions impact of closing the mail processing that at the end of last year, the NLRB Inhofe Merkley Shaheen facilities in Duluth and Bemidji. I have voted to adopt modest commonsense Isakson Mikulski Shelby heard from farmers who actually get rules that would make it easier for Johanns Moran Snowe Johnson (SD) Murkowski workers to fight for fair treatment in Stabenow their goods and ship their products Johnson (WI) Murray Tester through those mail processing centers. the workplace and help bring NLRB Kerry Nelson (NE) Thune That is why I have worked with Sen- into the 21st century. Klobuchar Nelson (FL) Kohl Paul Udall (CO) ator SANDERS and roughly 25 of my col- These new rules aren’t going to solve Kyl Portman Udall (NM) leagues in the Senate, including Sen- every problem, but they are a step in Warner Landrieu Pryor URBIN the right direction and will help work- Webb ator D —one-fourth of the entire Lautenberg Reed ers and families across the country. Leahy Reid Whitehouse Senate—to negotiate changes to this Levin Risch Wicker original bill. I thank Chairman LIEBER- The new NLRB rules will strengthen Lieberman Roberts Wyden MAN and Senators COLLINS and CARPER and streamline the voting process by NAYS—1 for their great leadership. I am glad reducing unnecessary litigation and in- tentional delays. It will streamline Lee about some of the changes they have made. pre- and postelection procedures, and it NOT VOTING—7 The substitute amendment would, in will facilitate the use of electronic Casey Kirk Vitter fact, keep at a minimum 100 mail proc- communications and document filing. DeMint McCain Those are all commonsense steps that Inouye Toomey essing plants that are currently scheduled to close, and they would remain should not be controversial. The nomination was confirmed. open for at least 3 years. Overnight de- I am extremely disappointed that The PRESIDING OFFICER. Under livery standards in regional areas will Senate Republicans want to now elimi- the previous order, the motion to re- be protected. A large number of rural nate these rules and roll back the clock consider is considered made and laid post offices that are being studied for on worker protections. The resolution upon the table, and the President will closure will remain open. we are going to vote on would elimi- be immediately notified of the Senate’s I am a cosponsor of the amendment nate steps to standardize and add action. to the legislation that would provide transparency to the employee election f important safeguards before closing process. It would eliminate steps that LEGISLATIVE SESSION mail processing facilities, and I have reduce frivolous litigation and create a also cosponsored the McCaskill- more cohesive and productive work- The PRESIDING OFFICER. The Sen- Merkley amendment that would estab- place for workers and businesses. It ate will now resume legislative session. lish a 2-year moratorium on closing will fundamentally weaken NLRB proc- The Senator from Minnesota. rural post offices and recognize the esses and procedures that workers and f concerns of rural residents. businesses rely on when they are try- VIOLENCE AGAINST WOMEN REAU- There is no doubt that changes need ing to settle disputes. It is bad for business, bad for working THORIZATION ACT OF 2011—MO- to be made to the Postal Service to families, and it should not pass. Work- TION TO PROCEED—Continued make it more competitive in the digital world. I think a lot of those ers across this country deserve a fair POSTAL REFORM changes are contained in the substitute process in the workplace. The NLRB Ms. KLOBUCHAR. Madam President, amendment. We can even make it rule this resolution would eliminate re- I rise to discuss the importance of ad- stronger. I strongly believe we can moves some of the unfair and unneces- dressing the financial challenges now reach a balance that makes necessary sary roadblocks so many workers face facing the U.S. Postal Service and our reforms, while maintaining the quick every day. I have to say that while we critical need to ensure that it remains service on which Americans have come are discussing this issue, I want to ex- a strong and reliable resource for the to rely. press my disappointment and anger at people of our country. I yield the floor. the recent report from the inspector The American Postal Service was The PRESIDING OFFICER. The Sen- general about improper and politicized created over two centuries ago as a ator from Washington. activities by a current Republican function of the Federal Government, NLRB RULES member of the NLRB board, an indi- acknowledged in the U.S. Constitution. Mrs. MURRAY. Madam President, I vidual who previously worked for an- In those last 220 years, the way we send come to the Senate floor this evening other board member who is a former mail and exchange correspondence has to express my strong opposition to the staffer for a Republican Member of the changed dramatically. We no longer resolution of disapproval filed by Sen- Senate. That report details multiple need a stamp or an envelope; we can ate Republicans that seeks to overturn instances of ethics misconduct, includ- just shoot an e-mail or sign onto critical new NLRB rules that will pro- ing the sharing of confidential infor- Facebook. tect workers across America. I strong- mation with outside parties. I am hope- But even with all these changes, the ly urge my colleagues to oppose it. ful that issue will be fully investigated. fact remains that no matter who you Some of our colleagues on the other I am deeply worried about the actions are or where you live, odds are that the side of the aisle frequently complain some people will take to undermine an post office plays a vital role in your about how we spend our time on the agency with a mission to protect the daily life. Seniors rely on the Postal Senate floor. Today, I have to say I am rights of workers and employers. And Service to receive their medications, disappointed that we are being forced honestly, I find it to be a sad state- businesses rely on it to ship and re- to spend valuable time on this issue. ment about the nature of our politics ceive goods, and countless jobs hinge Middle-class families across America today, because the NLRB is doing a lot on its services, both directly and indi- are continuing to struggle in this very of good work for workers in America rectly. tough economy, and it is hard to un- and it shouldn’t be tarnished with this No matter how far we have come derstand why Senate Republicans want sort of ethics issue. with technology in this digital age, to spend time attacking an agency’s This agency has borne the brunt of there are some things that simply can- mission to protect workers and em- political attacks over the last year not be sent by e-mail. That is why reli- ployers and is critical to protecting ac- from special interest groups and elect- able timely mail service is something cess to the middle class for workers ed officials trying to score political all Americans should be able to count and families. points at the expense of workers and on. Thankfully, as we all know, our econ- families. Many of these attacks have I have heard from numerous people in omy seems to be stepping back from been inaccurate; many have been un- my State about the negative impact the precipice. But for so many workers fair. Some have used the case involving the closure of certain post offices or today paychecks still have not caught Boeing and workers in my home State

VerDate Mar 15 2010 05:17 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.035 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2588 CONGRESSIONAL RECORD — SENATE April 23, 2012 of Washington to weaken the agency, specific time period and it does not Thunman, one of my neighbors in even while the NLRB work is what al- deny companies the opportunity to ex- Springfield, was a graduate of Spring- lowed the two sides to come together press their opinion about union rep- field High School and enlisted in the and find a solution to that challenge. resentation. The only real impact of Navy. He worked his way up to the So I think this is wrong and these at- the rule changes will be to better pro- rank of vice admiral in the U.S. Navy tacks should end. tect workers’ right to make a deter- and at one point commanded our sub- The NLRB election rules are modest, mination for themselves through a rea- marine fleet. To think of this young they are commonsense steps toward a sonable fair timely election. man from the middle of the Midwest fairer system for workers and busi- The NLRB rules create a uniform ending up in charge of our submarine nesses and will help us move toward a process for resolving pre- and post-elec- fleet is a great testament to his ability system that works for everyone, and tion disputes to provide consistency and to the opportunity the Navy gave they will help make sure our workers and remove unnecessary obstacles to him to serve his country. can simply exercise their rights to bar- workers’ right to vote. When Admiral Thunman got up to re- gain for fair wages, for benefits and eq- NLRB hearing officers will be em- ceive his award—this Lincoln Award— uitable treatment under the law. That powered to dismiss claims that would he said: I stand here humbled by the is what our workers expect, it is what not impact the election. At the pre- memory of my father who was an ille- they deserve, and it is what the NLRB election hearing, employers and unions gal immigrant to this country from is working to deliver. can raise their concerns about the peti- Norway, who came here jumping off a Once again, I urge our colleagues to tion, but they can’t play games to stall ship as a sailor and lived in the United vote against that resolution of dis- the election. States illegally until the time he was approval. It is the wrong way to go for The rules consolidates the pre-elec- prepared to volunteer to serve our Na- workers. It is the wrong way to go for tion and post-election appeals into a tion in World War II. businesses and for the middle class. single postelection procedure, which Admiral Thunman tells that story Madam President, I yield the floor. saves the parties from having to file over and over. What a reminder it is The PRESIDING OFFICER. The Sen- and brief appeals that may be costly that the sons and daughters of immi- ator from Illinois. and useless based on the outcome of grants to this country, as well as those Mr. DURBIN. Madam President, let the election. immigrants themselves, literally made me join in the remarks by the Senator The new rules make Board review of America what it is today. from Washington. This National Labor the regional directors’ decisions discre- One hundred one years ago, my Relations Board rule which will be tionary. This change will require par- mother arrived on a boat from Lith- voted on by the Senate tomorrow is ties to identify compelling reason for uania. Her boat came to Baltimore, one that was needed. The rule change Board review, allowing the Board to de- MD, and my grandmother took herself, was needed and the attempt on the vote its limited time to cases where its her sister, and brother, to East St. floor, of course, is to undo this decision review is warranted. Louis, IL, where I grew up many years by the National Labor Relations Board. The new rules apply to both elections later. That is my story. It is an Amer- If they say justice is denied, look at seeking to certify a union and elections ican story that is repeated over and the current situation when it comes to seeking to decertify a union. Further, over. Immigrants are part of America. a vote by workers on collective bar- the new rules do not alter in any way It is the diversity of America that gaining. If delayed at every potential an employer’s ability to communicate gives us our strength. opportunity, and sometimes it hap- with workers during the election pe- Those who hate and loathe immi- pens, workers have to wait, on aver- riod and do not require that elections grants have always been here. Probably age—average—198 days—that is 61⁄2 be held within a certain period of time. as soon as the Mayflower landed, they months—to have a simple vote deciding In the view of organized labor, these looked over their shoulder and said, We if they would be represented by the rules, even in their scaled back form, hope nobody else is coming. But the union. In some extreme cases they are one of few positive actions taken fact is people have been coming from have been forced to wait 13 years for by Congress or the administration in all over the world, and they still would the right to vote on collective bar- the last year. Unions argue that the old rather come to this country than leave gaining. rules are subject to manipulation, it, which is quite a testament to this One in five workers who openly advo- causing significant pre-election delay Nation. Senator LIEBERMAN made that cate for unions during an election cam- and leading to petitions being with- point on the floor the other day. paign is fired. As a result of these tac- drawn prior to an election or avoidance This week, the Supreme Court is tics, 35 percent of workers give up and of Board processes altogether. If an em- going to take up an important question withdraw from the election before a ployer takes advantage of every oppor- on immigration—the Arizona law. vote is held. The proposed NLRB rule tunity for delay, the average time be- Under the Arizona law, any undocu- changes will remove unnecessary fore workers vote is 198 days. mented immigrant can be arrested and delays to the process, cut down on un- Business groups are opposed to the charged with a State crime—an Ari- necessary litigation, and provide work- new NLRB rules arguing it will limit zona crime—solely on the basis of their ers a meaningful vote in a reasonable their ability to present their side in an immigration status. It is a crime for an period of time. The proposed rules will election. Most of their points against illegal immigrant in Arizona to fail to apply the same way to workers at- the rule relate to provisions of the pro- carry documents proving their legal tempting to decertify a union as they posed rule that were not included in status under this law. Under our Con- do to workers trying to form a union. the final rule. Their position also stitution, States don’t have the right So from the business side, if they think stems from general opposition to the to pass their own laws preempting Fed- workers no longer wish to belong to a NLRB for the now settled Boeing issue, eral laws on immigration. That is why union, there will be a timely vote on new worker rights posting require- the Justice Department filed the case that as well. It applies the same way to ments, the President’s NLRB recess ap- the Supreme Court will hear this week. unions and employers. pointments, and other NLRB decisions. Let us be clear. It is wrong to crim- This rule is fundamentally fair, and IMMIGRATION inalize people because of their immi- that is why I encourage my colleagues Mr. DURBIN. Madam President, this gration status. That is not the way we to join with me and Senator MURRAY Wednesday the Supreme Court will treat immigrants in America. It is not and many others in voting against this hear a challenge to Arizona’s con- right to make criminals of people who effort by Senator ENZI to overturn the troversial immigration law. I thought go to work every day, cook our food, proposed National Labor Relations about this law over the weekend in clean our hotel rooms, care for our Board rule. Springfield, IL. There is an annual aging parents in nursing homes, and As I said earlier, Madam President, event where a special award is given to care for our children as well. It is not the rule applies the same way to those sons and daughters of Illinois right to make criminals of those who unions and employers. But it does not who have given great service to our worship with us in our churches, syna- require that elections be held within a State and Nation. Admiral Ron gogues, and mosques, and people who

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.055 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2589 send their children to the same schools the inappropriate actions of a few, who ceived an internship to work on the as our children. engage in racial profiling, create mis- NASA space station. But after she Here is the reality. This approach trust and suspicion, and that hurts all graduated, reality set in. Because that Arizona law suggests will not help police officers. The evidence clearly Dulce is undocumented—one of the combat illegal immigration. Law en- demonstrates that racial profiling Dreamers—she can’t work as an engi- forcement doesn’t have the time or re- doesn’t solve crimes, it doesn’t work, neer in America. She can’t become li- sources to prosecute and incarcerate and that is what Chief of Police Ron censed in any State. She has no coun- millions of people. Making undocu- Davis told us as well. That is why so try. mented immigrants into criminals will many law enforcement leaders strongly In 2008, Dulce cofounded the Arizona simply drive them farther into the oppose racial profiling and the Arizona DREAM Act Coalition, an organization shadows. The Arizona Association of immigration law. of more than 200 DREAM Act students Chiefs of Police took a look at the new Instead of measures that harm law in predicaments like hers. She con- Arizona law and came out in opposition enforcement and promote racial tinues to volunteer at the high school to it. They said it makes it more dif- profiling, such as the Arizona immigra- she attended. Today, Dulce is 27 years ficult for them to maintain order and tion law, we need to support practical old. Last week, this amazing young enforce law in Arizona. Immigrants, solutions to fix America’s broken im- woman was named one of the hundred because of this law, the chiefs of police migration system. And if I could say most influential people in the world by have said, will be much less likely to one word in defense of Arizona, it is the Time magazine. cooperate, and they need their coopera- fact that our failure—Congress’s fail- Time published a profile of Dulce tion to continue to fight crime. ure, Washington’s failure—to deal with written by the actress Eva Longoria. There is another troubling aspect of immigration has brought on this effort Here is what the profile said: the Arizona immigration law. Accord- by many States and localities. We have Dulce represents the finest of her genera- ing to experts, the law encourages ra- our own responsibility. tion, an undocumented Latina confronted cial profiling. I chair the Senate Judi- Let me tell you where I think we with legal barriers to pursuing her engineer- ciary Committee’s Subcommittee on should start. We should start our re- ing dream. She chose to fight for the right to Constitution, Civil Rights, and Human form on immigration with the DREAM contribute to the country she has called Rights. Last week, at a hearing on ra- Act. Eleven years ago, I introduced home since she was very young. Dulce takes cial profiling, we had the first hearing this bill, legislation that allows a se- on powerful opponents with grace and conviction, saying, ‘‘We are Americans, and on the subject since 9/11/2001. One of the lect group of immigrant students with Americans don’t give up.’’ subjects we examined at the hearing is great potential to contribute to Amer- Dulce is right. Americans don’t give the state of Federal, State, and local ica. The DREAM Act would give these up. We have been fighting for the measures in recent years under the students a chance to earn legal status, DREAM Act now for 11 years. We are guise of combating illegal immigration and ultimately citizenship, if they not going to give up until it is signed that have subjected Hispanic Ameri- came to the United States as children into law by a President of the United cans to an increase in racial profiling. or have been long-term U.S. residents States. I am honored that this Presi- The Arizona immigration law is a with good moral character, have grad- dent, President Barack Obama, when prime example, and let me explain uated from high school and have com- he was a Senator was a cosponsor of why. pleted 2 years of college or military Arizona’s law requires police officers service in good standing. my legislation. I know where his heart to check the immigration status of any Russell Pearce, the author of the Ari- is when it comes to the DREAM Act. individual if they have ‘‘reasonable zona immigration law, had this to say Unlike the Arizona immigration law, suspicion’’ the person is undocu- about the DREAM Act, and I quote: the DREAM Act is a practical solution to a serious problem with our broken mented. What is the basis for reason- The DREAM Act is one of the greatest leg- able suspicion? Arizona’s guidance on islative threats to America’s sovereignty, immigration system. I hope the Su- the law tells police officers to consider national security and economic future. preme Court will strike down the Ari- factors such as how someone is dressed Well, I see it differently, and so do zona immigration law, and I again beg and their ability to communicate in people such as GEN Colin Powell and my colleagues to support the DREAM English. former Defense Secretary Robert Act. It is the right thing to do, and it Two former Arizona attorneys gen- Gates. They support the DREAM Act will make America a stronger nation. eral, joined by 42 other former State because it would make America a Madam President, I yield the floor. attorneys general, filed a brief in the stronger Nation, giving these talented The PRESIDING OFFICER. The Sen- Arizona case and they said ‘‘applica- immigrants a chance to serve our mili- ator from Ohio. tion of the law requires racial tary and to improve and contribute to Mr. BROWN of Ohio. Madam Presi- profiling.’’ our economy. Tens of thousands of dent, I ask unanimous consent to speak One of the witnesses in our hearing highly qualified, well-educated young as if in morning business for up to 10 was Ron Davis, chief of police at East people would enlist in the armed serv- minutes. Palo Alto, CA. Chief Davis, along with ices if the DREAM Act becomes law. The PRESIDING OFFICER. Without 16 other current and former chief law Studies have found DREAM Act par- objection, it is so ordered. enforcement officers, the Major Cities ticipants would contribute literally GI BILL CONSUMER AWARENESS Chiefs of Police Association, and the trillions of dollars to the U.S. economy Mr. BROWN of Ohio. Madam Presi- Police Executive Research Forum, filed during their working lives. dent, late last month I brought to a brief in the Arizona case. Here is The best way to understand the need Washington 55 or so college presidents what the brief filed by the chiefs of po- for the DREAM Act is to meet the from Ohio—presidents of 2-year and 4- lice in the Arizona case before the Su- Dreamers. Today I want to introduce year private and public colleges and preme Court said: you to a Dreamer from Arizona. Here universities—to discuss a whole host of The statutory standard of ‘‘reasonable sus- she is. Her name is Dulce Matuz. She issues. One subject that always comes picion’’ of unlawful presence in the United was brought to the United States by up when you talk about young people, States will as a practical matter produce a her parents from Mexico as a young when you talk about college, when you focus on minorities, and specifically Latinos. child. At Carl Hayden High School in talk about universities, is access to Let me be clear: I believe—and I Phoenix, AZ, Dulce became a dedicated higher education, that far too many of think most Americans share this be- member of the school’s robotics club our young people simply can’t afford to lief—the vast majority of law enforce- where she found her true love—engi- go to college. ment officers in America perform their neering. My wife, a graduate of Kent State jobs admirably and courageously. When She went on to graduate from Ari- some 30 years ago, was privileged in they wake up in the morning and put zona State University, and we see her those days even though nobody in her that badge on, they literally put their standing here with the mascot. She family had ever gone to college. Her lives on the line for you, for me, and earned a bachelor’s degree in electrical dad carried a union card, was a utility for all of us in America. Unfortunately, engineering. As a senior, Dulce re- worker in Ashtabula, OH, working as a

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.056 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2590 CONGRESSIONAL RECORD — SENATE April 23, 2012 maintenance worker in a local power- Senate passed I believe 3 years ago, has Stafford loan and avoiding the interest plant. She was able to go to school be- begun to help large numbers of vet- rate jump that is scheduled to take cause in those days college was more erans again. Unfortunately, service- place. And I would point out that had accessible—Pell grants, some loans, members and veterans are often ag- we passed the so-called Buffett rule bill tuition was significantly lower—and gressively recruited by some edu- so that Americans who earn well over she was able to be the first in her fam- cational institutions that use mis- $1 million a year would actually all pay ily to go to college, and she went to leading information. For instance, if a fair share of taxes, that would have Kent State University. Today it is you visit the Web site gibill.com, it di- created somewhere between $47 billion much harder. Tuition is far too high. rects a veteran to enter his or her per- and $163 billion in revenues, and that Pell grants haven’t kept up with the sonal and contact information to ob- would readily pay for keeping the stu- cost of education the way they might tain information about the GI bill’s dent loan rate down. So I hope we can have 30 years ago. educational benefits. It looks just like find another way to do it, but that One of the options we have, the sub- a government Web site, but it is not. It would have been one good way. sidized Stafford loan, which is avail- turns around and sells that veteran’s The reason I am on the floor this able to students based on need and is information, often to for-profit col- evening is because I was at Wickford often the main pathway to college for a leges. Junction in Rhode Island earlier today, number of them, is under stress, if you Earlier today, I was welcomed at a where a new commuter rail station has will. If we do nothing, if Congress VFW post in Cleveland by Jason been built, largely through the energy doesn’t do anything, the interest on Plezko, the commander of that post. I and effort of my senior Senator, JACK these critical loans will double for bor- met with Brad Sonenstein, a U.S. Air REED, over many years. Secretary rowers beginning July 1, 2012. So the Force veteran now studying at Kent LaHood, the U.S. Secretary of Trans- interest rates will actually double on State, and Joshua Rider, the assistant portation, came to be present at that those students if Congress does noth- director of the Center for Adult and event, and that reminded me, of course, ing. The interest rate right now is 3.4 Veteran Services at Kent State Univer- of the highway bill, which is probably percent. That is why they are called sity. Brad explained how he was inun- the biggest jobs bill we could pass here subsidized Stafford loans. dated with offers and letters when he in Congress. We know that investing in our young was exploring how to utilize his well- We tend to talk a good game on jobs. people this way, giving them an oppor- earned GI benefits. Those offers over- Recently, we even referred to a bill as tunity to go to college, which they whelmingly came from for-profit col- a JOBS bill. It had kind of a trick: It couldn’t otherwise, could make such a leges. He said they were more inter- was actually called Jumpstart Our difference in their lives. A number of ested in their own bottom line than Business Startups, J-O-B-S. They made people don’t want to go to college. helping those who served in the front an acronym so that it sounded like a That is fine. Those who want to go lines. That is simply not right. jobs bill when what it really did was to should have that opportunity. No one is in a better position to allow people to market stocks without Student debt in this country has make a decision as to what is best for the usual safeguards that protect in- reached about $870 billion, exceeding them as a veteran than the veteran vestors and consumers. credit cards and auto loans. As more herself or the veteran himself. We can So we do a lot to try to convince peo- and more students continue to enroll play a role in assisting them. The GI ple we are working on jobs here in Con- in higher education, balances are ex- Bill Consumer Awareness Act provides gress, but the one bill that indis- pected to continue climbing. This veterans with more and better informa- putably is really going to be helpful to means fewer of our young adults will tion about their benefits, calls for im- the American economy to provide jobs be able to buy a home, start a business, proved education counseling, and gives would be the highway bill that the Sen- or continue on to graduate school. Al- colleges new resources to hire people ate passed—2.9 billion jobs protected or ready, students graduate from 4-year such as Joshua Rider to help returning created. In my State of Rhode Island, colleges and universities in Ohio with, veterans. It requires all institutions of it is 9,000 jobs, and I promise you we on average, about $27,000 in student higher education to disclose critical in- could use those 9,000 jobs in Rhode Is- loan debt. If the interest rates double, formation, such as the average student land right now. The bill passed the it will add another $2,000 in debt for the loan debt, the transferability of cred- Senate with flying colors, with every average borrower and as much as an its, and accurate job-placement data. kind of credit you could associate with additional $5,000 for the neediest bor- We do that at our State universities. a piece of legislation. It passed 74 to 22. rower on subsidized Stafford student We do that at most of our not-for-prof- A 75th Senator indicated that he would loans. A number in this institution in it private schools. We do that at our 2- have supported it but he was called out the Senate on the Democratic side are year community colleges. of town for a funeral. And obviously, trying to convince our colleagues how Those using the GI bill tend to be with a 74-to-22 lopsided vote, his vote important it is that we stop this inter- older than the average student popu- was not necessary. But, in effect, 75 est rate from doubling. We must act be- lation. They choose to serve our Na- Senators are on record supporting that fore July 1. tion, often right out of high school bill, which in this Senate, as everybody Just as we have an obligation to keep rather than going straight to college. knows, is a considerable landslide of a college affordable for middle-class Because of this many have families and majority. Americans and working-class Ameri- careers and other challenges their Now, 2.9 million jobs is a serious cans, we have as great an obligation to classmates don’t have. Giving our vet- thing in this economy, with 9,000 in keep college accessible to American erans the tools to make the best pos- Rhode Island that we desperately need. veterans. This year more than 500,000 sible decisions benefits all of them. And the bill left not only with the sup- servicemembers and veterans are ex- That is the importance of the GI Bill port of a unanimous Environment and pected to take advantage of the post-9/ Consumer Awareness Act. Public Works committee, where it 11 GI bill, a bill we passed out of the I particularly thank Senator MUR- came from originally—and I commend Veterans’ Affairs Committee to ensure RAY, chair of the Veterans’ Committee, both Senator BOXER and Senator that all veterans could afford the rising for her work on this legislation. This INHOFE, the chair and the ranking cost of college. The VA is expected to body should pass it immediately. member, for pulling that together. As spend some $11 billion in education Madam President, I yield the floor. people who watch the Senate know, benefits and other GI bill benefits this The PRESIDING OFFICER. The Sen- Senator BOXER and Senator INHOFE year alone. ator from Rhode Island. come from rather different political We know in the 1940s and 1950s what SURFACE TRANSPORTATION ACT persuasions, and yet they were able to the first GI bill did—signed near the Mr. WHITEHOUSE. Madam Presi- agree on this and bring a bill out of end of World War II—how it created a dent, I would like to first express my committee unanimously. whole generation of prosperity and a appreciation to the Senator from Ohio It then came to the floor and went strong middle class. We know that the for his work on these education issues, forward. We had 5 weeks of floor de- GI Bill of Rights, which the House and particularly the importance of the bate. We added 40 amendments either

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.058 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2591 by vote or agreement. It was very bi- This is important to Rhode Island. As These statistics mean domestic vio- partisan, it was very transparent, and I said, we desperately need these high- lence and sexual assault and stalking we ended up with that 75-to-22 expres- way jobs. So I am going to continue, are still problems in America. As far as sion of support by the Senate for that along with many of my colleagues, we have come, we can still do better. bill. coming to the Senate floor to put the That is why it is such a good thing that There was a rather different story on pressure on to do something that is we passed the Violence Against Women the House side. They knew the March very simple: pass a highway bill. This Act reauthorization out of our Judici- 31 deadline was approaching—it had is not complicated. We have been doing ary Committee and the bill now has been a matter of law for a long time— it since Eisenhower was President, and the support of 61 Senators, including 8 and they blew the deadline. They had the fact that we can’t do it now says a Republicans. I am hopeful we will be no bill going into it. They tried several lot about the capacity for governance able to pass this bill quickly after we times to come up with something, and of the House of Representatives under take it up later this week. It has taken they couldn’t do a thing. They had no this Speaker. too long. bill at all. Madam President, I yield the floor. Combating domestic violence and So without a bill, one would hope The PRESIDING OFFICER. The Sen- sexual assault is an issue on which we they could have passed the Senate bill. ator from Minnesota. should all be able to agree. Many of the They certainly had the votes. All they POSTAL SERVICE REFORM provisions in the reauthorization bill had to do was call it up and pass it. Ms. KLOBUCHAR. Madam President, make important changes to the current Democrats and Republicans would have after our work on this important bill law. The bill consolidates duplicative voted for it, and we would be getting to reform the Postal Service is com- programs and streamlines others. It those jobs out there right now. Instead, plete, we will be turning to another im- provides greater flexibility in the use they had no bill, and they chose to pass portant bill, one that has a long his- of grant money by adding more ‘‘pur- an extension. The extension is actually tory of bipartisan support. That bill, pose areas’’ to the list of allowable pretty harmful. They actually passed the Violence Against Women Act, is a uses. It has new training requirements two, and they are both harmful. law that has literally changed the way for people providing legal assistance to The first short-term extension—I we think about violence against women victims, and it takes important steps spoke to my DOT director in Rhode Is- in the United States. to address the disproportionately high land. He was at Wickford Junction as The Violence Against Women Act is domestic violence rates in the Native well, and we have done a couple of one of the great legislative success sto- American communities. other events in the past week or so to ries of this generation. Since it was The bill also fills some gaps in the try to bring attention to this. He has a first passed in 1994—and I will tell you system. I am pleased to say it includes list of roughly 95 or 96 projects they that then-Senator BIDEN was involved legislation I introduced with Senator want to get done in Rhode Island in the in drafting that legislation and led HUTCHISON to address high-tech stalk- summer building season, the highway that effort, he and someone we miss ing, cases where the stalker uses tech- construction season. He estimates that very dearly in Minnesota, Paul nology such as the Internet, video sur- probably 40 of those jobs are going to Wellstone. He and his wife Sheila were veillance, and bugging to stalk their fall off the list because they don’t also involved in getting this important victims. Sadly, we are seeing more of know what their long-term funding is, bill passed. Since that time, annual do- this. This bill will give law enforce- and they can’t commit to those jobs mestic violence rates have fallen by 50 ment better tools for cracking down on until this gets settled. So these short- percent as communities nationwide stalkers. term extensions are very harmful. have stopped looking at these issues as Just as with physical stalking, high- They cost jobs. They are job killers. family issues and started treating do- tech stalking may foreshadow more se- Yet the House has passed two of them. mestic violence and sexual assault as rious behavior down the road. It is an To make it even more complicated, the serious crimes they are. issue to take seriously, and we in law they threw on the last one—a require- Before I came to the Senate I spent 8 enforcement must be as sophisticated ment that the Keystone Pipeline be years as chief prosecutor for Min- as those who are breaking the law. bulldozed through all the regulatory nesota’s largest county, Hennepin That is why we need to update this law. and environmental reviews that are County. During that time, both preven- We also should not lose sight of the necessary. Say what you want about tion and the prosecution of domestic fact that the VAWA reauthorization the Keystone Pipeline, it is a com- violence were one of my top priorities. has strong support from law enforce- pletely contentious, controversial issue We were very proud of the Domestic ment. The Fraternal Order of Police, here in Congress. They did not make an Violence Service Center, which was the Federal Law Enforcement Officers effort to resolve it on the House side. cutting edge in the Nation, a one-stop Association, the National Sheriffs’ As- This was not something where they shop where people could go when they sociation, and the International Asso- brought people together, came to a res- were victims of domestic violence, a ciation of Chiefs of Police support this olution on the Keystone Pipeline, and place for their kids; shelters, prosecu- bill. then added it to the bill. No. They just tors would be able to charge out com- Recent events in my State have took their Republican version of it plaints, police would be there for pro- shown me and the entire population of without any effort to be bipartisan and tective orders. It was a way to help Minnesota in the worst possible way stuffed it into the highway extension. people who were at the point where just how closely domestic violence is So they have missed the chance to they thought no one was there for linked with the safety of our law en- pass really good bipartisan legislation them, for women to be able to come in forcement officers. I don’t think people out of the Senate, they have passed a and find one place that was safe for always think about that. They realize job-killing extension that is very them. when police officers are out driving on harmful to folks doing highway work As we all know, there is still a lot of the road, drunk drivers are out driving around the country, and they have work to be done. According to a recent on the road—that it is risky. Because complicated it further by throwing a survey conducted by the Centers for the police are constantly on the road. controversial issue on top. Disease Control and Prevention, 24 peo- What they don’t realize is one of the If you are serious about jobs—and I ple per minute are victims of rape, leading causes of death of officers is know we talk a lot about it in the Sen- physical violence, or stalking. Approxi- domestic violence-related incidents. ate—if you are serious about jobs, we mately one in four women has experi- A couple of months ago I attended should stop that nonsense and take up enced severe physical violence by an the funeral of Shawn Schneider, a the Senate bill and pass it in the House intimate partner at some point in their young police officer from Lake City, and get everybody to work. In the ab- lifetime, and 45 percent of the women MN. Officer Schneider died responding sence of that, we need to make sure killed in the United States every year to a domestic violence call—a 17-year- that we move to conference very quick- are killed by an intimate partner. old girl who was being abused by her ly, that we appoint conferees, and that Every year close to 17,000 people lose boyfriend. When Officer Schneider ar- we get going. their lives to domestic violence. rived at the scene, he was shot in the

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.059 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2592 CONGRESSIONAL RECORD — SENATE April 23, 2012 head. The girl survived, but Officer this raid on crime victims’ funding. I April is also Sexual Assault Aware- Schneider literally gave his life to save wish to commend Senators MIKULSKI ness Month and our bill takes the im- another. I attended that funeral, and I and HUTCHISON, the chair and ranking portant step of focusing increased at- will never forget the heartbreaking member of the Subcommittee on Com- tention on sexual assaults, including scene of his two young sons walking merce, Justice, Science of the Com- those against the most vulnerable down the church aisle with the little mittee on Appropriations for their im- among us. girl, his daughter, in a blue dress cov- portant efforts in this regard in the ap- As I listened to Senator MURRAY, ered with stars. I think it reminds all propriations bill we reported to the Senator FEINSTEIN, Senator SHAHEEN, of us that domestic violence just Senate last week. and Senator GILLIBRAND—and, as a doesn’t hurt the immediate victim, it The Senate Appropriations Com- matter of fact, I spoke with Senator hurts entire families, entire commu- mittee, on which I serve, has reported HAGAN last week about the pending nities. a bill that preserves the Crime Victims motion to proceed to the VAWA reau- This has never been a partisan bill. It Fund, and we succeeded in increasing thorization legislation—I thought how is crucial to pass this bill. We have the funding next year for victims’ com- fortunate we all are to serve with them made a lot of progress over the years, pensation and assistance to $775 mil- and with Senators MIKULSKI, BOXER, and we have been able to work across lion. To be able to increase Federal as- SNOWE, LANDRIEU, COLLINS, STABENOW, the aisle to build on VAWA’s success. sistance by $70 million from last year’s CANTWELL, MURKOWSKI, MCCASKILL, That is something that means a lot to cap is extraordinary in these economic KLOBUCHAR, and AYOTTE. In fact, 16 me, and it certainly means a lot to the times, and it is an indication here in women senators are cosponsors of our millions of people who are victims of the Senate of our commitment to Violence Against Women Reauthoriza- domestic abuse and sexual assault crime victims. This is a matter on tion Act, and their input has strength- every single year. which I have worked with Senator ened this critical legislation. I appre- I urge my colleagues to support our CRAPO as well as Senator MIKULSKI ciate their strong bipartisan support efforts to bring this bill to the floor over the years. I appreciate their lead- for this measure and their willingness quickly. We can pass it this week. We ership in this effort. to speak out time and again on the can provide desperately needed help to The Crime Victims Fund is not tax- need to pass this bill without delay. victims of domestic assault, domestic payers’ money. It comes from penalties We recently honored the senior Sen- violence, and other such crimes. and fines. It comes from wrongdoers. ator from Maryland for her services as I yield the floor. I suggest the ab- We designed it to help victims of the longest-serving woman Senator and sence of a quorum. crime. We created it as a trust fund for as the woman who has also served the The PRESIDING OFFICER. The crime victims’ needs and services. I longest in Congress. I can remember clerk will call the roll. have tried to respect the trust fund and back before 1993, when Senator Carol The assistant legislative clerk pro- to protect it, to ensure that it is used Mosely Braun became the first woman ceeded to call the roll. and available for crime victims and to serve as a member of the Senate Ju- Mr. REID. Mr. President, I ask unan- their families who depend on its sup- diciary Committee. We are fortunate imous consent that the order for the port in times of need. We all know the now to have both Senator FEINSTEIN quorum call be rescinded. States are being forced to tighten their and Senator KLOBUCHAR as active The PRESIDING OFFICER. Without belts, and when they do, victims’ serv- members of our Committee. objection, it is so ordered. ices are being cut all over the country. I remember when nine women Sen- Mr. REID. Mr. President, I ask unan- Without the Federal assistance from ators joined together to contribute to imous consent that upon disposition of this trust fund, victims’ compensation the book ‘‘Nine and Counting’’ about S. 1789 but no earlier than Wednesday, programs and victims’ assistance pro- their paths to the U.S. Senate. These April 25, the Senate adopt the motion grams and services will be unavailable women have served as role models for to proceed to Calendar No. 312, S. 1925. to many. many other young women and young The PRESIDING OFFICER. Is there Another important law that girls. Even as Senator Clinton has gone objection? strengthens crime victims’ rights and on to become our Secretary of State, Without objection, it is so ordered. improves crime victims’ services is there have been other changes. Six of f currently pending before the Judiciary the nine Senators who were subjects of Committee. The Justice For All Reau- the book in 2001 still serve in this insti- MORNING BUSINESS thorization Act strengthens the rights tution today. They have been joined by Mr. REID. Mr. President, I ask unan- guaranteed to crime victims in the nine additional women Senators from imous consent that the Senate now criminal justice process and ensures around the country. This book, ‘‘Nine proceed to a period of morning business that basic services, like the rapid test- and Counting,’’ was a title for looking with Senators permitted to speak for ing of rape kits, help victims receive to the future. Today, 17 women serve in up to 10 minutes each. the justice, safety, and closure they de- the U.S. Senate. That is a great step The PRESIDING OFFICER. Without serve. I look forward to working with forward. They have farther to go, of objection, it is so ordered. Senators from both sides of the aisle to course, but it is a lot better than when Mr. LEAHY. Mr. President, today move that legislation forward as well. I came to the Senate when we had no marks the beginning of the 31st annual Currently pending before the Senate women serving. Sixteen of them have National Crime Victims’ Rights Week. is the majority leader’s motion to pro- joined from both sides of the aisle to It is a time to recognize the losses ceed against the Violence Against bring their leadership and their strong faced by victims of crimes and their Women’s Act, S. 1925. I introduced this support, but also their experience, to families and to acknowledge the efforts legislation with Senator CRAPO last the Violence Against Women Reauthor- being made to help them recover and year. We have 61 bipartisan cosponsors ization Act. rebuild their lives in the wake of trag- from both parties. When we enacted Our bill includes a number of provi- edy. It is a time to reflect on all we the Violence Against Women Act near- sions they have championed and sug- have accomplished and focus on what ly 18 years ago, it sent a powerful mes- gested. To will give one example, our we have to yet do to help victims. sage that we will not tolerate crime bill includes the provisions that Sen- Of course, one of the best tools for against women and forever altered the ator KLOBUCHAR and Senator delivering that help is the Crime Vic- way our Nation combats domestic and HUTCHISON suggested and introduced as tims Fund. Unfortunately, in recent sexual violence. Our legislation offers the Stalkers Act of 2011. That provision months, some have sought to violate support to the victims of these terrible is new to VAWA. It would not have the Victims of Crime Act. They want crimes and helps them find safety and been included if we had simply intro- to take money out of the trust fund for rebuild their lives. The bill we will de- duced a one-sentence reauthorization purposes and programs not authorized bate this week is based on the rec- of VAWA rather than a comprehensive by the Victims of Crime Act. I have ommendations of victims and the tire- bill. I thought it was a good provision, worked with Senators from both sides less professionals who work with them intended to update the Federal of the aisle. We have been able to stop every day. antistalking statute to capture the

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.060 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2593 more modern forms of communication Association of Chiefs of Police, the EXHIBIT 1 that perpetrators use to stalk their Federal Law Enforcement Officers As- APRIL 19, 2012. victims. sociation, and 25 national religious or- Hon. HARRY REID In the spirit of National Crime Vic- ganizations. Last week, the mayors of Majority Leader, U.S. Senate, Hart Senate Of- tims’ Rights Week, our reauthorization fice Building, Washington, DC. three of the Nation’s largest cities— Hon. MITCH MCCONNELL, bill takes steps to recognize victims’ New York, Chicago, and Los Angeles— needs that are not being served and Minority Leader, U.S. Senate, Russell Senate wrote to the Senate urging us to pass Office Building, Washington, DC. find ways to help them. That approach the VAWA reauthorization. We have DEAR MAJORITY LEADER REID AND MINOR- is not radical or extreme. The fact that heard from 47 State attorneys general, ITY LEADER MCCONNELL: As mayors who col- the bill reaches more victims should lectively represent over seven and a half mil- Republican and Democratic alike, urg- not be a basis for partisan division; it lion women, we believe it is imperative that is something we ought to celebrate. I ing Senate passage of this legislation. the Senate pass S. 1925, the Violence Against have said on the floor before, a victim That is because they recognize this Women Reauthorization Act of 2011. Despite is a victim is a victim. Federal law is meaningful and that this considerable progress over the past two dec- In my earlier career I would go to a reauthorization addresses the ongoing, ades in addressing the epidemic of violence unmet needs of victims in their States. against women, we recognize that much crime scene at 3 o’clock in the morning more needs to be done and that this legisla- with the police, as the chief law en- I ask unanimous consent that at the tion will strengthen our national commit- forcement officer of our county. We conclusion of my remarks these letters ment to tackling the challenges that remain. might have a badly battered woman—if be printed in the RECORD. Since 1994, the Violence Against Women she survived; sometimes the victim did Act (VAWA) has provided a comprehensive, not survive—but I never heard the po- The PRESIDING OFFICER. Without coordinated, and community-based approach lice say, ‘‘Well, if we are going to do objection, it is so ordered. toward reducing domestic violence, sexual something on this, we have to figure assault, stalking, and other forms of vio- (See exhibit 1.) lence. Over the past two decades, its pro- out whether this victim is a Democrat Mr. LEAHY. In fact, today I was ad- grams and services have provided lifesaving or a Republican, or we have to figure assistance to hundreds of thousands of vic- out whether this victim is gay or vised by Bruce Cohen in my office that we have received the statement of ad- tims. Through victim support programs, straight, or we have to figure out’’— local and state funding assistance, and the U no. They said, ‘‘For this victim, let us ministrative position. It is a very Visa program, VAWA has strengthened the find out who did this and let’s get them strong statement from the White ability of the criminal justice system to in- and let’s see what we can do,’’ or if the House, and it is a strong statement in vestigate and prosecute crimes and hold vio- victim is still alive, what we could do support of the Violence Against Women lent perpetrators accountable. These efforts Reauthorization Act. I ask unanimous have contributed to dramatic reductions in to protect the victim. That is what the the incidence and impact of violence against Violence Against Women Act has al- consent that it be printed in the women, including an over 50 percent decline ways done and what I have tried to do RECORD at the conclusion of my rein the annual rate of domestic violence. As for crime victims for many years. marks. we seek to make further progress, we believe As we have done on every VAWA re- it is essential that we provide services to vic- The PRESIDING OFFICER. Without authorization bill, we have learned tims regardless of their gender, race, lan- from past experience how to make it objection, it is so ordered. guage, Immigration status, or sexual ori- better and now we make it better by (See exhibit 2.) entation. taking responsible and moderate steps, As mayors, we have seen the tremendous Mr. LEAHY. I am glad we are finally positive impact of the Violence Against in this case to protect immigrant and moving to this. Women Act in our communities. In New native women, and ensuring services to The last two reauthorizations, each York, VAWA funding has helped open three victims regardless of sexual orienta- Family Justice Centers, which are one-stop tion or gender identity, again under one an improvement on the one before, domestic violence centers with staff from the mantra ‘‘a victim is a victim is a passed this body unanimously. We government agencies and nonprofit organiza- victim.’’ should do the same. It is not a partisan tions to assist victims of domestic violence. At the same time, we recognize the issue. I ask other Senators, if they In Los Angeles, VAWA funding has also difficult economic times and the need haven’t spoken with victims of abuse, helped expand its Domestic Abuse Response to ensure that taxpayer dollars are Team—a collaborative effort between law en- to speak to those who are; talk to the forcement officers and victim advocates to being spent responsibly. That is why police chiefs; talk to the people who respond to domestic violence calls at the the bill consolidates 13 programs into 4 have to deal with this; talk to the peo- scene of the crime and provide crisis inter- in an effort to reduce duplication and ple who have survived some of these vention. The Chicago Police Department bureaucratic barriers. It cuts the au- horrendous attacks. Ask them if they uses its funding to train staff to assist victims of domestic abuse in an effort to pro- thorization level for VAWA by more think this is needed. Ask those who than $135 million a year, a decrease of vide the best resources to these victims. have been protected from further abuse nearly 20 percent from the last reau- These are just a few examples of the vital because of the steps we have taken in thorization. We will still provide suffi- services and assistance that this landmark law has enabled communities all over the cient authority to fund VAWA pro- the Violence Against Women Act—ask them if we need it. country to provide to combat this terrible grams at over $400 million a year, problem. which is consistent with the funding The Presiding Officer and the other Despite the progress that has been made, level provided in the appropriations 98 Senators come in this building and much more needs to be done. Still today, bill for the coming year. Our legisla- we are protected by one of the finest nearly one in five women have been sexually tion also includes significant account- police forces that exists, the Capitol assaulted or raped in their lifetime, and 45 percent of the women killed in the United ability provisions, including audit re- Hill Police force. We don’t have to quirements, enforcement mechanisms, States die at the hands of an intimate part- worry; nobody is going to attack us. In ner. This level of violence is simply unac- and restrictions on grantees and costs. the Presiding Officer’s State and my ceptable. We believe that S. 1925—like the Since its introduction last November, State and all of the other States, un- 2000 and 2005 reauthorizations that preceded more than 700 State and national orga- fortunately, thousands of people can- it—will help us better address continuing nizations have written to endorse the not rest easily that way. They know problems and remaining unmet needs. This Violence Against Women Reauthoriza- legislation will expand services to immi- tion Act. They are 200 national organi- their attacker and often they know grant and lesbian, gay, and transgendered zations, including 500 State and local their attacker is waiting to do it again. communities, who not only experience the organizations—the National Task We can easily stand up and say here in highest rates of violence but often have the Force to End Sexual and Domestic Vio- the Senate: No, we won’t stand for this most difficulty in accessing services. in rec- violence against women. Let’s take the ognition of the persistent problem of sexual lence, the National Association of At- violence, S. 1925 also will strengthen the ca- torneys General, the National District steps that we can take, the men and pacity of local, state, and federal law en- Attorneys’ Association, the National women in this body. Let’s take the forcement to investigate and prosecute these Sheriffs’ Association, the International steps we can take to stop the violence. crimes. While these tools will be essential in

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achieving justice, they are also a reminder of ciplines in order to effectively prosecute and EXHIBIT 2 the wide impact that domestic violence has punish perpetrators, as well as help victims STATEMENT OF ADMINISTRATION POLICY on the community at large including law en- heal and rebuild their lives. S. 1925—VIOLENCE AGAINST WOMEN There is a growing consensus among prac- forcement. In each of our cities, police offi- REAUTHORIZATION ACT OF 2011 cers have been injured or murdered while re- titioners and researchers that domestic vio- (Sen. Leahy, D–VT, and 60 cosponsors, Apr. sponding to domestic violence incidents. lence homicides are predictable and, there- 23, 2012) For these reasons, we believe that it is fore, often preventable. We can save the lives critical that the Senate move quickly to of untold numbers of potential homicide vic- The Administration strongly supports Sen- take up and pass S. 1925 in order to strength- tims with better training for advocates, law ate passage of S. 1925 to reauthorize the Vio- en our national commitment to all victims enforcement, and others who interact with lence Against Women Act, a landmark piece of domestic violence. victims to recognize the warning signs and of bipartisan legislation that first passed the Sincerely, react meaningfully. Congress in 1994 and has twice been reau- RAHM EMANUEL, The fight to protect women from violence thorized. That Act transformed the Nation’s Mayor, City of Chi- is one that never ends. It is not a year-to- response to violence against women and cago. year issue, which is why we think it is crit- brought critically needed resources to States and local communities to address these ANTONIO R. VILLARAIGOSA, ical that Congress reauthorize the Violence Mayor, City of Los Against Women Act. We know a great deal crimes. The Administration is pleased that S. 1925 Angeles. more about domestic violence, dating vio- continues that bipartisan progress and tar- MICHAEL R. BLOOMBERG, lence, sexual assault and stalking than we gets resources to address today’s most press- Mayor, City of New did 17 years ago. Reauthorizing VAWA will ing issues. Sexual assault remains one of the York. allow us to build on those lessons and continue to make progress and save lives. most underreported violent crimes in the country. The bill provides funding through NATIONAL ASSOCIATION VAWA was last reauthorized in 2006 and State grants to improve the criminal justice OF ATTORNEYS GENERAL, time is of the essence for reauthorization of this important law. We urge Congress to response to sexual assault and to better con- Washington, DC, January 11, 2012. nect victims with services. The bill also DEAR MEMBERS OF CONGRESS, Since its pas- take on this critical mission and reauthorize seeks to reduce domestic violence homicides sage in 1994, the Violence Against Women VAWA. and address the high rates of violence experi- Act (‘‘VAWA’’) has shined a bright light on Thank you. enced by teens and young adults. Reaching domestic violence, bringing the issue out of Sincerely, young people through early intervention can the shadows and into the forefront of our ef- Joseph R. ‘‘Beau’’ Biden III, Delaware At- break the cycle of violence. forts to protect women and families. VAWA torney General; Arthur Ripley Jr., American Samoa Attorney General; Dustin McDaniel, The Administration strongly supports transformed the response to domestic vio- measures in S. 1925 that will bring justice to lence at the local, state and federal level. Its Arkansas Attorney General; John W. Suthers, Colorado Attorney General; Irvin Native American victims. Rates of domestic successes have been dramatic, with the an- violence against Native American women are nual incidence of domestic violence falling Nathan, Washington DC Attorney General; William J. Schneider, Maine Attorney Gen- now among the highest in the United States. by more than 50 percent. The bill builds on the Tribal Law and Order Even though the advancements made since eral; Tom Horne, Arizona Attorney General; Kamala Harris, California Attorney General; Act—which President Obama signed on July in 1994 have been significant, a tremendous 29, 2010—to improve the effectiveness and ef- amount of work remains and we believe it is George Jepsen, Connecticut Attorney Gen- eral; Pam Bondi, Florida Attorney General; ficiency of tribal justice systems and will critical that the Congress reauthorize provide additional tools to tribal and Fed- VAWA. Every day in this country, abusive Sam Olens, Georgia Attorney General; David Louie, Hawaii Attorney General; Lisa Mad- eral prosecutors to address domestic vio- husbands or partners kill three women, and lence in Indian country. The Administration for every victim killed, there are nine more igan, Illinois Attorney General; Tom Miller, Iowa Attorney General; Jack Conway, Ken- also supports the important leadership role who narrowly escape that fate. We see this of the Office on Violence Against Women and realized in our home states every day. Ear- tucky Attorney General. Douglas F. Gansler, Maryland Attorney believes that all victims should have access lier this year in Delaware, three children— to critically needed services and protections. 1 1 General; Bill Schuette, Michigan Attorney ages 12, 2 ⁄2 and 1 ⁄2—watched their mother be beaten to death by her ex-boyfriend on a General; Jim Hood, Mississippi Attorney f General; Steve Bullock, Montana Attorney sidewalk. In Maine last summer, an abusive TRIBUTE TO CHARLES COLSON husband subject to a protective order mur- General; Catherine Cortez Masto, Nevada At- dered his wife and two young children before torney General; Jeffrey Chiesa, New Jersey Mr. BLUNT. Mr. President, I wish to taking his own life. Attorney General; Lenny Rapadas, Guam At- talk for a few minutes about Chuck Reauthorizing VAWA will send a clear torney General; Lawence Wasden, Idaho At- Colson, who was a friend of mine and message that this country does not tolerate torney General; Greg Zoeller, Indiana Attor- the founder of Prison Fellowship Min- violence against women and show Congress’ ney General; Derek Schmidt, Kansas Attor- istries. He died on Saturday at 80. commitment to reducing domestic violence, ney General; James ‘‘Buddy’’ Caldwell, Lou- Before Chuck Colson was 40, he was isiana Attorney General; Martha Coakley, protecting women from sexual assault and counselor to the President of the securing justice for victims. Massachusetts Attorney General; Lori Swan- VAWA reauthorization will continue crit- son, Minnesota Attorney General; Chris United States, Richard Nixon. At about ical support for victim services and target Koster, Missouri Attorney General; Jon that same time, about the time he was three key areas where data shows we must Bruning, Nebraska Attorney General; Mi- 40, he pled guilty to offenses related to focus our efforts in order to have the great- chael Delaney, New Hampshire Attorney the Daniel Ellsberg break-in. When he est impact: General; Gary King, New Mexico Attorney did that, I am told, even though his Domestic violence, dating violence, and General. lawyers advised him not to plead guilty Eric Schneiderman, New York Attorney sexual assault are most prevalent among at that moment, he said pleading young women aged 16–24, with studies show- General; Wayne Stenehjem, North Dakota ing that youth attitudes are still largely tol- Attorney General; Mike Dewine, Ohio Attor- guilty was ‘‘the price I had to pay to erant of violence, and that women abused in ney General; John Kroger, Oregon Attorney complete the shedding of my old life to adolescence are more likely to be abused General; Guillermo Somoza-Colombani, be free to live the new life.’’ In June of again as adults. VAWA reauthorization will Puerto Rico Attorney General; Alan Wilson, 1974, he began to serve his prison sen- help us break that cycle by consolidating South Carolina Attorney General; Robert E. tence. and strengthening programs aimed at both Cooper, Jr., Tennessee Attorney General; What was the new life? In August of prevention and intervention, with a par- Mark Shurtleff, Utah Attorney General; Vin- 1973, Chuck Colson’s good friend Tom ticular emphasis on more effectively engag- cent Frazer, Virgin Islands Attorney Gen- Phillips had counseled with him, and eral; Darrell V. McGraw, Jr., West Virginia ing men and local community-based re- that was the moment Chuck Colson sources in the process. Attorney General; Greg Phillips, Wyoming A woman who has been sexually assaulted Attorney General; Roy Cooper, North Caro- said he decided his life would be led as can be subjected to further distress when the lina Attorney General; Edward T. Bucking- a Christian, that he would surrender healthcare, law enforcement, and legal re- ham, Northern Mariana Islands Attorney his life to the Christian view and the sponse to her attack is not coordinated and General; Scott Pruitt, Oklahoma Attorney Christian belief. He personally told me productive. Whether it is a first responder General; Linda L. Kelly, Pennsylvania Attor- at one time that it was T.S. Eliot’s without adequate training, a rape kit that ney General; Peter Kilmartin, Rhode Island writing ‘‘Mere Christianity’’ that then goes unprocessed for lack of funding, or a Attorney General; Marty J. Jackley, South later became the intellectual basis for phone call between a crisis counselor and a Dakota Attorney General; Greg Abbott, prosecutor that never takes place, sexual as- Texas Attorney General; William H. Sorrell, his faith. But initially his faith was sault victims deserve better. We must de- Vermont Attorney General; Rob McKenna, needed more than he clearly under- velop and implement best practices, train- Washington Attorney General; J.B. Van Hol- stood he had, and he found that in his ing, and communication tools across dis- len, Wisconsin Attorney General. faith. It was an active faith.

VerDate Mar 15 2010 05:12 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.038 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2595 I am constantly amazed that an ac- has included the counties of Pulaski, birthday on April 25. Happy birthday, tive God can take the bad decisions Lincoln, and Rockcastle, Danny’s na- Danny; I truly wish you and your fam- people make and, while God would not tive county. However, Representative ily all the best. have wanted those to be the decisions Ford has decided his time in Frankfort, At this time I would like to ask my people make, can turn them into in- the State’s capital, will end with his colleagues in the U.S. Senate to join credible opportunities. In the life of current term. But based on the out- me in commemorating Kentucky State Chuck Colson, that incredible oppor- standing service to constituents he is Representative Danny Ford for his con- tunity became the founding of Prison known for, I say with confidence today tributions to the citizens of the 80th Fellowship Ministries and the impact that if Danny had decided to run again District and the great Commonwealth it had on so many other Lives. he would have most assuredly won. of Kentucky. Twenty years ago, I became the first There are few men finer than Danny, Recently an article was printed in chair of the Missouri Prison Fellow- a hard-working, honest family man and the Central Kentucky News high- ship. As Chuck Colson was reaching a devoted student of the State govern- lighting the distinctive achievements out and trying to see how this idea ment process. An auctioneer and real- and honorable service of Representa- could become an idea that would sus- estate agent by trade, Danny has tive Danny Ford during his time in tain itself and perhaps in the future worked alongside members of his fam- public office. I ask unanimous consent within States. As a House Member, 10 ily in their various Mt. Vernon busi- that article be printed in the RECORD. years ago, I hosted a speakers series nesses throughout his life. As the There being no objection, the mate- that was the Chuck Colson speakers se- grandson of a former Rockcastle coun- rial was ordered to be printed in the ries, and I was able to spend time with ty judge, he is most at home when he is RECORD, as follows: him virtually every week for 2 or 3 at home, amongst the citizens of the [From the Central Kentucky News, months as we had people come in and 80th District whom he cares about so Jan. 28, 2012] visit with House Members in a great deeply. REP. DANNY FORD CALLING IT QUITS AFTER 30 speaker series. Danny has said that ‘‘the greatest YEARS IN FRANKFORT I personally benefited from lots of part of my job has been helping my (By Todd Kleffman) advice and discussions with him. Just constituents find their way through Even before the House had voted to ap- to sum up a couple things about him as the mazes of State government.’’ And prove the redistricting plan that would re- I reach a conclusion that doesn’t begin that is exactly what Danny did. He be- shape Danny Ford’s 80th District, the auc- lieves in the philosophy of being atten- tioneer from Mount Vernon grew wistful, to express the impact he had on peo- foreshadowing the end of his 30-year legisla- ple’s lives. tive and accessible. No matter what, tive career before he announced his retire- He founded Prison Fellowship Min- you could always count on Danny to be ment. istries in 1976. He founded Justice Fel- ready and willing to listen to any and As he was railing against the Democrats’ lowship in 1983. They have both grown all of his constituents’ concerns. redistricting plan on the House floor, Ford to serve literally thousands of pris- Danny is truly a one-of-a-kind elect- took time to ‘‘thank the people of Lincoln oners in this country and around the ed official. He has his own style of poli- County for allowing me to serve as their world. Prisons around the world saw ticking that sets him apart from all state representative for all these past many years.’’ Chuck Colson walk into them as well the rest. He was known for operating in After the plan—which basically removed to try to help people. a low-key style because he felt that if Lincoln from the 80th District and replaced In 1993, he won the Templeton Prize you drew attention to yourself, you it with Casey County and pieces of Madi- for Progress in Religion; in 1994, he was would become a distraction. Danny son—was approved, Ford let it be known that instrumental in drafting the publica- tried to stay out of the spotlight, but this would be his last term, ending his run as tion and publishing a document called that is not to say it was because he the longest-serving Republican in the state- the ‘‘Evangelicals and Catholics To- wasn’t getting things done. house since 1900. He was able to push legislation that ‘‘That new district covers 125, 150 miles in- gether.’’ In 2008, he was awarded the stead of 50 or 60,’’ he said. ‘‘It’s going to be Presidential Citizen Medal by Presi- fixed key issues for the people of south- a lot more difficult to serve.’’ dent George W. Bush, and he is sur- eastern Kentucky. He helped to build ‘‘That has been the greatest part of this vived by a family who cared about him interstates, repair infrastructure, build job, helping my constituents find their way and lots of friends. the Kentucky Music Hall of Fame in through the mazes of state government,’’ he For almost 40 years, starting with Mt. Vernon, and pass legislation that said last week while spending the day with a the Mike Wallace interview—as I sup- would make police cruisers more safe reporter at the Capitol. for the officer by adding cages sepa- Despite his lengthy time in office, Ford pose only Mike Wallace could inter- never became a household name to folks out- view someone—there were doubters and rating the front and back seat. It is side Frankfort. That’s due in part to his own skeptics who questioned his faith, who safe to say that Danny Ford truly low-key style and the fact he toiled for the questioned the change in his life begin- cared about the people of the 80th Dis- minority party in the House, which is akin ning in 1973, but of course, they ques- trict. to being invisible, even if you are part of the tioned it less so every year. I would During his time in the Kentucky Republican leadership. Ford currently serves say, in 2012, that Chuck Colson passed House of Representatives, Danny held as minority whip, a position he also held in any test about whom he had become. such titles as Republican floor leader 1993 to 1994, and was his party’s floor leader from 1995 to 1998. He is the senior member of The test is both past, P-A-S-T, and from 1995 to 1998, Republican minority whip from 1993 to 1994, and now again the House Budget and Appropriations Com- passed, P-A-S-S-E-D. He won the race. mittee. Lives continue to be changed, and I in 2011. He also was the longest serving ‘‘I try not to be out front too much. That’s would just say, I thank God for Chuck Republican in the statehouse since not my style,’’ Ford said. ‘‘When you draw Colson, and I thank my good friend 1900. Danny was looked to as a leader attention to yourself, you become a distrac- from Vermont for giving me a few mo- by both sides of the aisle. His opinion tion. Sometimes it’s gentle persuasion that ments on the floor. was greatly respected by the right and can make a difference.’’ the left. And you can bet that when Al Cross, the long-time political writer for f the Courier-Journal who now heads the In- Danny Ford stood up to give a speech, stitute for Rural Journalism at the Univer- TRIBUTE TO KENTUCKY STATE every ear tuned in so as not to miss a REPRESENTATIVE DANNY FORD sity of Kentucky, has observed Ford in ac- single word of his eloquent preacher- tion during all his time in Frankfort. Mr. MCCONNELL. Mr. President, I style delivery. ‘‘He has been like a lot of Republican rep- stand before you today to call atten- In one of Danny’s final interviews resentatives: he’s not that interested in gov- tion to the great service of my dear with Kentucky Educational Television, ernment doing much, so he didn’t push a lot friend, State Representative Danny Danny said that after he retires he of legislation, and, being in the minority, he Ford of Mt. Vernon, KY. would like to return to work as an auc- wasn’t interested in jumping through a lot of Democratic hoops,’’ Cross said. ‘‘If you’re Danny was elected to the Kentucky tioneer, watch his grandson’s basket- not in the majority, there’s not a lot you can House of Representatives for the first ball games, and spend more time with do.’’ time in 1982. He represents the 80th his family. And it is my understanding ‘‘If you ask people around Frankfort, District, which for most of his tenure that he will be celebrating his 60th they’d probably remember Danny most for

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He was already neighboring 54th District that covers Boyle CENTER FOR AUTISM established in his native Rockcastle County, County said Ford’s values, experience and Mr. MCCONNELL. Mr. President, I where his grandfather had been county judge ability to work both sides of the aisle will be rise today to pay tribute to an innova- and his family operated a variety of busi- missed. nesses, including Ford Brothers Inc., an auc- ‘‘Danny’s a great guy, very conservative,’’ tive, beneficial, and truly essential or- tion and real-estate company that also has Harmon said. ‘‘He fought for whatever con- ganization in a quest to better under- an office in Pulaski County, a part of which cerned his district, whether it was roads or stand and serve fellow Kentuckians di- comprises the 80th District. water or whatever. He could probably have agnosed with autism: the Highlands If he was going to win the seat in his first easily won his new district. He was very well Center for Autism in Prestonsburg, run for political office, Ford figured he need- liked. There’s always going to be some chal- Kentucky. ed to step outside of his comfort zone. He lenges when you’re in the minority, but I The Highlands Center for Autism is spent little time campaigning in Rockcastle think that he was respected by both sides.’’ making great progress in an attempt to Ford said patience and a willingness to and Pulaski, focusing his effort almost en- better comprehend the extent of a con- tirely on Lincoln County, where he was vir- compromise are necessary traits to be an ef- tually unknown. fective legislator. It’s important not to com- dition which many people are unfa- Daly Reed, a soil conservation agent who mit to a position too soon, before under- miliar with. Autism is a term used to died in 1989, greased Ford’s path in Lincoln standing both sides, he said, and sometimes describe complex developmental brain County. The two had only met briefly the it’s a long road to seeing a project com- disorders that young children are most year before at a Republican function but pleted. likely to show symptoms of during formed an alliance that Ford credits with As an example, Ford said the improve- their first few years of life. The Centers launching his political career. ments to U.S. 150 from Stanford to Mount for Disease Control has released a sta- ‘‘We just hit it off. We went door-to-door, Vernon began during Wallace Wilkinson’s tistic that predicts 1 out of every 90 from 8 in the morning to 8 at night,’’ Ford administration in the late 1980s. ‘‘They said recalled of that first campaign with Daly. they were going to start it in Stanford, and children will be diagnosed with autism. ‘‘He knew everybody and their family tree. I said I didn’t care where we started as long Not even 10 years ago, fewer people had When he’d introduce me, he’d say, ‘This is as we got it done. And we’ve just now gotten ever heard of autism, and if they had, Danny Ford, my adopted son.’ ’’ it finished.’’ they probably didn’t understand the Ford carried Lincoln County that year and Of all the governors he served under, Ford full extent of it. Now with new cases has been nearly unchallenged ever since. Of said he had the most trouble with Wilkinson, being diagnosed each day, under- 30 primary and general elections that have the Casey County upstart who surprised a standing autism is becoming increas- passed since he first took office, Ford has field of better known Democrats in 1987. It ingly more important. only faced opposition four times and only was Wilkinson’s political strategist, James Therefore, now more than ever, there once failed to win Lincoln. That was in 2002, Carville, who later went on to national fame when Stanford attorney Paul Long won the as the architect behind Bill Clinton’s two is a need for contributions from organi- battle on his home turf but couldn’t over- runs for the presidency, who made Ford un- zations like the Highlands Center for come Ford in Rockcastle and Pulaski. easy. Autism. The professional team at the ‘‘I’ve been very fortunate,’’ he said. ‘‘I never established much of a relationship Highlands Center uses the break- During the ensuing years in Frankfort, with Governor Wilkinson, but that was prob- through Applied Behavior Analysis— Ford said he took most of his cues on bills to ably because I did not like James Carville ABA—method, which has been proven sponsor from people and events in his dis- one bit,’’ Ford said. ‘‘He was the most wicked to dramatically reduce symptoms and trict. He recalled a devastating crash that man I’ve ever been around in my life.’’ claimed two lives in Rockcastle County Ford arrived in Frankfort at the end of improve life quality. Dr. Shelli Deskins when a man who had been arrested for a DUI John Y. Brown’s term. Things have changed of Paintsville, KY, has experience climbed over the backseat and com- considerably since then, he said. working with the ABA method. She mandeered a state trooper’s cruiser and ‘‘It was much more of a partying institu- previously worked with victims of drove it the wrong way on Interstate 75. tion back then, a lot of drinking and carous- post-traumatic stress disorder in Haz- That led to legislation requiring all law-ening and card playing. The legislature is more ard, KY. Since her tenure began at the forcement vehicles to be equipped with sober-minded now, more conscientious about Highlands Center in January 2009, she cages, he said. doing its job.’’ has worked fervently to transform it He credited Martha Layne Collins for Toy- In the current session, Ford is sponsoring a into the successful organization it is bill to outlaw the sale of so called ‘‘bath ota, ‘‘an industry that changed this state salts,’’ potent amphetamine powders that forever.’’ Of Brereton Jones, Ford said, ‘‘He today. people inhale to get high and thus often end was a straight shooter.’’ He described Paul The truly one-of-a-kind Highlands up in the hospital. Varieties of the product Patton as ‘‘very sincere. Nobody treated me Center is a private, year-round day have been legally sold at D&M Market in more fair.’’ Ernie Fletcher, the only Repub- school that serves as a beacon of hope Crab Orchard and other places around the lican, ‘‘tried to help and got some good and respite for the students enrolled state. things done,’’ but was handcuffed by his mi- and their families. The Center operates ‘‘I’ve got a number of calls from Lincoln nority status. Beshear ‘‘has been good to on the ideal that all children deserve County that a lot of kids are fooling with work with,’’ Ford said. the opportunity to laugh and play to it,’’ he said. After finishing this session and a possible Ford is also pushing a bill that will make special session, Ford, who will be 60 in April, become healthy, happy, and productive products containing pseudoephedrine avail- said he is looking forward to working full- adults. The staff and volunteers pro- able by prescription only as a way to curtail time with his son in the real estate and auc- vide an optimistic outlook for those the state’s epidemic methamphetamine tion business. His 30 years in the legislature enrolled, and provides their families abuse. He is dead-set against a ballot meas- have earned him an annual pension of about with home visits and frequent reports ure to amend the constitution to allow gam- $40,700, slightly less than his highest salary on each child’s daily progress. bling. as a representative—$41,039—which he is I am honored to be able to have the ‘‘I would hate to see our state revenue being paid this year, according to the Ken- opportunity to stand before my col- based on something so volatile,’’ he said of tucky Legislators Retirement Plan. leagues of the United States Senate the expanded gaming issue. ‘‘I’m very con- He has no plans on getting involved in cerned about the kind of influences that will choosing his successor in the 80th District, and honor the tremendous work being be trying to pass this thing.’’ though he said he will support someone who done by the Highlands Center for Au- Taking a stance against gambling is right shares his conservative ideals if such a can- tism. It is inspiring to know that an in- up Ford’s alley. He doesn’t shy away from didate emerges. stitution involved with making sci- the socially conservative hot-button battles When asked what advice for a long polit- entific strides such as this is located in against gambling, abortion, and gay mar- ical career he might whisper in the ear of the the great Commonwealth of Kentucky. riage. His front-and-center role in creating a person who takes his place, Ford kept it sim- I would like to thank those involved constitutional amendment to ban gay mar- ple, in keeping with his style. riage and civil unions in Kentucky, which ‘‘Be attentive and be accessible. I came with the Highlands Center for Autism was approved overwhelmingly by voters in into this with the attitude of making sure I and congratulate them for their unpar- 2004, was the most intense experience in listened to what people had to say, and now alleled dedication and service to this Frankfort, he said. that I’ve been up here and experienced the cause.

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.012 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2597 There was recently an article pub- search-based program specifically for chil- REMEMBERING STACEY SACHS lished in an eastern Kentucky maga- dren diagnosed with autism did not exist Mr. KERRY. Mr. President, at its anywhere in or near Kentucky, Highlands zine, the Sentinel-Echo: Silver Edition, best, the Senate is an extended fam- which gave the public a glimpse into was prompted to move toward fulfilling this need. Their research also indicated that the ily—we spend an unbelievable amount the groundbreaking work being done Cleveland (Ohio) Clinic Center for Autism of- of time working here, Senator to Sen- by the Highlands Center for Autism. fered one of the most prestigious treatment ator, staff to staff. And in the course of Mr. President, I ask unanimous con- programs in the country. After a visit to the those efforts, we get to know each sent that the article be printed in the Clinic by a group of representatives, High- other not as members of a party or as RECORD. lands was ready to work towards estab- ideological caricatures or cutouts but There being no objection, the article lishing the first program of its kind in Ken- as people. In particular, we get to know was ordered to appear in the RECORD as tucky. and appreciate on a personal level not follows: A community meeting revealed an aston- just our staff but the staffs of our State [From the Sentinel-Echo: Silver Edition, ishing amount of support from local fami- delegations. There are staffers from the Nov. 2011] lies, schools, health departments, social- service agencies and government officials, Massachusetts delegation who have HIGHLANDS CENTER FOR AUTISM leading to Highlands entering into a con- been here as long as I have. And cer- Kathy sits almost still at her desk as her sulting agreement in September of 2008 with tainly on my late colleague Ted Ken- teacher writes a word on an erasable pad, the Cleveland Center for Autism to work to- nedy’s staff there were professionals I shows it to Kathy and says, ‘‘wagon.’’ The 8- ward the goal of ‘‘mirroring’’ Cleveland’s knew as friends and turned to as easily year-old little girl looks at the word and re- program in Prestonsburg. as Teddy himself did for so many years. peats, ‘‘wagon.’’ ‘‘Good saying ‘wagon!’ ’’ her Highlands owned an apartment building That is why I know Ted himself teacher praises. near the hospital which became the Center’s would be here this morning doing what Five-year-old Jerry sways a bit back and facility. Next began the search for a director I am doing in his place, which is ac- forth, making noises his teacher doesn’t unfor the program. Another one of those ‘‘mir- derstand. ‘‘Use your iPad to tell me what knowledging with sadness the passing acles’’ happened when they found Dr. Shelli on Saturday, April 21 of Stacey Sachs— you want,’’ she softly tells him. He points to Deskins, a Paintsville native who was work- icons on the device’s screen and the words I a longtime health care staffer for Ted— ing in Hazard treating children with post- whom we lost to complications from a WANT A DRINK OF WATER appear. ‘‘Good traumatic stress disorder and who had an making a sentence!’’ she compliments. impressive educational background and ex- hard-fought battle with cancer. Stacey Kathy and Jerry are students at the High- perience in ABA. was just 50 years old. lands Center for Autism, and there is more For many of us, Stacey was a steady than one amazing achievement going on Dr. Deskins was approached by the hos- and unchanging sight in this ever- here. It is amazing that Kathy is able to sit pital in November of ’08. She began at High- lands in January of ’09 as the Center’s only changing institution. She spent more still and to read; it is amazing that Jerry is than a decade on Capitol Hill as senior able to communicate his needs, and it is employee and with her office in a former ele- truly a miracle that the Center exists at all. vator shaft in the main hospital building! health counsel on the Senate Health, Autism is a term used to describe a group Aided by Karen Sellers, assistant to Education, Labor, and Pensions, HELP, of complex developmental brain disorders Highlands’s president, Dr. Deskins set about Committee. She came to the Hill to that typically appear during the first three creating the Center for Autism. She did ev- play a role in making universal health years of life. Very skilled professionals often erything from helping with facility renova- care reform a reality; her life’s work— can see autism signs as early as six months, tion, writing and establishing procedures, or- as it was for Ted—is a legacy she leaves dering supplies, interviewing and hiring but children are often not diagnosed until 12 behind that should be a gift to last. to 18 months, and many times much later. staff, finding children anything necessary to create an outstanding and one-of-its-kind, But it is not her only legacy. Over Symptoms manifest a wide spectrum of be- the years, I came to know Stacey, and haviors impacting development of social facility-based treatment center. Even interaction and communication skills. Every though she was already trained in ABA and I came to know firsthand so much of individual is affected differently. Many need had a doctoral degree, she also spent six what impressed and inspired her to be taught what most people consider basic weeks at Cleveland’s Center to thoroughly friends and her colleagues: her health behaviors—nodding yes or no, making eye absorb their program’s procedures. care expertise, her honesty, and her contact, eating with utensils, playing, potty From the beginning, Dr. Deskins and High- dedication. She devoted her career to training. lands have insisted that the Center be ‘‘The making sure Americans had access to As recently as 10 years ago, the majority of Best,’’ with no shortcuts or cutting corners. health care coverage. It was that sim- people were completely unaware of the con- The original staff went to the Cleveland ple. For her, that work was personal. It dition. Today, however, public awareness has Clinic for two weeks to train in the Clinic’s risen as more children are being diagnosed, methods and learn their procedures, and was not statistics or spreadsheets or dramatically increasing the number of af- Cleveland staff members followed them back the arcane minutiae of legislation. For fected families. According to the Centers for to Prestonsburg to help open the Center. The Stacey, she cared first and foremost Disease Control, one out of every 90 children Highlands Center staff continues with fol- about the effect public policy has on will be diagnosed with autism. There is no low-up training periodically. The children at everyday Americans, and she touched known cause or cure, and children do not Highlands receive one-on-one attention from the lives of countless people who never ‘‘outgrow’’ it, but research has shown that the highly trained and dedicated instructors. met her. But every American, in part, early intervention using Applied Behavior Dr. Deskins says staff members know very can thank her for real changes that Analysis (ABA) has a dramatic impact on re- quickly if working with children diagnosed ducing symptoms and improving life quality. with autism is something they want to do. made their lives better. I am not just talking about legisla- A major problem with achieving that cru- The Center for Autism is a private, year- cial early intervention is a lack of facilities tion, but I could be. Stacey’s outsized round day school and has seven students en- role in the Medicare Modernization Act providing help, especially in communities rolled at this time, but expects to be at their outside major metropolitan areas. Even get- capacity of 10 by summer. Currently, the of 2003 and the recently enacted Afford- ting into a diagnostic program can take a children range in age from 3 to 14, and in- able Care Act of 2010 were just two ex- year or longer. Many families who can afford clude students whose families have moved amples of the ways she focused and it move near a treatment center in order to here from Alabama, Virginia, and Texas. made a real difference on a wide range get help for their children. of issues during her time on the HELP In early 2008, a group of local families ap- The Highlands Center is not a place where proached Highlands Health System with the you can drop off your child to be ‘‘fixed’’ it Committee. She worked on Medicare idea of forming a partnership to establish a requires total commitment from the parents. prescription drugs, Medicare reim- local center for ABA treatment for their Home visits are made by Dr. Deskins and bursement, health insurance coverage children who had been diagnosed with au- each child has a data book recording daily and reimbursement, Medicaid, the tism. They had been primarily on their own, progress. Home communication notes are Health Insurance Portability and Ac- sent home on a daily basis. searching first for a diagnosis of what was countability Act, and the Employee happening to their children and then, after The Center is guided by the principle that Retirement Income Security Act. In diagnosis, seeking treatment. They knew all children deserve the opportunity to laugh each instance and every effort, Stacey that ABA is a proven, evidence-based treat- and play and to become healthy, happy, and ment with decades of solid scientific re- productive adults. The Highlands Center for brought to the task at hand not just search supporting its effectiveness. Autism is well on its way to becoming a re- her policy expertise but her compas- After their meeting with the parents and gional and national resource for the diag- sion and professionalism. The same additional research revealing that a re- nosis and treatment of children with autism. could be said about an effort that came

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.013 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2598 CONGRESSIONAL RECORD — SENATE April 23, 2012 to be associated with Ted Kennedy and NCADD has been working to raise pub- States and keep our children from the then-Governor Romney but with which lic awareness and understanding of al- harmful, lasting effects of alcohol Stacey was unbelievably engaged: the coholism, specifically to reduce the abuse. development of the Massachusetts stigma associated with alcoholism, f health reform law in 2006. That law which too often prevents individuals TRIBUTE TO DR. RELLA P. provided the Commonwealth with the and families from admitting abuse and CHRISTENSEN highest rates of health care coverage in finding resources to help. the Nation and served as the blueprint According to NCADD, more than 18 Mr. HATCH. Mr. President. I am hon- for national health reform. While the million individuals, or 8.5 percent of ored today to be able to pay tribute to rate of the uninsured grew by millions Americans, suffer from alcohol-use dis- a truly remarkable woman, and world- in our country, today in Massachu- orders. In addition to those directly af- renowned dental consultant—Dr. Rella setts, 98.1 percent of our residents have fected by alcohol, there are millions P. Christensen. Appropriately, at its health insurance, including 99.8 percent more who feel the effects of alcohol 35th Anniversary Celebration in Las of our children. And if Ted Kennedy abuse by a loved one in their everyday Vegas, on May 18, 2012, the Board of Di- were here today, I know he would share lives—spouses, children, other family rectors of the CR Foundation will with all of us that without Stacey, it members, and friends. The prevalence honor the life’s work of Dr. wouldn’t have gotten across the finish of alcohol abuse in this country is as- Christensen. line. tounding, with one out of every four Born on September 27, 1938, Rella re- Still, there was more to Stacey than U.S. children having been exposed to ceived a Bachelor of Science in Dental big legislation. She saw government alcohol-use disorders in their family. Hygiene from the University of South- and public service not just with a One of the most troubling aspects of ern California in 1960, and practiced human face but on a human scale. De- alcoholism is that it often has severe dental hygiene for more than 25 years. spite the breadth of her legislative effects on those closest to the person She established and became the Direc- portfolio, Stacey became most widely addicted and their community. It takes tor of the Bachelor’s Degree in Dental known among fellow staffers, constitu- an enormous emotional, physical, and Hygiene at the University of Colorado ents, and friends for her ability and financial toll on the family members of in 1970. Later, in 1986, she earned a PhD willingness to help individual patients those addicted to alcohol. Statistics in physiology, with an emphasis on identify and secure the personal health show that 75 percent of domestic abuse microbiology, from Brigham Young care services they desperately needed is committed while one or both mem- University and completed a post-grad- in times of crisis. She was the person bers are intoxicated, and family mem- uate course in anaerobic microbiology you turned to when someone could not bers utilize health care twice as much at Virginia Polytechnic State Univer- find the right doctor, reach the right as families without alcohol problems. sity. specialist, or make an insurance com- This year’s theme, ‘‘Healthy Choices, Rella co-founded Clinical Research pany do the right thing. And whether Healthy Communities: Prevent Under- Associates, now known as the CR that person was from Massachusetts or age Drinking,’’ is meant to draw par- Foundation, in 1976 with her husband Montana, Stacey fought for them with ticular attention to the severe impact Gordon, a world renowned and re- the same ferocity as she would have for that alcohol and alcohol-related prob- spected dentist and educator. For 27 Ted Kennedy or for the most landmark lems have on young people, their years Rella directed this influential piece of legislation because for Stacey friends, their families, and as a result, dental products testing institute as a Sachs, it was pretty fundamental—if our communities. Underage drinking is full time volunteer. Her additional re- you were in government to solve big quickly becoming a serious concern in sponsibilities included being the lead problems for the whole country, why my home State of Hawaii, and across researcher and Editor-in-Chief of the wouldn’t you work equally hard to the country. CRA Newsletter which was published in solve those problems for the average Alcohol is currently the No. 1 drug of 10 languages under her leadership with person who came to you looking for choice for America’s young people, a worldwide circulation in 92 countries. help? higher than tobacco, marijuana, or She went on to serve as Chairman of Mr. President, as so many know, other illicit drugs. Teens who begin CR’s Board of Directors for 2 years. after Senator Kennedy passed away, drinking before age 15 are four times Currently she volunteers as the team Stacey continued her Senate service more likely to develop alcoholism than leader of Technologies in Restoratives working for Chairman HARKIN on the their peers who wait until the age of 21. and Caries Research section of CR. HELP Committee. She was determined Unfortunately, underage drinking is Rella has been a steady, humble, but to finish the job of health reform—and getting worse with 7,000 kids in the significant influence in the profession finish it she did, even as she went on United States under the age of 16 tak- of dentistry, worldwide, for over a to, in a tragic irony, fight her own bating their first drink each day, which third of a century. Helping others in tle for life itself against the same dis- costs the Nation an estimated $62 bil- dentistry to find tools and concepts ease which took Ted Kennedy away lion annually. that really work is a passion for Rella. from us all. To combat this deepening problem She has presented over one thousand Today, we are all fortunate for and curb these disturbing trends, edu- dental continuing education programs, Stacey’s dedication to public service cation, awareness, and prevention pro- totaling over 5,200 hours, at national and the example of her commitment as grams, like the events going on this and international locations. Guided by we continue in the work of her life. month, are critically important. In ad- her research discoveries, lectures, and Stacey was a member of our extended dition, parents can help to reduce their writings, dentists are better able to se- Senate family, but we should remem- children’s risk of problem drinking by cure their own professional develop- ber what she meant not just to us but simply educating their kids and keep- ment and understanding of materials, to her own family. Our thoughts and ing a more watchful eye on them, espe- methods, dental products, and their prayers are with Stacey’s mother, cially as they enter middle schools and own dental missions. Sandy Sachs, and her two brothers, high school. Dr. Rella Christensen has received Bruce and Howard, during this unbe- As we continue to observe this year’s numerous honors for her commitment lievably difficult time. Alcohol Awareness Month, I urge ev- to her field. In 2001 she was selected as f eryone to take an active role in reduc- the Distinguished Alumnus of Brigham ing the incidence of underage drinking Young University’s School of Life OBSERVING ALCOHOL AWARENESS across the country: do not contribute Sciences, and now serves on its Na- MONTH to events where minors and alcohol are tional Advisory Board. Mr. AKAKA. Mr. President, I wish to involved without supervision, be aware In 2002 Rella received an Honorary recognize the 26th Alcohol Awareness of your influence on the children close Doctorate from Utah Valley State Uni- Month this April, sponsored by the Na- to you, and encourage minors to stay versity. In 2011, Rella was named one of tional Council on Alcoholism and Drug alcohol free. Together, we can all help the Dental Products Report ‘‘Top 25 Dependence, Inc., NCADD. Since 1987, to reverse recent trends in the United Women in Dentistry’’ and one of the

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.001 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2599 ‘‘30 Leaders in Dentistry’’ by Takacs There being no objection, the mate- Pure Water taps the sand system because Learning Center. In 2012, she was rial was ordered to be printed in the it costs as little as $150 to produce, install named ‘‘Most Influential Researcher’’ RECORD, as follows: and monitor; requires no moving parts or by Dr Bicuspid.com, an online profes- electricity; and can be built with locally [From the Rutland Herald, Mar. 18, 2012] available materials. Each unit, shaped of sional publication. HOPE FLOWS: VT. NONPROFIT POURS ‘‘PURE concrete or plastic and sized like an office As one of dentistry’s great leaders, it WATER FOR THE WORLD’’ water cooler, is filled with several layers of is with great respect, gratitude, admi- (By Kevin O’Connor) sand and gravel. Pour in water, and the mix- ration, and affection that I pay tribute Rutland resident Carolyn Crowley Meub ture traps microorganisms that, in turn, de- to Dr. Rella P. Christensen. didn’t fret when her hometown turned on its compose other organic material. f faucets two weeks ago to find, due to a water Water that passes through the filter is clear in color, taste and smell. More impor- TRIBUTE TO CAROLYN CROWLEY main break, the usually clean stream down to a dirty trickle. She was flying off to the tantly, it’s rid of up to 90 percent of toxins, MEUB Caribbean—specifically, to Haiti, where the 97 percent of fecal coliform bacteria and 100 Mr. LEAHY. Mr. President, I would situation is even worse. percent of worms and parasites. like to take a moment to pay tribute Meub is one of several prominent ‘‘It’s such a clever, simple concept, and it works,’’ Leahy says. ‘‘You’re employing peo- to Carolyn Meub, Executive Director of Vermonters who’ve recently witnessed the problems of the earthquake ravaged island— ple, they’re earning a living and improving Pure Water for the World, a Vermont- their health.’’ based nonprofit organization that and the solutions of the Green Mountains- based nonprofit Pure Water for the World, Cheney, for her part, was equally im- brings clean water to thousands of fam- which is aiming to pour hope across hemi- pressed by Pure Water posters written in ilies in Honduras and Haiti. spheres to mark United Nations World Water Creole that explain the importance of proper Last week, the White House honored Day on Thursday. hand-washing, hygiene and waste disposal. ‘‘They’re providing really simple tools and Carolyn as one of 10 Rotary Club mem- For most Americans, clean water is a tap educational efforts—the common-sense bers from across the country who are away. But 1 billion people worldwide drink Vermont way—to help make this sustain- improving the lives of others through from contaminated springs and streams, the able,’’ Cheney says. ‘‘They have a great ban- United Nations reports, while 3.5 million volunteer work. Carolyn has trans- ner that says, ‘Clean water is medicine.’ We people die each year from related diseases. formed Pure Water for the World from take it so for granted, but that’s the basic a small Rotary club project into an ef- State Rep. Margaret Cheney, D–Norwich, joined her husband, U.S. Rep. Peter Welch, key to recovery.’’ fective international NGO. Under her Pure Water bubbled up two decades ago D–Vt., in a February tour of the Haitian cap- after Brattleboro dentist Peter Abell trav- leadership, the organization is imple- ital of Port-au-Prince, where, between a con- eled to El Salvador and saw people drinking menting a sustainable model for clean gressional delegation’s visits with the coun- dirty water that caused diarrhea, cholera water programs by building clean try’s president and actor Sean Penn’s relief and dysentery. Abell’s local Rotary club water filtration systems, providing hy- organization, she saw the water challenge went on to raise money to provide clean firsthand. giene education, and installing latrines water in El Salvador and later Honduras, ‘‘It’s the poorest, most chaotic scene in the to improve sanitation. Twenty-thou- then incorporated its volunteer efforts into world,’’ Cheney says of crowded slums sand Honduran families now have ac- the Pure Water nonprofit, which Meub has equipped with little more than rain barrels. cess to clean drinking water, and 1,200 headed from Rutland for the past 10 years. ‘‘The water can be the unknown bearer of schools in Haiti have clean water sys- Pure Water so far has spent at least $5 mil- terrible diseases. Catch them and you can’t lion on projects to provide safe drinking tems and hygiene education curricu- work, you can’t go to school, you can’t real- water—a comparatively small sum compared lums, because of Pure Water for the ly function.’’ with the $20 billion a year the United Na- World. That is no small feat. Organizations like the U.S. Agency for tions estimates it would cost to provide As Carolyn points out, clean water is International Development are working to clean water to everyone on the planet. But a tap away for most Americans, but for help densely populated areas of the globe as Meub notes, helping one family, one that report 75 percent of the problem. But more than three-quarters of a billion of school, one community at a time, ‘‘many that leaves more than 250 million people the world’s people accessing safe water drops of water eventually fill a bucket.’’ without potable water in remote rural set- is a daily struggle. The United Nations Americans, for their part, annually spend tings. Enter Vermont’s Pure Water, which is reports that 3.5 million people die each billions on store-bought bottled water. Con- installing simple, inexpensive household fil- sider what Rutlanders were willing to pay year from diseases related to drinking ters in developing countries in the Caribbean after the city’s recent main break. As Meub contaminated water. and Central America. was packing for her trip, husband William In February, my wife Marcelle vis- Dr. Noelle Thabault, a Burlington native, Meub fielded calls from fellow residents won- ited Port-au-Prince as part of a delega- graduated from the University of Vermont dering how many hours they’d lack water. tion I led with five other Members of College of Medicine before practicing in Rut- He recalled his own travels to Haiti after the land. After a magnitude 7.0 earthquake deci- Congress, where she saw firsthand the earthquake. mated Haiti in 2010, she flew to Port-au- simple, inexpensive household water ‘‘They let me take a shower with a yogurt Prince as a Pure Water volunteer and now filtration systems being built and do- container full of water,’’ the lawyer says. serves as its deputy regional director. nated by Pure Water for the World. ‘‘It’s a whole different experience than any- ‘‘I recognized the role that lack of clean Each unit, the size of an office water one here has any familiarity with. water plays in illness,’’ Thabault recalls of cooler and made of concrete or plastic, That’s why Pure Water is streaming its her knowledge before arriving, ‘‘but I had no message (the latest: Gov. Peter Shumlin will is filled with layers of sand and gravel understanding of the scope of the problem.’’ that trap microorganisms as the water promote World Water Day this week with a Two years in the trenches, Thabault re- proclamation) through Facebook, Twitter passes through. This process of slow cently hosted Cheney and Marcelle Leahy, and the website purewaterfortheworld.org. sand filtration is inexpensive and pro- wife of U.S. Sen. Patrick Leahy, D–Vt. The Says Carolyn Meub: ‘‘Safe drinking water duced from local materials, making it doctor told them that more than 40 percent should be a basic human right.’’ ideally suited for developing countries. of Haitians live without clean water, leading And Thabault: ‘‘All other interventions— Pure Water for the World is doing im- to diseases that are the country’s second the rebuilding of roads and schools and hos- portant and inspiring work, providing leading cause of death and fill more than pitals and communities—will not result in a half of all hospital beds with patients suf- sustainable sources of safe drinking long-term sustainable improvement if people fering from bacteria or parasites. don’t have clean water. People need to sup- water and promoting habits to improve ‘‘Clean water is so necessary,’’ says health and sanitation in poor commu- port organizations that are bringing clean Marcelle Leahy, herself a nurse. ‘‘But Haiti water, hygiene education and sanitation to nities in Honduras and Haiti. I am very unfortunately was lacking a lot of the neces- homes and schools. That’s how they can proud that Carolyn received this well- sities of everyday life even prior to the help.’’ deserved recognition at the White earthquake.’’ f House on behalf of her organization. Most U.S. municipalities filter water at We all appreciate the work they are central reservoirs and then distribute it ADDITIONAL STATEMENTS doing. through pipes. But that doesn’t work in Car- I ask unanimous consent that the ibbean and Central American villages with more poverty than plumbing. Cheney and Rutland Herald article entitled ‘‘Hope WISCONSIN COMMUNITY SERVICES, Leahy visited a Pure Water plant that manu- INC. flows: Vt. nonprofit pours ‘Pure Water factures the kind of ‘‘slow sand’’ household for the World’ ’’ be printed in the filters used in New England for its first 150 ∑ Mr. KOHL. Mr. President, today I RECORD. years. wish to recognize the 100th anniversary

VerDate Mar 15 2010 05:33 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.038 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2600 CONGRESSIONAL RECORD — SENATE April 23, 2012 of Wisconsin Community Services, domestic business income of qualified small Environmental Protection Agency, transmit- Inc., WCS. I am proud to honor its businesses. ting, pursuant to law, the report of a rule en- service and recognize that the many f titled ‘‘Toxics Release Inventory (TRI) Re- ways this organization has contributed porting for Facilities Located in Indian MEASURES REFERRED Country and Clarification of Additional Op- to the State of Wisconsin. The following bill was read the first portunities Available to Tribal Governments WCS is the State’s oldest and largest under the TRI Program’’ (FRL No. 9660–9) re- nonprofit criminal justice system orga- and the second times by unanimous ceived in the Office of the President of the nization. Founded in 1912 as the Wis- consent, and referred as indicated: Senate on April 18, 2012; to the Committee on consin Society of the Friendless, WCS H.R. 9. An act to amend the Internal Rev- Environment and Public Works. has never faltered in its mission to pro- enue Code of 1986 to provide a deduction for EC–5763. A communication from the Direc- vide innovative opportunities for indi- domestic business income of qualified small tor of the Regulatory Management Division, businesses; to the Committee on Finance. Environmental Protection Agency, transmit- viduals to overcome adversity. For 100 ting, pursuant to law, the report of a rule en- f years, this organization has provided titled ‘‘Change of Address for Region 4, State individuals involved in or at risk of be- MEASURES PLACED ON THE and Local Agencies; Technical Correction’’ coming involved in the criminal justice CALENDAR (FRL No. 9660–3) received in the Office of the system with the tools they need to stay President of the Senate on April 18, 2012; to out of trouble and become productive The following bill was read the sec- the Committee on Environment and Public members of their communities. ond time, and placed on the calendar: Works. S. 2327. A bill to prohibit direct foreign as- EC–5764. A communication from the Direc- This organization provides more than tor of the Regulatory Management Division, 40 programs for Wisconsinites in need. sistance to the Government of Egypt until the President makes certain certifications Environmental Protection Agency, transmit- Through its outpatient clinic, for ex- related to treatment of nongovernmental or- ting, pursuant to law, the report of a rule en- ample, WCS provides mental health ganization workers, and for other purposes. titled ‘‘Approval and Promulgation of Imple- treatment and ancillary support such mentation Plans; Georgia; Atlanta; Ozone as housing assistance to mentally ill f 2002 Base Year Emissions Inventory’’ (FRL individuals who are at risk of entering MEASURES READ THE FIRST TIME No. 9662–1) received in the Office of the Presi- or have already been incarcerated. dent of the Senate on April 18, 2012; to the The following bill was read the first Committee on Environment and Public Through its policy and workforce de- time: Works. velopment program, WSC provides vo- S. 2338. A bill to reauthorize the Violence EC–5765. A communication from the Direc- cational training to individuals with Against Women Act of 1994. tor of the Regulatory Management Division, criminal records and helps them secure Environmental Protection Agency, transmit- jobs. With mental health treatment, f ting, pursuant to law, the report of a rule en- housing, and employment, these indi- EXECUTIVE AND OTHER titled ‘‘Approval and Promulgation of Imple- viduals can live crime-free lives and COMMUNICATIONS mentation Plans; Tennessee; Regional Haze contribute to society. State Implementation Plan’’ (FRL No. 9663– The following communications were 6) received in the Office of the President of With nearly 300 employees and serv- laid before the Senate, together with the Senate on April 18, 2012; to the Com- ing more than 15,000 individuals in 2011 accompanying papers, reports, and doc- mittee on Environment and Public Works. alone, WSC continues to change the uments, and were referred as indicated: EC–5766. A communication from the Direc- lives of individuals in need. WSC’s tor of the Regulatory Management Division, EC–5758. A communication from the Direc- longstanding efforts have helped lower Environmental Protection Agency, transmit- tor of Congressional Affairs, Office of Nu- ting, pursuant to law, the report of a rule en- recidivism rates and saved taxpayer clear Reactor Regulation, Nuclear Regu- dollars, while giving Wisconsinites the titled ‘‘Revision to the Hawaii State Imple- latory Commission, transmitting, pursuant mentation Plan, Minor New Source Review tools and resources to overcome chal- to law, the report of a rule entitled ‘‘Re- Program’’ (FRL No. 9661–6) received in the lenges such as mental illness and sub- integration of Security into the Reactor Office of the President of the Senate on April stance abuse. I am proud to honor the Oversight Process Assessment Program’’ 18, 2012; to the Committee on Environment work of this outstanding organization (Regulatory Issue Summary 2012–XX) re- and Public Works. and its continuing service to the State ceived in the Office of the President of the EC–5767. A communication from the Sec- Senate on April 16, 2012; to the Committee on of Wisconsin.∑ retary of Commerce, transmitting, pursuant Environment and Public Works. to law, a report relative to the export to the f EC–5759. A communication from the Acting People’s Republic of China of an item not Deputy Assistant Administrator for Regu- MESSAGES FROM THE PRESIDENT detrimental to the U.S. space launch indus- latory Programs, National Marine Fisheries try; to the Committee on Foreign Relations. Messages from the President of the Service, Department of Commerce, transmit- EC–5768. A communication from the Assist- United States were communicated to ting, pursuant to law, the report of a rule en- ant Secretary, Office of Legislative Affairs, titled ‘‘Endangered and Threatened Species; Department of State, transmitting, pursuant the Senate by Mr. Pate, one of his sec- Range Extension for Endangered Central retaries. to law, a report relative to the Millennium California Coast Coho Salmon’’ (RIN0648– Challenge Corporations activities during fis- f XV30) received in the Office of the President cal year 2011; to the Committee on Foreign of the Senate on April 18, 2012; to the Com- Relations. EXECUTIVE MESSAGES REFERRED mittee on Environment and Public Works. EC–5769. A communication from the Solic- As in executive session the Presiding EC–5760. A communication from the Direc- itor of Labor, Office of the Solicitor, Depart- Officer laid before the Senate messages tor of the Regulatory Management Division, ment of Labor, transmitting, pursuant to Environmental Protection Agency, transmit- from the President of the United law, the report of a rule entitled ‘‘Adminis- ting, pursuant to law, the report of a rule en- trative Claims under the Federal Tort States submitting sundry nominations titled ‘‘Approval and Promulgation of Air Claims Act and Related Statutes’’ (RIN1290– which were referred to the Committee Quality Implementation Plans; North Caro- AA25) received in the Office of the President on Armed Services. lina; Annual Emissions Reporting’’ (FRL No. of the Senate on April 16, 2012; to the Com- (The nominations received today are 9662–3) received in the Office of the President mittee on Health, Education, Labor, and printed at the end of the Senate pro- of the Senate on April 18, 2012; to the Com- Pensions. ceedings.) mittee on Environment and Public Works. EC–5770. A communication from the Direc- EC–5761. A communication from the Direc- tor, Directorate of Standards and Guidance, f tor of the Regulatory Management Division, Occupational Safety and Health Administra- Environmental Protection Agency, transmit- tion, transmitting, pursuant to law, the re- MESSAGE FROM THE HOUSE ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Hazard Communica- At 12:03 p.m., a message from the titled ‘‘Approval and Promulgation of Imple- tion’’ (RIN1218–AC20) received in the Office House of Representatives, delivered by mentation Plans; Alabama: Removal of of the President of the Senate on April 17, Mrs. Cole, one of its reading clerks, an- State Low-Reid Vapor Pressure Requirement 2012; to the Committee on Health, Education, nounced that the House has passed the for the Birmingham Area’’ (FRL No. 9662–4) Labor, and Pensions. received in the Office of the President of the EC–5771. A communication from the Senior following bill, in which it requests the Senate on April 18, 2012; to the Committee on Procurement Executive, Office of Acquisi- concurrence of the Senate: Environment and Public Works. tion Policy, General Services Administra- H.R. 9. An act to amend the Internal Rev- EC–5762. A communication from the Direc- tion, transmitting, pursuant to law, the re- enue Code of 1986 to provide a deduction for tor of the Regulatory Management Division, port of a rule entitled ‘‘Federal Acquisition

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.002 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2601 Regulation; Justification and Approval of and enhance certain maritime programs of Committee on Commerce, Science, and Sole-Source 8(a) Contracts’’ (RIN9000–AL55) the Department of Transportation, and for Transportation. received in the Office of the President of the other purposes; to the Committee on Com- f Senate on April 18, 2012; to the Committee on merce, Science, and Transportation. Homeland Security and Governmental Af- EC–5781. A communication from the Sec- INTRODUCTION OF BILLS AND fairs. retary of Transportation, transmitting, pur- JOINT RESOLUTIONS EC–5772. A communication from the Senior suant to law, a report entitled ‘‘United The following bills and joint resolu- States Department of Transportation 2012 Procurement Executive, Office of Acquisi- tions were introduced, read the first tion Policy, General Services Administra- Report to Congress on Intelligent Transpor- tion, transmitting, pursuant to law, the re- tation Systems Program Advisory Com- and second times by unanimous con- port of a rule entitled ‘‘Federal Acquisition mittee Recommendations’’; to the Com- sent, and referred as indicated: Regulation; Representation Regarding Ex- mittee on Commerce, Science, and By Mr. LEVIN: port of Sensitive Technology to Iran’’ Transportation. S. 2328. A bill to extend and modify the (RIN9000–AL91) received in the Office of the EC–5782. A communication from the Trial temporary reduction of duty on 4-methoxy-2- President of the Senate on April 18, 2012; to Attorney, Federal Railroad Administration, methyldiphenylamine; to the Committee on the Committee on Homeland Security and Department of Transportation, transmitting, Finance. Governmental Affairs. pursuant to law, the report of a rule entitled By Mr. LEVIN: EC–5773. A communication from the Senior ‘‘Locomotive Safety Standards Amend- S. 2329. A bill to reduce temporarily the Procurement Executive, Office of Acquisi- ments’’ (RIN2130–AC16) received in the Office duty on certain direct injection fuel tion Policy, General Services Administra- of the President of the Senate on April 18, injectors; to the Committee on Finance. tion, transmitting, pursuant to law, the re- 2012; to the Committee on Commerce, By Mr. LEVIN: port of a rule entitled ‘‘Federal Acquisition Science, and Transportation. S. 2330. A bill to reduce temporarily the Regulation; Technical Amendments’’ (FAC EC–5783. A communication from the Asso- duty on certain hybrid electric vehicle in- 2005–58) received in the Office of the Presi- ciate Bureau Chief for Cybersecurity and verters; to the Committee on Finance. dent of the Senate on April 18, 2012; to the Communications Reliability, Public Safety By Mr. LEVIN: S. 2331. A bill to suspend temporarily the Committee on Homeland Security and Gov- and Homeland Security Bureau, Federal Communications Commission, transmitting, duty on stator/rotor parts; to the Committee ernmental Affairs. on Finance. EC–5774. A communication from the Senior pursuant to law, the report of a rule entitled ‘‘The Proposed Extension of Part 4 of the By Mr. LEVIN: Procurement Executive, Office of Acquisi- S. 2332. A bill to suspend temporarily the Commission’s Rules Regarding Outage Re- tion Policy, General Services Administra- duty on certain power electronic boxes and porting To Interconnected Voice Over Inter- tion, transmitting, pursuant to law, the re- static converter composite units; to the port of a rule entitled ‘‘Federal Acquisition net Protocol Service Providers and Committee on Finance. Regulation; Small Entity Compliance Broadband Internet Service Providers’’ (PS By Mr. LEVIN: Guide’’ (FAC 2005–58) received in the Office of Docket No. 11–82) received in the Office of S. 2333. A bill to suspend temporarily the the President of the Senate on April 18, 2012; the President of the Senate on April 17, 2012; duty on certain motor generator units; to to the Committee on Homeland Security and to the Committee on Commerce, Science, the Committee on Finance. Governmental Affairs. and Transportation. By Mr. LEVIN: EC–5775. A communication from the Senior EC–5784. A communication from the Acting S. 2334. A bill to reduce temporarily the Procurement Executive, Office of Acquisi- Chief of the Pricing Policy Division, duty on lithium ion electrical storage bat- tion Policy, General Services Administra- Wireline Competition Bureau, Federal Com- teries; to the Committee on Finance. tion, transmitting, pursuant to law, the re- munications Commission, transmitting, pur- By Mr. LEVIN: port of a rule entitled ‘‘Federal Acquisition suant to law, the report of a rule entitled S. 2335. A bill to reduce temporarily the Regulation; Biobased Procurements’’ ‘‘Connect America Fund; A National duty on certain high pressure fuel pumps; to (RIN9000–AM03) received in the Office of the Broadband Plan for Our Future; Establishing the Committee on Finance. President of the Senate on April 18, 2012; to Just and Reasonable Rates for Local Ex- By Mr. LEVIN: the Committee on Homeland Security and change Carriers; High-Cost Universal Service S. 2336. A bill to extend the temporary sus- Governmental Affairs. Support; Developing a Unified Intercarrier pension of duty on 4’-methoxy-2,2’,4- EC–5776. A communication from the Chief Compensation Regime; Federal-State Joint trimethyl diphenylamine; to the Committee Acquisition Officer, Office of Acquisition Board on Universal Service; Lifeline and on Finance. Policy, General Services Administration, Link-Up; and Universal Service Reform—Mo- By Mrs. MCCASKILL (for herself, Ms. transmitting, pursuant to law, the report of bility Fund’’ (WC Docket Nos. 10–90, 07–135, COLLINS, and Mr. COBURN): a rule entitled ‘‘Federal Acquisition Regula- 05–337, 03–109; GN Docket No. 09–51; CC Dock- S. 2337. A bill to require that Federal regu- tion; Federal Acquisition Circular 2005–58, et Nos. 01–92, 96–45; WT Docket No. 10–208, DA lations use plain writing that is clear, con- Introduction’’ (FAC 2005–58) received in the 12–298) received in the Office of the President cise, well-organized, and follows other best Office of the President of the Senate on April of the Senate on April 17, 2012; to the Com- practices appropriate to the subject or field 18, 2012; to the Committee on Homeland Se- mittee on Commerce, Science, and Transpor- and intended audience; to the Committee on curity and Governmental Affairs. tation. Homeland Security and Governmental Af- EC–5777. A communication from the Ad- EC–5785. A communication from the Chief fairs. ministrator, General Services Administra- of the Border Securities Regulations Branch, By Mrs. HUTCHISON (for herself, Mr. tion, transmitting, pursuant to law, a report Customs and Border Protection, Department GRASSLEY, Mr. CORNYN, and Mr. relative to mileage reimbursement rates for of Homeland Security, transmitting, pursu- ALEXANDER): Federal employees who use privately owned ant to law, the report of a rule entitled S. 2338. A bill to reauthorize the Violence vehicles while on official travel; to the Com- ‘‘Technical Amendment to Cuba Airport Against Women Act of 1994; read the first mittee on Homeland Security and Govern- List: Addition of Recently Approved Air- time. mental Affairs. ports’’ (CBP Dec. 12–08) received in the Office f EC–5778. A communication from the Chief of the President of the Senate on April 16, ADDITIONAL COSPONSORS Privacy and Civil Liberties Officer, Office of 2012; to the Committee on Commerce, Privacy and Civil Liberties, Department of Science, and Transportation. S. 219 Justice, transmitting, pursuant to law, the EC–5786. A communication from the Assist- At the request of Mr. TESTER, the report of a rule entitled ‘‘Exemption of Pri- ant Chief Counsel for Hazardous Materials name of the Senator from Oregon (Mr. vacy Act System of Records of the Depart- Safety, Pipeline and Hazardous Materials WYDEN) was added as a cosponsor of S. ment-wide notice: ‘Debt Collection Enforce- Safety Administration, Department of 219, a bill to require Senate candidates ment System, (DCES), DOJ–016’ ’’ (CPCLO Transportation, transmitting, pursuant to to file designations, statements, and Order No. 009–2012) received in the Office of law, the report of a rule entitled ‘‘Hazardous the President of the Senate on April 18, 2012; Materials: Packages Intended for Transport reports in electronic form. to the Committee on the Judiciary. by Aircraft’’ (RIN2137–AE32) received in the S. 434 EC–5779. A communication from the Ad- Office of the President of the Senate on April At the request of Ms. MIKULSKI, the ministrator, Transportation Security Ad- 18, 2012; to the Committee on Commerce, name of the Senator from New Mexico ministration, Department of Homeland Se- Science, and Transportation. (Mr. BINGAMAN) was added as a cospon- curity, transmitting, pursuant to law, pro- EC–5787. A communication from the Senior sor of S. 434, a bill to improve and exposed legislation to harmonize security Program Analyst, Federal Aviation Adminis- pand geographic literacy among kin- threat assessment procedures applicable to tration, Department of Transportation, dergarten through grade 12 students in transmitting, pursuant to law, the report of transportation worker populations, and for the United States by improving profes- other purposes; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. General Electric Company (GE) Turbofan sional development programs for kin- EC–5780. A communication from the Sec- Engines’’ ((RIN2120–AA64) (Docket No. FAA– dergarten through grade 12 teachers of- retary of Transportation, transmitting, pur- 2011–0982) received in the Office of the Presi- fered through institutions of higher suant to law, proposed legislation to amend dent of the Senate on April 18, 2012; to the education.

VerDate Mar 15 2010 05:33 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.048 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2602 CONGRESSIONAL RECORD — SENATE April 23, 2012 S. 491 of S. 1734, a bill to provide incentives empt any member whose qualified mo- At the request of Mr. PRYOR, the for the development of qualified infec- bilization commenced before October 1, name of the Senator from Missouri tious disease products. 2011, and continued on or after that (Mr. BLUNT) was added as a cosponsor S. 1880 date, from the changes to the program of S. 491, a bill to amend title 38, At the request of Mr. BARRASSO, the guidance that took effect on that date. United States Code, to recognize the name of the Senator from Mississippi S. 2165 service in the reserve components of (Mr. WICKER) was added as a cosponsor At the request of Mrs. BOXER, the the Armed Forces of certain persons by of S. 1880, a bill to repeal the health names of the Senator from Ohio (Mr. honoring them with status as veterans care law’s job-killing health insurance BROWN), the Senator from Pennsyl- under law, and for other purposes. tax. vania (Mr. CASEY) and the Senator S. 687 S. 1884 from Minnesota (Ms. KLOBUCHAR) were At the request of Mr. CORNYN, the At the request of Mr. DURBIN, the added as cosponsors of S. 2165, a bill to name of the Senator from Maine (Ms. name of the Senator from Colorado enhance strategic cooperation between COLLINS) was added as a cosponsor of S. (Mr. BENNET) was added as a cosponsor the United States and Israel, and for 687, a bill to amend the Internal Rev- of S. 1884, a bill to provide States with other purposes. enue Code of 1986 to permanently ex- incentives to require elementary S. 2248 tend the 15-year recovery period for schools and secondary schools to main- At the request of Mr. INHOFE, the qualified leasehold improvement prop- tain, and permit school personnel to names of the Senator from Ohio (Mr. erty, qualified restaurant property, and administer, epinephrine at schools. PORTMAN) and the Senator from Kansas qualified retail improvement property. S. 1935 (Mr. ROBERTS) were added as cospon- S. 738 At the request of Mrs. HAGAN, the sors of S. 2248, a bill to clarify that a At the request of Ms. STABENOW, the names of the Senator from Kansas (Mr. State has the sole authority to regu- name of the Senator from Pennsyl- ROBERTS), the Senator from Michigan late hydraulic fracturing on Federal vania (Mr. CASEY) was added as a co- (Mr. LEVIN) and the Senator from Wyo- land within the boundaries of the sponsor of S. 738, a bill to amend title ming (Mr. BARRASSO) were added as co- State. XVIII of the Social Security Act to sponsors of S. 1935, a bill to require the S. 2293 provide for Medicare coverage of com- Secretary of the Treasury to mint At the request of Mrs. BOXER, the prehensive Alzheimer’s disease and re- coins in recognition and celebration of name of the Senator from Connecticut lated dementia diagnosis and services the 75th anniversary of the establish- (Mr. BLUMENTHAL) was added as a co- in order to improve care and outcomes ment of the March of Dimes Founda- sponsor of S. 2293, a bill to establish a for Americans living with Alzheimer’s tion. national, toll-free telephone parent disease and related dementias by im- S. 1990 helpline to provide information and as- proving detection, diagnosis, and care At the request of Mr. LIEBERMAN, the sistance to parents and caregivers of planning. name of the Senator from Oregon (Mr. children to prevent child abuse and S. 881 WYDEN) was added as a cosponsor of S. strengthen families. At the request of Ms. LANDRIEU, the 1990, a bill to require the Transpor- S. 2296 name of the Senator from Georgia (Mr. tation Security Administration to At the request of Mrs. HAGAN, the CHAMBLISS) was added as a cosponsor of comply with the Uniformed Services name of the Senator from Vermont S. 881, a bill to amend the Consumer Employment and Reemployment (Mr. SANDERS) was added as a cospon- Credit Protection Act to assure mean- Rights Act. sor of S. 2296, a bill to amend the High- ingful disclosures of the terms of rent- S. 2046 er Education Opportunity Act to real-purchase agreements, including dis- At the request of Ms. MIKULSKI, the strict institutions of higher education closures of all costs to consumers name of the Senator from Alaska (Ms. from using revenues derived from Fed- under such agreements, to provide sub- MURKOWSKI) was added as a cosponsor eral educational assistance funds for stantive rights to consumers under of S. 2046, a bill to amend the Immigra- advertising, marketing, or recruiting such agreements, and for other pur- tion and Nationality Act to modify the purposes. poses. requirements of the visa waiver pro- S. 2325 S. 975 gram and for other purposes. At the request of Mr. NELSON of Flor- At the request of Mr. TESTER, the S. 2051 ida, the names of the Senator from Ne- name of the Senator from Maine (Ms. At the request of Mr. REED, the vada (Mr. HELLER), the Senator from COLLINS) was added as a cosponsor of S. names of the Senator from Connecticut Connecticut (Mr. BLUMENTHAL) and the 975, a bill to amend the Public Health (Mr. BLUMENTHAL), the Senator from Senator from Kansas (Mr. ROBERTS) Service Act to provide for the partici- New Jersey (Mr. LAUTENBERG) and the were added as cosponsors of S. 2325, a pation of physical therapists in the Na- Senator from Wisconsin (Mr. KOHL) bill to authorize further assistance to tional Health Service Corps Loan Re- were added as cosponsors of S. 2051, a Israel for the Iron Dome anti-missile payment Program, and for other pur- bill to amend the Higher Education Act defense system. poses. of 1965 to extend the reduced interest S.J. RES. 38 S. 1069 rate for Federal Direct Stafford Loans. At the request of Mr. GRAHAM, the At the request of Ms. CANTWELL, the S. 2103 name of the Senator from Maine (Ms. name of the Senator from Oregon (Mr. At the request of Mr. LEE, the name COLLINS) was added as a cosponsor of MERKLEY) was added as a cosponsor of of the Senator from South Carolina S.J. Res. 38, a joint resolution dis- S. 1069, a bill to suspend temporarily (Mr. DEMINT) was added as a cosponsor approving a rule submitted by the De- the duty on certain footwear, and for of S. 2103, a bill to amend title 18, partment of Labor relating to the cer- other purposes. United States Code, to protect pain-ca- tification of nonimmigrant workers in S. 1251 pable unborn children in the District of temporary or seasonal nonagricultural At the request of Mr. CARPER, the Columbia, and for other purposes. employment. name of the Senator from Idaho (Mr. S. 2121 S. RES. 401 CRAPO) was added as a cosponsor of S. At the request of Ms. KLOBUCHAR, the At the request of Mr. LUGAR, his 1251, a bill to amend title XVIII and name of the Senator from Connecticut name was added as a cosponsor of S. XIX of the Social Security Act to curb (Mr. BLUMENTHAL) was added as a co- Res. 401, a resolution expressing appre- waste, fraud, and abuse in the Medicare sponsor of S. 2121, a bill to modify the ciation for Foreign Service and Civil and Medicaid programs. Department of Defense Program Guid- Service professionals who represent the S. 1734 ance relating to the award of Post-De- United States around the globe. At the request of Mr. BLUMENTHAL, ployment/Mobilization Respite Absence S. RES. 429 the name of the Senator from Alaska administrative absence days to mem- At the request of Mr. WICKER, the (Mr. BEGICH) was added as a cosponsor bers of the reserve components to ex- names of the Senator from Georgia

VerDate Mar 15 2010 03:26 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.044 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE April 23, 2012 CONGRESSIONAL RECORD — SENATE S2603 (Mr. ISAKSON), the Senator from Wash- NOTICES OF HEARINGS that the Senate resume consideration URRAY ington (Mrs. M ) and the Senator COMMITTEE ON RULES AND ADMINISTRATION of the motion to proceed to S. 1925, the IRK Violence Against Women Reauthoriza- from Illinois (Mr. K ) were added as Mr. SCHUMER. Mr. President, I wish tion Act; and that at 10:30 a.m., the cosponsors of S. Res. 429, a resolution to announce that the Committee on Senate resume consideration of the supporting the goals and ideals of Rules and Administration will meet on motion to proceed to S.J. Res. 36, a res- World Malaria Day. Wednesday, April 25, 2012, at 9:30 a.m., olution of disapproval regarding the S. RES. 431 to hear testimony on S. 219, the ‘‘Sen- National Labor Relations Board offered At the request of Ms. CANTWELL, the ate Campaign Disclosure Parity Act.’’ by Senator ENZI name of the Senator from Washington For further information regarding , under the previous order; and that at 12:30 p.m., the Sen- (Mrs. MURRAY) was added as a cospon- this meeting, please contact Lynden sor of S. Res. 431, a resolution cele- Armstrong at the Rules and Adminis- ate resume consideration of the motion brating the 50th anniversary of the 1962 tration Committee on (202) 224–6352. to proceed to S. 1925; further, that the Seattle World’s Fair. Senate recess from 12:50 p.m. until 2:15 COMMITTEE ON ENERGY AND NATURAL p.m. to allow for the weekly caucus RESOURCES AMENDMENT NO. 2020 meetings; finally, that at 2:15 p.m., the At the request of Mr. WYDEN, the Mr. BINGAMAN. Mr. President, this Senate resume consideration of the name of the Senator from Vermont is to advise you that the Committee on motion to proceed to S.J. Res. 36. (Mr. SANDERS) was added as a cospon- Energy and Natural Resources will The PRESIDING OFFICER. Without sor of amendment No. 2020 intended to hold a business meeting on Thursday, objection, it is so ordered. be proposed to S. 1789, a bill to im- April 26, 2012, immediately preceding f prove, sustain, and transform the the full committee hearing beginning United States Postal Service. at 9:30 a.m., in room SD–366 of the PROGRAM Dirksen Senate Office Building. AMENDMENT NO. 2040 Mr. REID. Mr. President, the first The purpose of the Business Meeting At the request of Mr. CARDIN, the vote will be at 2:15 tomorrow on the is to consider the nominations of Adam motion to proceed to S.J. Res. 36. If names of the Senator from Maryland Sieminski, to be administrator of the (Ms. MIKULSKI) and the Senator from that motion is defeated, there will be Energy Information Administration, several votes in order to complete ac- North Dakota (Mr. CONRAD) were added Marcilynn Burke to be an Assistant as cosponsors of amendment No. 2040 tion on the postal reform bill at 2:15 Secretary of the Interior, Anthony p.m. intended to be proposed to S. 1789, a Clark to be a Member of the Federal bill to improve, sustain, and transform Energy Regulatory Commission, and f the United States Postal Service. John Norris to be a Member of the Fed- RECESS UNTIL 10 A.M. TOMORROW AMENDMENT NO. 2043 eral Energy Regulatory Commission. The PRESIDING OFFICER. If there At the request of Mr. UDALL of New For further information, please con- is no further business to come before Mexico, the name of the Senator from tact Sam Fowler at (202) 224–7571 or Al- the Senate, I ask unanimous consent Oregon (Mr. WYDEN) was added as a co- lison Seyferth at (202) 224–4905. that it recess under the previous order. sponsor of amendment No. 2043 in- f There being no objection, the Senate, tended to be proposed to S. 1789, a bill PRIVILEGES OF THE FLOOR at 7:30 p.m., recessed until Tuesday, to improve, sustain, and transform the April 24, 2012, at 10 a.m. United States Postal Service. Mr. HARKIN. Mr. President, I ask f AMENDMENT NO. 2060 unanimous consent that Paul Edenfield, a member of my staff, be NOMINATIONS At the request of Mr. COBURN, the names of the Senator from Utah (Mr. granted the privilege of the floor for Executive nominations received by the duration of today’s session. LEE), the Senator from Kansas (Mr. the Senate: The PRESIDING OFFICER. Without MORAN), the Senator from South Da- IN THE AIR FORCE objection, it is so ordered. kota (Mr. THUNE), the Senator from THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED New Hampshire (Ms. AYOTTE), the Sen- f STATES OFFICER FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER ator from Pennsylvania (Mr. TOOMEY), MEASURE READ THE FIRST TITLE 10, U.S.C., SECTIONS 12203 AND 12212: the Senator from Wyoming (Mr. BAR- TIME—S. 2338 To be brigadier general RASSO), the Senator from Arizona (Mr. Mr. REID. There is a bill at the desk COL. RUSS A. WALZ KYL), the Senator from Iowa (Mr. and I ask for its first reading. IN THE ARMY GRASSLEY), the Senator from Kentucky The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (Mr. MCCONNELL), the Senator from clerk will read the bill by title for the IN THE UNITED STATES ARMY TO THE GRADE INDICATED North Carolina (Mr. BURR) and the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND first time. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Senator from Oklahoma (Mr. INHOFE) were added as cosponsors of amend- The legislative clerk read as follows: To be lieutenant general ment No. 2060 intended to be proposed A bill (S. 2338) to reauthorize the Violence MAJ. GEN. THEODORE C. NICHOLAS to S. 1789, a bill to improve, sustain, Against Women Act of 1994. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- and transform the United States Postal Mr. REID. I now ask for the second CATED UNDER TITLE 10, U.S.C., SECTION 12203: Service. reading in order to place the bill on the To be brigadier general calendar, but I object to my own re- AMENDMENT NO. 2071 quest. COL. FRANCISCO A. ESPAILLAT At the request of Mr. WARNER, the The PRESIDING OFFICER. Objec- IN THE MARINE CORPS name of the Senator from Maryland tion is heard. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (Ms. MIKULSKI) was added as a cospon- TO THE GRADE OF LIEUTENANT GENERAL IN THE The bill will be read for the second UNITED STATES MARINE CORPS WHILE ASSIGNED TO A sor of amendment No. 2071 intended to time on the next legislative day. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER be proposed to S. 1789, a bill to im- TITLE 10, U.S.C., SECTION 601: prove, sustain, and transform the f To be lieutenant general United States Postal Service. ORDERS FOR TUESDAY, APRIL 24, MAJ. GEN. JON M. DAVIS AMENDMENT NO. 2072 2012 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS TO THE GRADE At the request of Ms. LANDRIEU, the Mr. REID. I ask unanimous consent INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., names of the Senator from Michigan that when the Senate completes its SECTION 601: (Ms. STABENOW) and the Senator from business today, it recess until Tuesday, To be lieutenant general Maine (Ms. SNOWE) were added as co- April 24, at 10 a.m.; that following the sponsors of amendment No. 2072 in- prayer and the pledge, the Journal of LT. GEN. ROBERT E. SCHMIDLE, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tended to be proposed to S. 1789, a bill proceedings be approved to date and IN THE UNITED STATES MARINE CORPS TO THE GRADE to improve, sustain, and transform the the time for the two leaders be re- INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., United States Postal Service. served for their use later in the day; SECTION 601:

VerDate Mar 15 2010 05:12 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 9801 E:\CR\FM\A23AP6.045 S23APPT1 jbell on DSK7SPTVN1PROD with SENATE S2604 CONGRESSIONAL RECORD — SENATE April 23, 2012 To be lieutenant general DAWN M. BLACK DAVID C. ALVAREZ SADINA L. BRECHEISENBEACH MANUEL ALVAREZ LT. GEN. TERRY G. ROBLING PAMELA L. BREWER PHILLIP N. ALVAREZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NERRIZA L. BROOKS SALOMON ALVAREZ III IN THE UNITED STATES MARINE CORPS RESERVE TO THE MELANIE J. BURJA JUAN C. AMAYA GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CASSANDRA E. CAMPBELL RUBEN R. AMEZAGA JAMES E. CAMPION NATHANIEL S. AMIDON To be brigadier general THERESA D. CLARK SUNIL LALITKUMAR AMIN CHRISTINE L. COLELLA BARAK N. AMUNDSON COL. BURKE W. WHITMAN STACEY L. COLEMAN JOHN W. ANACKER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TARA N. CONSTANTINE CHRISTOPHER S. ANDERSON IN THE UNITED STATES MARINE CORPS RESERVE TO THE KRISTINA R. CREECH CLIFFORD WALDO ANDERSON GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: KARIN E. CREVER JAMES W. ANDERSON SUSAN M. DICKERSON JOEL RICKS ANDERSON To be major general SUZIE C. DIETZ JOHN P. ANDERSON DANIEL E. DONAHUE HARVEY K. ANDREW BRIG. GEN. JAMES M. LARIVIERE PAUL DREATER, JR. PAUL R. ANDREWS, JR. IN THE NAVY VICKI M. FAIR FRANK J. ANGELONE THOMAS G. FEVURLY ROCCO J. ANGIOLELLI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COURTNEY D. FINKBEINER CRAIG RYAN ANSEL IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARY T. FLOYD JOHN D. ANTAL WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ALISON T. FORSYTHE CHRISTOPHER LEE ANTENEN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SHERRY L. FRANK JASON L. ANTKOVIAK ALANE C. GARLISI JAMES E. APHOLZ To be vice admiral MATTIE D. GOODE DANIEL R. APPEL REAR ADM. KURT W. TIDD DAWN M. GRAHAM JORDAN N. APPEL LARHONDA M. GRAY LAURA J. APPLEWHITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STACY GILMORE GREENE JARROD A. ARANDA IN THE UNITED STATES NAVY TO THE GRADE INDICATED CHERYL L. GROTSKY RYAN R. ARCHAMBAULT MILINER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JEANINE D. HATFIELD MARCEL T. AREL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JENNIFER J. HATZFELD RYAN W. ARGENTA To be vice admiral LEAH NICOLE HOLLAND MICHAEL A. ARGUELLO JACQUELINE F. JACKSON DAVID REXFORD ARMBRUSTER VICE ADM. DAVID H. BUSS KRISTEN R. JOHNSON RYAN W. ARMSTRONG DANIEL J. ARNESON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NANCY J. JOHNSON TAMRA C. JOHNSON ROBERT C. ARNETT IN THE UNITED STATES NAVY TO THE GRADE INDICATED KREG T. ARNOLD WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND LAURA K. JONES RONALD L. JONES, JR. TIFFANY L. ARNOLD RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN PAUL CABIGAS ARRE LESLIE I. KARAS GABRIEL S. ARRINGTON To be vice admiral STEPHANIE K. KENNEDY JOSHUA A. ARROWOOD JACQUELINE M. KILLIAN REAR ADM. MICHELLE J. HOWARD DAVID ALFREDO ARROYO MARK A. KNITZ MICHAEL A. ARTIFON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LEANN M. LAMB MICHAEL D. ASKEGREN IN THE UNITED STATES NAVY TO THE GRADE INDICATED KAREN V. LARRY SCOTT ANDREW ASKEY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHUNG MIN LEE ADAM R. ASLESON RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SUSAN J. LEE DANIEL V. ATIENZA TAMMY G. LUCAS JAMES PAUL ATKINSON To be vice admiral NAQUITA J. MANNING PHILIP Z. ATKINSON JOHN L. MANSUY VICE ADM. ALLEN G. MYERS DAWN M. ATTERBURY RAMIREZ JACQUELINE J. MCAULEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEREK J. AUFDERHEIDE KEVIN R. MCHAFFEY IN THE UNITED STATES NAVY TO THE GRADE INDICATED DAVID J. AUSTON SHERRY L. MCKEEVER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MICHAEL T. AVALOS KRISTELL L. MICHAEL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ERIC C. BABSON KARI A. MILLER CHAD A. BACKES PAUL T. MILLER, JR. To be vice admiral NICOLE R. BAIN THERESA A. MURPHY JOSEPH LEE BAINBRIDGE VICE ADM. MARK I. FOX CHRISTINE S. NOVAK CHARLES JAMES BAIRD CAMELLA D. NULTY IN THE AIR FORCE MICHAEL H. BAIRD JAMES G. OLANDA BRADLEY CHARLES BAKER JEFFREY J. OLIVER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID L. BAKER HEATHER A. PEREZ TO THE GRADE INDICATED IN THE UNITED STATES AIR HEIDI ANNETTE BAKER JULIE A. PIERCE FORCE UNDER TITLE 10, U.S.C., SECTION 624: JASON R. BAKER DONALD R. POTTER MICHAEL B. BAKER To be lieutenant colonel AMY S. QUIRKE BRADFORD B. BALAZS LORRI M. REED TONYA R. EVERLETH BRIAN E. BALCER ANDREW L. REIMUND MATTHEW T. BALLANCO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIM G. ROBINSON JEFFREY E. BALLENSKI TO THE GRADE INDICATED IN THE UNITED STATES AIR KATHY S. SAVELL BRADLEY L. BALLING FORCE UNDER TITLE 10, U.S.C., SECTION 624: KIMBERLY A. SCHMIDT JUSTIN D. BALLINGER VICKIE L. SKUPSKI CECIL BANUELOS, JR. To be lieutenant colonel MELISSA C. SMITH KEVIN H. BARBER KARI M. STONE CRAIG W. HINKLEY STEPHEN L. BARBOUR SEAN A. STRAIT CHAD A. SPELLMAN OLIVER E. BARFIELD JENNIFER E. THOMAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LUKE ADAM BARGER CHRISTINE M. THRASHER TO THE GRADES INDICATED IN THE UNITED STATES AIR ROBERT A. BARKER SCOTT R. TONKO FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH E. BARKLEY VALERIE A. TRUMP NEIL BRYAN BARNAS ANITA S. UPP To be colonel CAMERON JEAN BARNES JOHN D. VANDEVELDE RICHARD C. BARNES JOHANN S. WESTPHALL CINDI L. WILLIS CHRISTOPHER LEE BARNETT WILLIAM T. WILSON WILLIAM KARL BARNHART To be major DAVID C. ZIMMERMAN AARON R. BARRETT ELIESA A. ING THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN M. BARRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR DWAIN JASON BARTELS II TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: DONALD F. BARTHOLOMEW III FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be major BRIAN L. BARTRAM JOSE L. BASABE, JR. To be colonel ADAM D. AASEN AARON E. BASHAM MARK J. BATCHO JASON ROGER ACKISS DOUGLAS M. BAUER ANDREW T. COLE WILLIAM JOHN ACKMAN ANDREW W. BAUMGART GREGORY B. DEWOLF ALEX D. ADAMS DAVE SHERWIN BAUTISTA MICHAEL W. GLASS ANDREW JAMES ADAMS BRIAN K. BEAUTER ERIC D. HUWEART CANDICE M. ADAMS BAILYN R. BECK ERIC E. HYDE CHRISTOPHER B. ADAMS ROBERT O. BECKENHAUER LISA A. MOORE ANDY RICH ADUDDELL NICHOLAS S. BEDELL MICHAEL G. PATRONIS ROLANDO AGUIRRE CHRISTOPHER S. BEERY CURT B. PRICHARD OUAIL ALBAIRAT DAVID A. BEFORT, JR. SHEILA R. ROBINSON MICHAEL J. ALBLINGER JONATHAN MICHAEL BEHA RICHARD B. ROESSLER PAUL S. ALBUQUERQUE KEVIN D. BEHYMER JOHN P. SAVAGE II JEREMIAH J. ALDER NICKLOS W. BEIHL COLIN H. SMYTH JOSH R. ALDRED ERIC EDWARD BEIN DANA G. VENENGA ERICKA L. ALDRICH JOSHUA M. BEKKEDAHL FREDERICK C. WEAVER TAMMARA L. ALEXANDER ROBERT M. BELARDO NATHANIEL V. ALFANO LACHLAN T. BELCHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRANDON P. ALFORD NIKITA S. BELIKOV TO THE GRADE INDICATED IN THE UNITED STATES AIR JENNIFER ANNETTE ALICKSON CLIFTON M. BELL FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK E. ALLARD DYLAN A. BELL To be lieutenant colonel ANDY G. ALLEN WOODROW M. BELL ARTHUR A. ALLEN THOMAS N. BELLAIRS JOLENE A. AINSWORTH GERALD D. ALLEN, JR. MATTHEW B. BELOTE ARTEMUS ARMAS LUCAS J. ALLEN DAVID M. BENNETT KARLA M. ATCHLEY ROBERT W. ALLEN SHANNON L. BENSON BRIAN B. BARNETT SAMUEL J. ALLEN BRIAN D. BENTON BETH M. BAYKAN STEPHEN F. ALLEN CORY D. BERG MARED G. BELING CHRISTOPHER A. ALLIE TYLER A. BERGE TINA A. BETANCOURT JOSEPH N. ALLISON JOHN W. BERGER

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KARL E. BERGER MATTHEW P. BURNISTON ALAN W. CONDOR TROY D. BERGHUIS NICOLE MARIE BURNSIDE JUSTIN MICHAEL CONELLI BENJAMIN C. BERGREN DAVID M. BURRELL MATTHEW D. CONINE TANNER BERGSRUD JOHN ERIC BURRELL CHRISTOPHER M. CONLEY JOEL C. BERNAZZANI DAVID BURSHTEIN BROOKS R. CONN RYAN A. BERNIER BENNET ALAN BURTON JOSHUA D. CONNELL NATHAN T. BERTINO CLARENCE E. BURTON, JR. MARTIN E. CONRAD JONATHAN P. BESS MATTHEW G. BUTLER ALEX N. CONSTANTINE TYRONE P. BESS DAVID VON BUXTON BRANDON S. CONWILL CHRISTOPHER W. BEST CHRISTOPHER J. BYRNE WESLEY KELVIN COOK DAWN E. BETHELMY STEVEN S. BYRUM RYAN RUSSELL COOLEY ADAM BETLEY STEVEN CAAMANO BRETT JAMES COOPER DUANE E. BEVILLE MARIO P. CABIAO BRIAN T. COOPER RAYMOND C. BEVIVINO III MICHAEL G. CABUSAO MATTHEW KYLE COOPER MANAN N. BHATT CHARLES J. CAGGIANO, JR. ROLLY G. COOPER MARK J. BIEDA MICHAEL J. CAHILL TROY A. COOPER KENNY J. BIERMAN TROY L. CAHOON NEIL J. COPENHAVER JARETT J. BIGGERS IAN E. CALDERON GRANT A. COPPIN CHRISTOPHER J. BILLAU DENNIS J. CALDWELL II MATTHEW G. COPPOLA IAN M. BILLINGTON JANE W. CALLENDER REBECCA SUE CORBIN JOSEPH BINCAROUSKY CHARLES G. CAMERON MATTHEW S. CORDANI OWEN D. BIRCKETT GREGORY JULIEN CAMERON JARED A. CORDELL JOHN A. BIXBY JEFFREY S. CAMERON GREG A. CORDOVA GREGORY A. BLACK RUSSELL D. CAMPBELL RICARDO S. CORNEJO MICHAEL JOSEPH BLACK STEPHEN C. CAMPBELL AARRON S. CORNINE COLBY J. BLACKWOOD JOHN D. CAMPONOVO SHARON T. CORTNEY JOSHUA P. BLAKEMAN DUSTIN CANEDY PETER H. COSSETTE BRENT R. BLANDINO KATHRYN RHONDA CANTU ANTHONY C. COSTANZA JEFFERY ANDREW BLANKENSHIP MATTHEW P. CARDUCCI STACI A. COTNER EDMOND J. BLANQUERA GERARD J. CARISIO ZACHARY F. COUNTS JAMES J. BLECH ERIC J. CARLO RICHARD J. COUTURE STEPHANIE L. BLECH JUAN MARTIN CARLOS GONZALEZ RYAN F. COVAHEY JEFFREY D. BLISS ANDREW J. CARLSON JOHN C. COVENEY TIMOTHY R. BLOCKYOU CATALEYA CARLSON PHILLIP S. COWART GREGORY MICHAEL BLOM CHRISTOPHER S. CARLSON GEOFREY S. COX WAYNE E. BLOM CORBY LINDEN CARLSON RYAN DARRELL COX MICHAEL J. BLOUGH ERIK A. CARLSON KEITH R. CRAINE DANIEL T. BLUM JASON J. CARLSON HERBERT J. CRANFORD JASMINE R. BOBBITT KEVIN M. CARLSON MICHAEL C. CRASS DANA L. BOCHTE DAVID A. CARN, JR. BRIAN PAUL CRAWFORD RYAN A. BODGE ROBERT R. CARREON WESLEY M. CRAWLEY MARK P. BOEHRINGER BRIAN P. CARROLL BENJAMIN P. CRAYCRAFT ERIC D. BOGUE CHRISTOPHER M. CARROLL JESSICA RYAN CRITCHER ANDREW J. BOGUSKY JAMES S. CARROLL AARON M. CROFT TRAVIS R. BOHANAN BRIAN M. CARTER NORMAN CROSBY GREGORY R. BOLAND JONATHAN A. CARTER MATTHEW J. CROSMAN SHELLONDA S. BOLTON NICHOLAS J. CARTER JAMES WILLIAM CROUCH MATTHEW D. BOONE JESSE D. CASH DARRELL SCOTT CROWE JOHN M. BOOS JAROD L. CASTANEDA KAVERI T. CRUM MATTHEW R. BORAWSKI ROBIN CHRISTOPHER CASTLE JOHN F. CUDDY LUKE R. BORER MARITZEL G. CASTRELLON CRAIG J. CUDE GREGORY M. BORSCHOWA MICHAEL A. CATALANO SEAN P. CULLEN LORI ANN BORT BRIAN E. CATHCART JIMMIE L. CULVER STACIE LYNN BORTZ JONATHAN B. CATO DAVID A. CUMINGS BRIAN J. BOSEMAN LEVIS A. CAYCEDO JAMES RICHARD CURRAN TREVOR HALE BOSWELL KURT M. CEPEDA RODNEY C. CURTIS JONATHAN W. BOTT ALFRED W. CHAFFEE RUSSELL JAMES DABEL DOUGLAS P. BOTTOMS JUSTIN W. CHANDLER WILLIAM A. DABNEY JOSHUA P. BOUDREAUX MICHAEL T. CHANDLER ROLANDO G. DAGOC CHARLES P. BOWER KIMBERLY A. CHANG WADE E. DAHLGREN ANDREW PAUL BOWERS LANDON K. CHANG BRANDON JOSEPH DAIGLE APRIL J. BOWMAN JONATHAN J. CHANGO DENIS A. DALLAIRE ERIK EDWARD BOWMAN GEORGE L. CHAPMAN GERRIT H. DALMAN STERLING P. BOYER RYLAN M. CHARLTON ADAM C. DALSON ERIC D. BOYES PAUL A. CHASE WILLIAM LEE DALTON, JR. COOPER M. BOZARTH BRIAN L. CHATMAN DAVID J. DAMRON MACEY W. BOZARTH MICHAEL CHAVARRIA MICHAEL J. DAMRON NICHOLAS C. BOZO ORLANDO L. CHAVEZ GREGORY M. DANDELES RYAN J. BRADFORD SHAUN T. CHEEMA ANTHONY F. DANGELO LYDIA A. BRADLEYTYLER SARAH K. CHELGRENBROOKS COLLEEN B. K. DANIELS CALVIN J. BRADSHAW III DERRICK MICHAEL CHELLIAH ERIN LOUISE DANIELS ALLEN GEORGE BRANCO III JERALD M. CHENTNIK AARON T. DANNEMILLER PAUL M. BRAND CRAIG PATRICK CHEREK JONATHAN D. DARK DAVID A. BRAUN CASS A. CHESLAK CHRISTOPHER L. DATTOLI NICHOLAS R. BREFFITT ADAM G. CHITWOOD ALEXANDER S. DATZMAN RICHARD R. BREMER MYRON LEE CHIVIS ALICIA J. DATZMAN MICHAEL T. BREWER WILLIAM K. CHO ANDREW DAVENPORT, JR. RYAN A. BREWER PETER M. CHOI BRANDON LEWIS DAVENPORT EMERY J. BREZNAI THOMAS CHOU GENIEVE N. DAVID STEPHEN J. BRIDGES NILESH JETHALAL CHRISTIAN DAVID C. DAVIDSON DAMEION DAWAYNE BRIGGS FRANK J. CHRISTIANA AARON L. DAVIS EVAN J. P. BRIGGS JASON MANHON CHU ADAM K. DAVIS PAUL A. BRIGHTON WOO SUK CHUN JEFFREY C. DAVIS JASON M. BRINES KELLY P. CHURCH JEFFREY R. DAVIS GLENN E. BRISCOE, JR. MARC L. CHURCH LANING L. DAVIS LEE M. BRLETICH ERIKA R. CHUTE MARK L. DAVIS JEREMY M. BROCKMAN RYAN DOUGLAS CHUTE SCOTT P. DAVIS TIMOTHY W. BROKAW ADAM T. CIARELLA SETH S. DAVIS TIMOTHY J. BRONDER BRANDON J. CIELOHA MINDY A. P. DAVITCH ERIC LAMAR BROOKS ERIC W. CISNEY DAVID SODERBORG DAWSON NICHOLAS JEROME BROOKS LIAM J. CLANCY CHARLES E. DAY SHAWNTEZ L. BROOKS CRISTAL NICOLE CLARK HALLIE A. DAY ERICK P. BROUGH JACK AXEL CLARK JOHN G. DAYTON ANDREW L. BROWN JUSTIN M. CLARK BARRY N. DE IULIO BRANDON R. BROWN LEWIS D. CLARK, JR. ADRIAN S. DE LA FUENTES ERIK C. BROWN RHOSHAWNNAH D. L. CLARK TIMOTHY M. DEAN STEVEN D. BROWN MARY H. CLEMENT NICHOLAS MICHAEL DEANGELIS ROBERT D. BROWNING KYLE M. CLINTON JONATHAN A. DEARMOND MELISSA K. BRUEBAKER TRACY R. CLINTON MICHAEL L. DECKARD ABRAHAM F. BRUNNER TIMOTHY L. CLOUGH DARREL ANTHONY DELEON JARED JOSEPH BRUPBACHER JASON M. CLUGSTON RAYMUND P. DELEON BENJAMIN D. BRYAN CHRISTOPHER CLUTE JOHN H. DELONEY MARCUS W. BRYAN JOSHUA M. COAKLEY CUSTER JOSEPH DELOSTRINOS KELSEY C. BRYANT PAUL H. COBEAGA ALEXANDER C. DEMANSS RICHARD LEE BRYANT AARON L. COCHRAN WINELL S. DEMESA KYLE R. BUCHER DAVID A. COCHRAN HEATHER G. DEMIS BRADLY P. BUCHOLZ MARLON C. D. COERBELL JOSHUA A. DEPAUL HANS NICHOLAS BUCKWALTER STEPHEN B. COLCLASURE, JR. CHANDLER A. DEPENBROCK BOBBY M. BUDDE PRINCESS J. COLEMAN ERIC L. DEPRIEST MATTHEW D. BUEHLER STACI N. COLEMAN RACHEL M. DERBIS JOEL B. BUELOW GEOFFREY G. COLLEY BRIAN L. DESAUTELS KENNETH WILSON BURGI MATTHEW D. COLLINS ROBERT L. DESAUTELS WILLIAM J. BURICH MATTHEW L. COLLINS JOSHUA S. DESFALVY JAMES C. BURKE NEIL JAMES COLVIN ERIC M. DETURK JEREMY J. BURKE JAMES B. COMBS DAVID WAYNE DEUYOUR SEAN BURKE TROY S. COMBS NICHOLAS FRANCIS DEW MICHAEL B. BURKENFIELD JASON EDWARD COMPTON JANET D. DEWESE

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MARK E. DEYOUNG CARLOS J. FERRER BRETT E. GIBSON CHRISTOPHER J. DIAZ RONALD J. FERRIS, JR. KRISTEN A. GIBSON LERIA M. DIAZ DAVID J. FETH MATTHEW A. GIDLEY JOSEPH ANTHONY DICIOLLA RUSSELL B. FETTE LINDSEY ERIN GIGGY CHRISTOPHER B. DICKENS JOHN M. FIANDT JOHN WEBSTER GILBERT JOSHUA DAVID DIEHL MELISSA A. FIELDS JUSTIN D. GILBERT BEAU EUGENE DIERS BENJAMIN TAYLOR FINGARSON MYLES HAROLD GILBERT CHRISTOPHER A. DIETER CARLYNDA A. M. FINONA CHRISTOPHER L. GILES KEITH A. DIETER JAMES G. FINUCANE DAREN PAUL GILLESPIE JEFFREY A. DIETMAN AARON MICHAEL FISCHBACH JEFFREY D. GILLESPIE LAWRENCE A. DIETRICH MARK J. FISCHER MITCHELL NEAL GILLESPIE MATTHEW JOSEPH DILLSAVER LUKE J. FISHER KIEL R. GILLILAND MICHAEL JOHN DIMARIA, JR. ROBERT A. FISHER SCOTT W. GILLILAND KERRY V. DITCHEY KRISTINA L. FITZPATRICK GARRETT EDWIN GILMORE CARSON L. DODDS JONATHAN M. FITZSIMMONS JEFFREY J. GILMORE ANDREW J. DOERR SCOTT A. FLANDERS AJAY K. GIRI ERIC F. DOI BRIAN THOMAS FLANIGAN JASON ALAN GIRON MATTHEW W. DOLAN JESSE L. FLEENER ROBERT S. GLAS JASON JOHN DOLEMAN ANGELA K. FLEMING MICHAEL P. GLASS JAMES W. DOLSON KARI M. FLEMING ANTHONY E. GLESSNER BRADLEY T. DOMINGO KEVIN JAMES FLETCHER JEFFREY ALAN GODDARD, JR. BENJAMIN A. DONBERG EDGARD G. FLORES JUSTIN E. GODFREY LANCE D. DORENKAMP BRYAN M. FLORIO KALY MARIE GODFREY CHRISTOPHER J. DOROUGH JONATHAN M. FLOWERS PATRICK J. GODINEZ JOSHUA SCOTT DORR JEFFREY L. FOGLE JESSE A. GOENS RICHARD P. DORRANCE MARK L. FOGLE CODY W. GOETZ SARAH M. DOUD JACOB RYAN FOLEY ERIC M. GOLDEN MICHAEL JOSEPH DOUGLAS JARED S. FOLEY JOSEPH W. GOLDSMITH TIMOTHY J. DOWLING, JR. RICHARD F. FOLKERTS CHRISTOVAL GOMEZ, JR. JEFFREY L. DOWNING RICHARD C. FONGEMIE MICHAEL J. GONYO JOHN A. DOYLE JASON A. FOSTER EUGENE J. GONZALEZ PHILLIP H. DREW NICHOLAS P. FOSTER PEDRO E. GONZALEZ JOSEPH GUY DUBINSKY NICOLE C. FOSTER SARAH BETH GOOD ANDREW D. DUBOIS JOSHUA DANIEL FOWLER CURTIS BLAINE GOODELL MARTIN DUFEK LARRY P. FOXWORTH RYAN C. GOODLIN JACOB J. DUFF BRYAN JOSHUA FRAM PAUL A. GOOSSEN JEFFREY P. DUFFY MATTHEW R. FRANCHETTI BRANDON E. GORAB KYLE T. C. DUKE NAOMI L. FRANCHETTI JOSEPH C. GORMAN JAMES CHRISTIAN DUNCAN TERESA A. FRANK JAMES E. GORSUCH KRISTEN DIANNE DUNCAN TIMOTHY E. FRANK MATTHEW DALE GORSUCH ANDREW K. DUNN KYLE K. FRANSDAL BRENDHAN A. GOSS JONATHAN J. DUNN DANIEL L. FRANZ WALTER B. GOSS WILLIAM A. DUNN STUART G. FRASER MATTHEW E. GOSSELIN CHRISTOPHER G. DUPIN MICHAEL R. FRATES GREGORY A. GOSSNER MICHELLE LYNN DURAND JACLYN CORRINE FREDERICK STEPHEN WAYNE GOTER RYAN T. DURAND JOHN D. FREDERICK CHRISTOPHER PAUL GOTT JILL A. DURBIN JASON R. FREELS JESSICA L. GOULD ALICESON N. DUSANG CASEY M. FREEMAN FREDERICK E. GOUSE CHRISTOPHER E. DYER RODNEY L. FRIED JOHN R. GOWRING JASON RICHARD DYMOND JEFFREY RAY FRIES EVAN GRABELL RYAN O. EADS KELLY DAVID FRIESEN TIMOTHY W. GRADY OLIVER T. EASTERDAY ANDREW L. FRIOT RYAN M. GRAF KARL C. EASTERLY TIMOTHY J. FRITZ HARVEY C. GRAFTON JOHN DOMENIC EASTON STEVEN A. FROMM BILLY T. GRAHAM SARAH H. ECCLES JUSTIN H. FRONK ERIC A. GRAHAM MATTHEW E. ECK JOSHUA A. FRONTEL JOHN E. GRAHAM KATHERINE A. ECKERT CHARLES B. FROST KEVIN E. GRAHAM ROBERT ECKHARDT CLAUDIA K. FROST PATRICK A. GRAHAM AARON K. ECTON JOSHUA B. FRY AARON R. GRANGER BENSON A. EDWARDS MICHAEL W. FRYMIER AMY RAE GRANT JEREMY L. EDWARDS JASON R. FUHRER STEVEN N. GRAVES MICHAEL T. EDWARDS KERRI R. FUHS KEITH J. GRAWERT MICHEL J. EDWARDS JACOB T. FULGHAM STEVEN R. GREEN, JR. MATTHEW A. EGGEN KIM F. FULLER TODD M. GREEN J. T. EGGINTON MANDI L. FULLER BRANDON L. GREENAWALT MARYANN L. EHLEN MICHAEL J. FULLER BLAKE STEPHEN GREENFIELD WALTER R. EHMAN MARC K. FULSON CHONG H. GREGORY MICHAEL L. EIDE THOMAS F. FULTON NEIL WELLS GREGORY JARED EKHOLM MUSA S. FURR PAUL ROBERT GREGORY MATTHEW P. ELDREDGE DONALD J. FYFFE MATTHEW A. GRIFFIN TRAVIS T. ELLIOTT CHRISTIAN MICHAEL GABRIEL RICHARD AUSTIN GRIME BRETT J. ELLIS PAUL W. GAGLIARDI DARRELL L. GROB RYAN W. ELLIS JAMES R. GAISER JOSEPH R. GROSS, JR. ERIC T. ELMORE KEVIN L. GALLAWAY BRIAN R. GROSSWEILER JASON M. ELMORE MEGAN R. GALUS CHARLIE WEST GROVER, JR. RAYMOND J. ELMORE JUSTIN L. GAMEL JEANETTA L. GROVER NIMA EMAMI KRISTI LYNN GANA LUCAS F. GRUENTHER MICHAEL J. EMERSON STEPHEN J. GANT CHRISTOPHER D. GRUNER REBECCA M. EMERSON MARY ELIZABETH GARAVELLI BENJAMIN J. GRUSIN WENDY A. EMMINGER HENRY A. GARAY PETER GRUTERS MICHAEL A. ENGEL GARRETT M. GARCIA PETER J. GRYN WILLIAM L. ENGLEBERT MATTHEW B. GARCIA WERNER GEORGE GSCHWENDTNER MARK E. ENRIQUES SUSAN H. GARDENHOUR JASON M. GUADALUPE GUY H. EPPS RANDALL J. GARDNER JESSICA A. GUARINI TODD J. ERB BRIAN GARRETT CHAD R. GUENDELSBERGER MICHAEL J. ERDLEY DAVID M. GARRETT BENJAMIN J. GUENTHER JENNIFER L. ESCHBAUGH JASON T. GARRISON DAVID T. GUENTHNER STEPHEN A. ESCHMANN JENNIFER GARRISON ANGEL J. GUERRERO MARK B. ESGUERRA VIRNON S. GARRISON JONATHAN R. GUERRERO HILARIO J. ESQUIVEL JOHN C. GARVEY MICHAEL CRAIG GUERRERO JONATHAN JOSIAH ESSES JOHN DAVID GARVIN RYAN P. GUESS WILLIAM A. ESTEP MATTHEW BODELL GARVIN KRISTOPHER D. GUFFEY PETER S. EULER THOMAS A. GARVIN JONATHAN A. GUNTHER JOSHUA M. EVANS AARON J. GAST JULIO ENRIQUE GUZMAN ROBERT C. EVANS CHAD GATHERER LORI M. HAAS RONNIE W. EVANS ROBERT G. GATTI ALAN M. HAEDGE STEPHEN A. EVELYN ADAM J. GAUDINSKI ERIK J. HAEUPTLE COREY S. EVERAGE DARAN S. GAUS PHILIP M. HAFDAHL DAVID L. EVERSON BRENTON R. GAYLORD CHRISTOPHER HAGEMEYER CHRISTOPHER J. EVEY RYAN SCOTT GEAR KELBY A. HAGERLA BRETT D. FABER ROBERT M. GEARHART BRECK B. HALE JAMES E. FAGAN DAVID ALAN GEBBIE JACOB E. HALE JEFFREY D. FALANGA JENNIFER LYNN GEFFRE CHRISTOPHER HALEY CHARLES A. FALLON DALLAS L. GEHEB DAVID MICHAEL HALL MICHAEL D. FANTON DREW L. GEHLER LUCAS HALL FRANCIS T. FAPPIANO DANE J. GEHRMANN MEGAN F. HALL MATTHEW THOMAS FARRER JOSE A. GEIGER STACY HALL THOMAS O. FAUST II CHRISTOPHER L. GENELIN TERRY L. HALL ERIC H. FAY STUART M. GENTRY CHRISTOPHER N. HALLE GEORGE T. FAY EUGENE J. GEORGESCU JERALD L. HALLETT GENA MICHELLE FEDORUK STEFAN GERARDS CHRIS ALAN HALSRUD MICHAEL A. FEIGENBLATT KELLY A. GERLACH JESSE WILSON HAMEL SHANNON FENNIMORE LISA R. GERLT JASON S. HAMILTON RYAN E. FERDINANDSEN CHRIS W. GESCH JEREMY T. HAMILTON LANCE EVERETT FERGUSON RUSSELL H. GHEESLING JUSTIN M. HAMILTON ANGELO T. FERNANDEZ JEFFREY S. GIBBENS, JR. IAN W. HAMLYN JOHN Z. FERNANDEZ ANTHONY DUWAYNE GIBSON THOMAS C. HAMLYN

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JOSHUA K. HAMM JACOB J. HOSTETLER JONATHAN KINGSTON KEEN ERIC M. HAMMERBECK JONATHAN F. HOUGH STEVEN A. KEENAN COURTNEY B. HANCOCK MICHAEL EDWIN HOUGH WILLIAM J. KEICHEL JOHN C. HANCOCK BRIEN W. HOUSE ADAM T. KEITH MATTHEW L. HANE CLARENCE C. HOUSTON, JR. ELIZABETH GAYLE KELLER TERRY B. HANKINS BRYAN G. HOWARD MARC A. KELLER RUSSELL M. HANKS JOSEPH R. HOWARD JAMIE L. KELLEY SHAWN M. HANNAH BRAD N. HOWELL DANIEL A. KENAN JAMES CHRISTOPHER HANNAN BRANDON J. HOWELL KELLY D. KENDALL BRIAN E. HANS CHRISTOPHER J. HOWELL CHRISTOPHER A. KENNEDY JORDAN N. HANS KENNETH B. HOWELL MICHAEL DAVID KENNEDY JONATHON D. HANSEN RYAN A. HOWELL PATRICK J. KENNEDY SEAN J. HANSEN ERIK L. HOWG VICTOR ALAN KENT COLIN Q. HANSON KEVIN T. HOY DAVID ALAN KEPHART, JR. PETRINA A. HANSON NEIL J. HOY APRIL L. KERR JEFFREY S. HARDIN BRIE E. HUDSON MARVIN RYAN KERR PHILLIP N. HARDIN DUSTIN RYAN HUDSON JUSTIN W. KERSHAW JEFFREY R. HARDING MATTHEW T. HUDSON SARA D. KERSHAW ALLISON S. HARDWICK RYAN T. HUDSON PATRICK E. KILLINGSWORTH MICHAEL J. HARDWICK CODY A. HUET CHRYSTOPHER SHADE KIM JUSTIN LANE HARGROVE JAMES R. HUGHES DANIEL HAN KIM ANIL HARIHARAN RICHARD K. HUGHES JAY KIM ROBERT CARSTEN HARLAN RICHARD T. HUGHES III TED TAE WOO KIM MATTHEW A. HARMON SHANNON MADDOX HUGHES JONATHAN SAMUEL KINARD THOMAS B. HARNEY MELISSA LEURIDAN HULL MICHAEL J. KINDEL THOMAS P. HARPER BRIAN C. HUM BERNARD ROBERT KING BRANDEE J. HARRAL JUSTIN C. HUMMEL JONATHAN D. KING MAXWELL F. HARRELL, JR. MATTHEW A. HUMPHREY KATHRYN A. KING RYAN MARC HARRELL TENAYA GOC HUMPHREY BRIAN C. KINNEY TERRY L. HARRINGTON PETER ANTHONY HUNT RANDOLPH B. KINSEY ADAM M. HARRIS JASEN W. HUNTER TIMOTHY JAMES KINSEY CHRISTOPHER S. HARRIS TERI M. HUNTER KEVIN C. KIRBY JOHN J. HARRIS MORGAN L. HURLIMAN JOSHUA MICHAEL KIRKUM MARK L. HARRIS JAVIER HURTADO, JR. CAMERON T. KISSELL RYAN S. HARRIS CRAIG R. HUSBY JOSHUA D. KITTLE WILEY A. HARRIS ROB STEPHEN HUSMANN NATHAN H. KITZKE BRYANT D. HARRISON RONALD HUSTWIT JESSE A. KLAETSCH JULIE A. HARRISON ERIC L. HUTCHESON DARWYN D. KLATT CHRISTOPHER L. HART MARCUS DAVID HUTSON MARK KLECHA JOHN I. HART MICHAEL ANTHONY HYLAND JEFFREY ROBERT KLEIN JEFFERY E. HARTBERGER SEAN C. IANACONE MARK E. KLEIN DEVIN D. HARTMAN COLLEEN A. IARDELLA MICHAEL JOSEPH KLIETZ NATHAN HARTMAN ROBERT J. ICE DANIEL L. KLINE PATRICK C. HARTMAN JOSHUA LYLE ILLS MATHEW S. KLINGENBERG JOSHUA J. HARTY BENJAMIN D. INNERS MICHAEL BRADLEY KLUSE RANDALL L. HARVEY II JOSE D. IRAHETA DAVID P. KLUTTZ ROBERTA L. HATCH HARLEY D. IRONFIELD JAMES HENRY KNAACK, JR. MANUEL I. HAUCK MICHAEL L. IRWIN JASON T. KNAB ADAM C. HAUER FRANCISCO JAVIER ISASMENDI JORDAN W. KNAUB DANIEL S. HAUGH RUSSELL A. ISEMINGER BRANDON R. KNUTZ SEAN N. HAUGSVEN CARL A. IVEY III KEVIN D. KOBITHEN JOSHUA B. HAWKINS CARL J. JACKSON, JR. JEFFREY D. KOCH CHRISTOPHER HAWZEN JAMES D. JACKSON JOHN R. KOEGEL MICHAEL E. HAYEK SHANNON M. JACKSON MEGAN E. KOEHLER CASEY J. HAYES BRETT RYAN JACOBS CHRISTOPHER P. KOJAK JOSEPH J. HAYES, JR. RICARDO JAIME DAVID A. KOLTON KEVIN L. HAYNIE RUSSELL JAMES KEVIN M. KOREN ANDREW L. HAZELTON PETER G. JANECZKO ADAM J. KORNITZER RUSSELL J. HEALY BENJAMIN A. JANS ARTUR H. KOSYCARZ QUINCY M. HEARNS JAMES R. JARSKEY JASON S. KRAMER AARON M. HEDRICK CHRISTOPHER D. JEFFERSON ZEBEDIAH MICHAEL KRANTZ ANDREW M. HEIDEL DAVID LEE JELTEMA SEAN KRASSOW LOUIS M. HEIDEMA JEFFREY B. JENKINS TIMOTHY D. KREKELBERG CARSON M. HEIER CHRISTOPHER B. JENSEN DANIEL R. KRESGE RUSSELL T. HEIFNER STEVE W. JENSEN JOSEPH M. KREYKES CHRISTOPHER W. HEINZ GEOFFREY C. JERNIGAN SEAN M. KRISKO KATRINE B. HELLEBERG NEIL R. JESSE MICHAEL GREGG KRUK BENJAMIN T. HELLER MEREDITHE A. JESSUP II JOSHUA R. KRUM DANIEL K. HELLER EDGAR AQUITANIA JIMENEZ KARSON KUHLMAN NICHOLAS J. HELMS PEDRO JIMENEZ MARJORIE ANN KUIPERS MARK ALLEN HENDRICKS STEPHEN P. JOCA JASON E. KULCHAR NAOMI Y. HENIGIN RYAN R. JODOI JOSEPH LA MONICA ALLAN J. HENLEY BENJAMIN N. JODY TESS E. LABOWITCH JONATHON M. HENSEL ALEX C. JOHNSON CRAIG M. LABRECQUE JENNIFER M. HENSLEY BENJAMIN A. JOHNSON RICHARD S. LACA AARON J. HEPLER BENJI L. JOHNSON BRENT RICHARD LACY WILLIAM A. HERMANN CHRIS T. JOHNSON VILACHACK LADARA CODY W. HERN CHRISTOPHER M. JOHNSON JAMES E. LADUKE ALFONSO S. HERNANDEZ JACOB RILEY JOHNSON AMIA M. LAGRONE ELIA B. HICKIE JASON K. JOHNSON CHRISTOPHER R. LAIRD MARK M. HICKIE JOSHUA D. JOHNSON ERIC LAM BRIAN E. HIGGINS MATTHEW THOMAS JOHNSON TRAVIS J. LAMB DANIEL PAUL HIGHLANDER MAX C. JOHNSON SUEANN LAMIA JONATHAN T. HIGHLEY MICHAEL A. JOHNSON CHELSEA ELIZABETH LAMPING DAWN L. HILDEBRAND PAUL STEPHEN JOHNSON LOGAN JOSEPH LAMPING DARREN L. HILL ROBERT JOHNSON STEPHEN VINCENT LANCE ROBERSON O. HILL ROBERT JOSEPH JOHNSON AARON L. LANDENBERGER CHAD M. HILLEN SCOTT C. JOHNSON AMANDA JO LANGENBRUNNER KENNETH J. HILLS SHANE D. JOHNSON STACY K. LANTO JENNIFER P. HINES ERIC G. JOHNSTON MATTHEW ANTHONY LAPHAM TRAVIS J. HINKLE SHEILA N. JOHNSTON NICHOLAS P. LAPLANT ISAAC J. HIPPLE CHRISTOPHER O. JONES LEIGH P. LARKIN KENNETH M. HIRZEL CLARK RODMAN JONES REID ALLEN LARSON GRADY C. HOAGLUND CLAYTON L. JONES DAVID P. LASAGNA DARA HOBBS DANA R. JONES MICHAEL J. LASHINSKI TIMOTHY M. HOCH KATHRYN V. JONES DEWITT TALMADGE LATIMER IV JASON R. HOCK MELODY R. JONES CHARLES D. LAUBACH KENNETH J. HOEKMAN MICAH C. JONES RYAN CHRISTOPHER LAUGHTON JASON J. HOFSTEDE THOMAS DANIEL JONES DARYL L. LAUGIER BETHELMY JOSHUA B. HOLADAY TOBIAH MICHAEL JONES BRANDON D. LAVALLEY JASON L. HOLDER TOMMY GEORGE JONES JENNIFER M. LAW MICHAEL B. HOLL WILLIAM R. JONES LASHEAN LAWSON JOHN D. HOLLAND PETER SUNGJEAN JOO PAUL J. LAWSON JONATHAN J. HOLLAND PHILIP C. JOSEPH LUCAS M. LAYMAN JOSHUA JOHN HOLLAND DANIEL JOSEPH JOYCE DARRIN P. LAYTON JAMES WILLIAM HOLLER JASON BOYD JUDGE FRANCISCO ARNALDO LEACH LAWRANCE S. HOLLINGSWORTH MATTHEW G. JUDGE ROBERT N. LEAKE CHARLES E. HOLMES AARON SHAWN JUSTICE KRISTA L. LEAMAN BRIAN D. HOLT JOSEPH E. KABATEK DEREK J. LEARY JEREMY L. HOLT ROBERT ALLEN KAEGY WILLIAM J. LEATHERS MICHAEL K. HOLTZ JEREMY J. KAHOE RYAN LOUIS LEBLANC CHRISTOPHER E. HONEYCUTT CAROL A. KALE STEVEN M. LEBLANC SEAN E. HOOK ROBIN J. KAMIO MICHAEL T. LEBRUN STEPHEN J. HOPP AARON S. KARCHER RAVEN JUN LECLAIR BONACICH AMY CHINYERE HORAN WILLIAM R. KASTNER JEFFREY J. LEDEBOER RAMSEY MARTIN HORN JUSTIN D. KEATING DANIEL BRUCE LEE KENNETH W. HORTON PAUL M. KEDDELL II DANIEL E. LEE

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JAMES D. LEE MILLARD MATTHEWS III MICHAEL E. MOSS JASON KYLE LEE ALLAN M. MAUGHAN KARI K. MOTT MICHAEL A. LEE ANDREW J. MAUS NATHAN CHANDLER MOTT SANG HYUN LEE AARON M. MAYER CASEY P. MOTTINGER JOHN WILLIAM LEFEVERS DORINDA MUSITANO MAZZA PETER RICHARD MOUGHAN III JOHN M. LEGER RYAN MICHAEL MCADAMS TAI R. MOULTRIE CHRISTOPHER ALAN LEININGER DAVID M. MCALROY ERIC DWAYNE MOWLES BENJAMIN DAVID LEMKE DEREK J. MCCAFFERTY DUSTIN J. MOWREY COLIN M. LENNON KENNETH E. MCCALL HEATHER MARIA MUELLER MATTHEW M. LEONARD JASON DANIEL MCCARGAR THOMAS L. MUELLER NATHAN M. LEUTHOLD CHRISTINA M. MCCARTY JEREMY S. MULLEN AARON R. LEWIS JASON BRUCE MCCLURE BRYAN DANIEL MUNDHENK JUSTIN R. LEWIS DANIEL W. MCCOMBS CHRISTOPHER J. MUNDY NATHAN P. LEWIS JOHN P. MCCOY MARTIN ALBERTO MUNIZ CHRISTINA LEWRY BAILEY MICHAEL B. MCCOY SCOTT DANIEL MUNN ADAM J. LIDDLE JAMES R. MCCUE SHYAM R. MUNSHI ROBERT L. LIDOWSKI SEAN W. MCCURDY DOUGLAS J. MURPHY NATHANIEL C. LIEFER LOUIS P. MCDANELD MATTHEW MILNER MURPHY PAUL LIENHARD, JR. RYAN DAVID MCDANIEL STEPHANIE ANN MURPHY LYNN M. LIGHTFOOT JOHN C. MCDONALD NICHOLAS CARL MURRAY WEILUN LIN LLOYD E. MCDONALD TREVIN A. MURRAY JOSE CARLOS LINARES SANDRA J. MCDONALD STRYSAN MURRELL ULYSSES LINARES KEVIN A. MCDONOUGH PAVITRA P. MURTHY JACOB L. LINDAMAN SHANNON A. MCDOUGALD MEGAN M. MURTISHAW JASON WADE LINGLE KELLY KATHLEEN MCELROY JAMIL I. MUSA JOSEPH M. LISANTI ERIC T. MCEWEN MATTHEW R. MUSTAIN NEIL D. LISOWSKI CHESTER D. MCFARLAND BRADLEY A. MYERS JASON E. LITTLE CHRISTOPHER SHAWN MCGOFFIN DAVID W. MYRICK WILLIAM GREGORY LITTLE ROBERT A. MCGOWAN, JR. GARY RAY MYRICK, JR. CHRISTINE R. LITTLEJOHN MICHAEL D. MCGRATH NATHANIEL ROSS NADDELL DOMINIC GENE LITWIN DONALD TODD MCGRAW STEFAN C. NAGY JEREMY ALAN LOCK GERALD J. MCINTOSH JUSTINE T. NARDONE MARTA A. LOFTHOUSE BARRY V. MCKEOWN RYAN A. NATALINI NICHOLAS S. LOFTHOUSE SEPTEMBER SHANNON MCKIMMIE JAMES W. NAUGLE ANITA GUEVARA LOGAN JENNIFER A. MCKINLEY JAY M. NEESE MORGAN PARK LOHSE MICHAEL K. MCKINNEY MATTHEW BRETT NEFF ALICE MARIE LONG TROY ANDREW MCLAIN JACK A. NELSON JAMES S. LONG II BRENTON L. MCLOUGHRY SCOTT E. NELSON JOSH L. LONG MATTHEW K. MCMILLAN THOMAS R. NELSON JUSTIN L. LONG WALTER MCMILLAN IV JOEL JEFFREY NEUBER ROBERT ADAM LONIEWSKY MICHAEL P. MCNABB JEFFREY JAMES NEUMAN SUSANNE L. LONSBERRY COLIN J. MCNAMEE MATTHEW W. NEVIUS MICHAEL F. LOOS KEVIN MCNEELY JASON M. NEWCOMER LYDELL Z. LOPEZ CHARLES MANLEY MCNIEL PAUL T. NEWELL MARTIN G. LOPEZ MATTHEW C. MCNULTY JOSEPH D. NEWKIRK MIGUEL A. LOPEZ AMY L. MCQUITTY THOMAS MICHAEL NEWLON VICTOR HUMBERTO LOPEZ DANIEL P. MCVAY HIEN V. NGUYEN ERICK DEAN LORD AMBER E. MCVEIGH DANIEL K. NIBBELINK BRANDON T. LOSACKER JOHN B. MEADOWS, JR. JOSEPH D. NICHOLS ALAN KEVAN LOUIE SCOTT E. MEARS JAMES J. NICOLOFF BRIAN R. LOW ADAM J. MEDINA JONATHAN D. NIEBES BRYAN S. LOWE BENJAMIN J. MEIER JASON DONALD NIEDERHAUSER JEREMY E. LOYD JAMES CROMARTIE MELVIN LETITIA BEATRICE NIELSEN NATHAN A. LOYD RANDALL G. MERCER DEREK J. NIVENS BRYAN E. LUCAS TREVOR T. MERRELL MATTHEW R. NIX MICHAEL DAVID LUCAS CHAD MESSINIO ROBERT RAYMOND NOEL II FREDERICK A. LUCK WALTER J. METTLER RITA L. NOLAN CHRISTOPHER J. LUCZUN ERIC LOWBER METZGER SUMMER SONG NOLAN JASON TAYLOR LUDWIG RANDY M. METZGER KALEB CRAIG NORDGREN ANDREW J. LUECKENHOFF CASEY DANIEL MEYER NICHOLAS BENTON NORGAARD JASON J. LUGO SCOTT W. MEYER BENJAMIN J. NORRIS CONRAD A. LUND MICHAEL P. MIHALIK JUSTIN W. NORTON CLAIRE JEANETTE LUNDBERG DALLAS P. MIKAELSEN BENJAMIN R. NORWOOD JOSHUA D. LUNDEBY WILLIAM J. MIKLO HERMAN NORWOOD, JR. MICHAEL A. LUNDIN AARON B. MILLEDGE BRIAN M. NOVCHICH CHARLES F. LUNDINE, JR. ANDREW C. MILLER JOSHUA B. NUCCIO JOSEPH STANFORD LUPA, JR. BRIAN Y. MILLER JEFFREY DAVID NUNEZ DARIN E. LUPINI DAVID W. MILLER BERNARD JOSEPH NYZIO III JEREMY J. LYDIC JAMES DAVID MILLER SCOTT THOMAS OBER JOHN V. LYFORD JEFFERY M. MILLER DAMIAN XAVIER OCHS ANDREW J. LYNCH JEFFREY R. MILLER PHILLIP J. OCONNELL ERIC L. LYNN MATTHEW S. MILLER CHRISTOPHER B. OCONNOR THERESA D. MAAGOUL RYAN D. MILLER JIMMY R. ODOM CHRISTOPHER R. MACDONALD RYAN S. MILLER MARGARET ERIN ODONNELL MATTHEW W. MACDONALD HERBERT F. MILLET III ROBERT J. OLIPANE NICOLE D. MACGREGOR RAKANEM MILLIGAN RYAN P. OLISH JENNIFER MORGAN MACK CRAIG E. MILLS JONATHAN H. OLIVA BRANDON K. MACKAY BRYAN J. MINATEL NATHAN P. OLSEN QUENTIN DAVID MACMANUS SAMUEL R. MINK ADAM JAMES OLSON JOHN D. MACRAE ANTHONY J. MIONE COURTNEY L. OLSON ERIC R. MADDOX JOSEPH S. MIRANDA JAMES R. OLSON STEPHEN L. MADDOX CHRISTOPHER STEPHAN MISER MATTHEW D. OLSON DAVID T. MADSON DAVID MITCHELL SCOTT A. OLSON DANIEL L. MAGRUDER JARED L. MITCHELL JOHN P. OMEARA JOSEPH L. MAGUADOG LYDANKO VICENTE MITCHELL SHANNON E. ONEAL ANDREW J. MAGUIRE RYAN P. MITTELSTET SAMUEL RICHARD OPPELAAR II DAVID M. MAHAN DANITA NORDLUND MOATS MICHAEL G. OPRESKO JUSTIN MAHONEY STUART D. MOATS JONATHAN C. OREAR RYAN M. MAHONEY GENTRY L. MOBLEY SCOTT D. ORME LOGAN ORION MAILLOUX KATHRYN MORGAN MOBLEY SEAN V. ORME ZARINE E. MALESRA MICHAEL LEE MOBLEY DAVID A. ORNELAS JOHN T. MALLORY DANIEL T. MODROW KRISTIN S. OROURKE RODGER T. MALMGREN SARA M. MOE RAYMOND K. ORR BRENDAN THOMAS MALONEY KENNETH P. MOERSCHER RACHELLE RENEE OSBORN TYRONE C. MANEGDEG MICHAEL P. MOLESWORTH BRANDON J. OSTEEN TIMOTHY P. MANNING JASON D. MOLL DAVID FRANKILIN OSTERHAUS GREGORY M. MANSFIELD THOMAS HAROLD MONCRIEF III ERIC EDWARD OTTO RYAN P. MANSFIELD WILLIAM PAUL MONCRIEFF MICHAEL J. OUELLETTE ERNEST M. MARAMBA DANIEL R. MONTES MELANIE W. OWEN ERIK A. MARCOV BRANDON W. MOORE RYAN K. OWEN JOHN J. MARK BRENT M. MOORE TOMAS G. OWEN PATRICK R. MARKEY PATRICK J. MOORMAN JERRY C. OWENS MICHAEL J. MARKLEY ROBERT ANTHONY MOORS DAVID M. PADILLA CHRISTOPHER J. MARRIOTT JOHN C. M. MORASH LISA JOE PAGANO MARY KATHERINE MARSHALL SAMUEL L. MORELAND DAVID M. PAGE CALE A. MARTHENS JASON RUSSELL MORGAN LUIS F. PALACIOS AARON P. MARTIN JOSEPH T. MORIN DAVID W. PALAND ADRIAN I. MARTIN CALFORD E. MORRIS DAVID G. PALMER TERRY R. MARTIN, JR. RODERICK HAVEN MORRIS DAVID NILES PALMER ALAIN N. MARTINEZ TIMOTHY A. MORRIS RONALD D. PALMER JEFFREY A. MARTINEZ WILLIAM S. MORRISON JASON A. PANG OSCAR R. MARTINEZ CHRISTOPHER J. MORTON CHAD M. PANIER JOHN SWAIN MASCELLI THOMAS A. MOSEDER JAY TODD PANKEY PETER EDWARD MASK MICHAEL W. MOSELEY DAVID F. PAOLILLO ERIC H. MASON SHAWN M. MOSHER BRIAN E. PARADISE CARLOS E. MATOS JOHN M. MOSIER JASON H. PARKER DONALD J. MATTES STARGELL A. MOSLEY JASON NOEL PARKER

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SHAUN C. PARKER DANIEL R. RAMIREZ JAMES M. ROWLAND THOMAS E. PARKER JUSTIN BERNARD RAMSEY SAMUEL J. ROYAL WILLIAM EVERETT PARKER IV ROBERT K. RANKIN, JR. EDWARD J. ROZAK GABRIEL JOHN PARKISON JESSICA YE RAPER JAMES T. RUBY JARED M. PARKS JOSHUA D. RASMUSSEN JULIE ANNE RUDY JEFFREY M. PARRISH JOSHUA J. RASMUSSEN MICHELLE C. RUEHL JEFFREY M. PASQUAL LANCE J. RATTERMAN KENYATTA HENTS RUFFIN TRAVIS W. PASSEY ROBERT A. RAUCH CHRISTOPHER C. RUMPF RADIS J. PASTER BRIAN S. RAVAK SCOTT T. RUPPEL JAMES A. PATE TIMOTHY J. RAWSON MARION M. RUSSELL ADRIAN CIPRIAN PATRASCU TIMOTHY DANIEL RAY NEIL D. RUTAN ROBERT W. PATTON, JR. JESUS A. RAYMONDVENTURA CHRISTOPHER P. RYAN KEVIN A. PAUL VINCENT A. REA JOHN D. RYAN MICHAEL C. PAUL STEVEN B. REAGAN THOMAS M. RYAN, JR. KEVIN D. PAULINI EVAN T. RECK TIMOTHY C. RYAN ANDREW PATRICK PAYNE ADAM T. RECTOR YOHEI M. SAEGUSA STEVEN MARVIN PAYNE VERNON F. REDDICK BRETT E. SAILSBERY RYAN M. PEARCE CHARLES W. REDMOND MARK SAKAI LINDELL E. PEARSON III SHAWN M. REDMOND NAILAH SHABAZZ SAKIN JAY W. H. PEASE RYAN EVREN REED BENJAMIN E. SAKRISSON MICHAEL ALLEN PECENKA DANIEL J. REES ERICK L. SAKS JEFFREY JAMES PEDERSEN JASON REGESTER CARLOS SALAS, JR. WINSEN PEELE JESSICA L. REGNI ROSELINE F. SALAZAR JOHN D. PEGG RICHARD B. REHS ANDREW L. SALCIDO ZACH ALBERT PELLONARI BRADLEY GLEN REICK ANDREW CHRISTOPHER SALLOUM ARMA F. PELTIER CHRISTOPHER A. REID REID A. SANBORN ARON DAVID PENA PETER J. REILEY AARON R. SANDERS MATTHEW M. PENHALE SCOTT J. REIN JASON A. SANDERS ALFRED S. PENNINGTON ERIC B. REINHART MARIETTA ELIZABETH SANDERS BRADLEY M. PEREGRIN DAVID G. REINKE MICHAEL FRED SANDERS CHRISTINA P. PEREZ DEANNA DUNHAM RENN WILLIAM D. SANDERS MIKE A. PEREZ ROBERT T. RENNELL WILLIAM F. SANDERS IV JOEL P. PERLIN CHARLES F. RESTALL KELLY S. SANDUSKY MATTHEW M. PERRIE MUNSOO A. RETHMEIER RICHARD PAUL SANDWICK JAMES M. PERRY JUSTIN R. REYNOLDS MATTHEW J. SARKISSIAN THOMAS JAMES PERRY ANDREW MARCUS RHOADES MATTHEW A. SARTORI REDAHLIA S. PERSON TRAVIS ROY RHODE AARON PATRICK SAUER KIMBERLY S. PETERS JACK W. RHODES III OMELIA A. SAUNDERS GANTS MATTHEW P. PETERSEN JOHN C. RICE, JR. JAMIE HOUSTON SAUNDERS FREDERICK WILLIAM PETERSON ALEXANDER B. RICH MATTHEW MACDONALD SAVAGE SEAN S. PETERSON DAVID BENJAMIN RICH KEVIN J. SAVIDGE TODD E. PETERSON THOMAS ANDREW RICH JONATHAN SAWTELLE STEVEN JOSEPH PETRIZZO CHRISTOPHER DANIEL RICHARDS TIMOTHY R. SAXTON NOREEN M. PETTY EDWARD FRANCIS RICHARDS GREGORY JOSEPH SCHAEFFER JOSH D. PHIFER JASON R. RICHARDS WILLIAM K. SCHAEFFER CHARLES NICHOLAS PHILBECK MICHAEL W. RICHARDS COLLEEN SUE SCHAELLING CHRISTOPHER L. PHILLIPS JAMISON S. RICHART ZACHARY T. SCHAFFER JONATHAN PAUL PHILLIPS JAMES P. RICHIE DANIEL C. SCHILLER ROBERT L. PHILLIPS II NICHOLAS WAYNE RICHTER CHRISTOPHER C. SCHLAGHECK WELLINGTON V. G. PHILLIPS BRIAN MICHAEL RICKERT, JR. SCOTT P. SCHLEGELMILCH BRENTON M. PICKRELL MICHAEL E. RIDLEY KIRK M. SCHLUETER JOSHUA K. PIEPER ANNE CHRISTINE RIDLON KEVIN WALTER SCHMAEMAN CHRISTIAN J. PIERCE PATRICK D. RIENZI ERIK J. SCHMID SCOTT JAY PIERCE AARON MICHAEL RIESS RYAN T. SCHMID ZACHARY IVAN PIERCE JUSTIN M. RIESTER KURT A. SCHMIDBAUER JAMES E. PIKE III JEROD J. RIFE DENNIS M. SCHMIDT JONATHAN PIMENTEL GREGORY A. RILEY MICHAEL B. SCHMIDT DAVID F. PINA RYAN X. RILEY TIMOTHY R. SCHMIDT JAMES R. T. PINSON TIMOTHY DAVID RILEY DAREK MICHAEL SCHMIEDEBUSCH ANDREW E. PIPPIN PHILIPP E. RISSEEUW MATTHEW M. SCHMUNK BRADLEY M. PIROLO MATTHEW A. RITENOUR ERIC MATTHEW SCHNARR NATHAN A. PITCHER AARON W. RITTGERS BENJAMIN J. SCHNEIDER JOEL A. PITMAN MYA J. RIVERA ROBERT N. SCHOENEBERG DONELL D. PITTMAN III NATHAN A. RIVINIUS SCOTT D. SCHOFIELD MATTHEW P. PLATT TYLER W. ROBARGE RAYMOND W. SCHOLZ SETH D. PLATT MICHAEL J. ROBB DANIEL B. SCHRECK RANDALL D. PLETZER ANDREW JAMES ROBERTS MARIKA B. T. SCHRECK MATTHEW LYNN PLUNKETT JASON EDMOND ROBERTS MATTHEW KENNETH SCHROEDER JUSTIN MICHAEL PODNAR DAVID M. ROBERTSON TYLER B. L. SCHROEDER JILL A. POEPPELMAN TYLER STORER ROBERTSON RICK G. SCHUESSLER MITCHELL R. POHLMAN RICHARD V. ROBICHAUD JEREMY D. SCHULD BRIAN JAMES POLISE CHRISTOPHER R. ROBINSON DAVID C. SCHUSTER JOSEPH CARLYLE POMAGER ERIC H. ROBINSON JOHN M. SCIUTO CLAUDE A. POOLE II MATTHEW H. ROBINSON JOHN R. SCOGGINS III MARTIN POON MATTHEW J. ROBINSON JOHN REBER SCOTT DANIELLE N. POPE KERRI A. ROCHMAN ROBERT W. SCOTT IV MATTHEW THOMAS POPE JAMES P. RODGERS DONALD A. SEABLOM CATHERINE ANN PORCHER MARCUS RODRIGUEZ ARCHILLA ETHEL N. SEABROOKHENNESSY NATASHA N. PORCHER CLEVE P. RODRIGUEZ CHRISTOPHER E. SEAMANS DONNA P. PORTER SIMMONS JAVIER RODRIGUEZ EVAN TYLER SEARLES LAURA M. PORTER LUIS RODRIGUEZQUIRINDONGO DANIEL CHARLES SEBECK ROBERT A. PORTER VIDA JACOB ROEDER MICHAEL A. SECHLER FAITH K. POSEY WILLIAM JOHN ROEDL SANDRA SEIDEL PHILIP S. POSTELL BRAD R. ROEHRIG TRENTON A. SELAH MICHAEL WILLIAM POVILUS DAVIS J. ROGERS CAMERON N. SELLERS JOHN D. POWELL JILL D. ROGERS DANIEL MARK SELLERS WAI Y. PRESIDENT MARSHALL M. ROGERS DONALD C. SELLERS DANIEL L. PRESLAND NATHAN J. ROGERS WILEY W. SEMRAU NATHAN W. PREUSS ROBERT C. ROGERS NEIL R. SENKOWSKI CHRISTOPHER ROBERT PREVITE SAMUEL G. ROGERS ELLEN M. SERRA JARRED L. PRIER STEVEN F. ROGERS JUSTIN D. SETTLES TODD M. PRINE WAYNE C. ROHE JOHN C. SEVERNS LUKE D. PRISK DON E. ROLLEG KRISTEN D. SHADDEN KEVIN P. PRITCHARD DARIN MICHAEL ROMAIN MICHAEL AYOUB SHAHEN JAMES W. PRITCHETT CALVIN T. ROMAN, JR. STEVEN C. SHALLENBERGER MATTHEW T. PROCHAZKA JOSEPH ROMANRAMIREZ JOSEPH R. SHAMESS NELSON J. PROUTY MIGUEL J. ROMERO CHARLES R. SHANK NICOLE R. PROVOLT CHRISTOPHER M. RONDEAU TYLER P. SHARRETT DOUGLAS M. PRUITT GARY EDWARD ROOS CHARLES C. SHAW JASON G. PRUITT KRISTOPHER W. RORBERG DALBERT R. SHAW MATTHEW A. PSILOS BETH ANN ROSARIO MARK A. SHELDON CHRISTOPHER M. PUGH JOHN P. ROSE KELLY L. G. SHELEY AARON MICHAEL PULCIFER RYAN A. ROSE PAUL J. SHELNUTT THOMAS R. PURDIE TAMMY A. ROSE JEREMY W. SHEPPARD CHRISTOPHER R. PUSTKA WILLIAM E. ROSE SAMUEL R. SHERERTZ JON P. C. QUINLAN CHRISTOPHER D. ROSS KERRY M. SHERIDAN JAMAL P. QUINNERT JAMES ALLEN ROSS PHILLIP P. SHERIDAN GEORGE EDWARD QUINT JOHN W. ROSS JOSEPH W. SHETTERLY RICHARD SURIYA QUINTON SHANE M. ROSS KENNETH FRANCIS SHEYKA JAMES R. RABON EDWIN RUSSELL ROTAN II BRETT A. SHILLING DAVID JOSEPH RACHAL EVAN P. ROTH JASON WILLIAM SHIRLEY ROBERT C. RADESKY, JR. JASON D. ROTH MICHAEL J. SHIRLEY JESUS RAIMUNDI III ROBERT R. ROTH ADAM JOSEPH SHOCKLEY LEVI A. RAINS BILLIE K. ROTHWELL ANTHONY J. SHOCKLEY JACK J. RAITT II RAYMOND K. ROUNDS EVAN M. SHOLLY KELLY DEAN RAKES BRAD P. ROUNDTREE ETAI SHPAK JE HUI RALEY BRANDI ROUNTREE JEFFREY D. SHULMAN

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AARON W. SICK JOHN ROBERT STRIPLING TODD V. TYLER NICHOLAS J. SIESSER CHRISTOPHER C. STROLE SCOTT MATTHEW TYLEY NICHOLAS D. SIGLER THOMAS B. STROMBERG RYAN T. TYPOLT JUSTIN M. SIME DOUGLAS R. STROUSE CHRISTOPHER D. UHLAND CARLY M. SIMS TIMOTHY M. STROUSE KURT J. UMLAUF TRENTON W. SIMSHAUSER BRYAN J. STRUTHERS ROMAN TIMOTHY UNDERWOOD JOHN S. SISLER JESPER R. STUBBENDORFF DANIEL A. URBAN STEVEN B. SISSON JESSE D. STUBBS ANGELA L. URIBE OLSON COLTON WILLIAM SKORUPAN JOSHUA A. STULTS GABRIEL DAMIAN URIBE CHRISTOPHER J. SKOUTAS LUKE EDWARD STURGEON PETER J. USHER JOHN D. SLACK BRENT R. SUERDIECK ADAM S. VACCAREZZA BRIAN L. SLADE BRIAN SUH ORION Q. VAIL CHRISTOPHER J. SLATTERY JEFFREY EUGENE SUHR EDUARDO RENE VALLE MELANIE RAE SLATTERY AARON RAY SUIRE MATTHEW J. VALLERO IAN M. SLAZINIK JACOB P. SULLIVAN CRAIG J. VAN BEUSEKOM JONATHAN M. SLINKARD JOSHUA S. SULLIVAN JACOB PATRICK VAN CAMP MATTHEW N. SLUSHER MARGARET A. SULLIVAN NATHANIEL JOEL VAN DE VEER GAIL M. SMICKLAS MATTHEW W. SULLIVAN HOLLY E. VAN LIERE AMBER LYNN SMITH MICHAEL J. SULLIVAN DAVID R. VAN YPEREN ARCHIE SMITH, JR. RENEE M. SUMMERS STEVEN W. VANDEN BOS BENJAMIN HEROLD SMITH JONATHAN G. SUMNER JEREMY A. VANDERHAL DAVID J. SMITH JOSEPH T. SUNDY LAURENCE M. VANDEROORD JARED J. SMITH REBECCA SUTHERLAND BRETT J. VANDERPAS JOCELYN M. SMITH ANTHONY SUTTON MICAH B. VANDERVEEN JONATHAN PEYTON SMITH LUKE N. SWANSON DANIEL N. VANIMAN JONNI LANE SMITH PERRY C. SWEAT JOSEPH A. VANKUIKEN KATRINA E. SMITH CHRISTOPHER D. SWEENEY RAYMUNDO M. VANN, JR. LEAH G. SMITH KEVIN P. SWEENEY DONALD E. VANSLYKE MARK H. SMITH PETER M. SWEENEY PHILLIP J. VARILEK MELISSA R. SMITH ERIK F. SWENSON ROGER P. VARNADORE MISHAUN D. SMITH SETH M. SWIFT DAVID VEGA, JR. NICHOLAS R. SMITH EDWARD V. SZCZEPANIK THOMAS VEILLEUX PEYTON S. SMITH BRENT A. TADYCH RUBEN VELEZ STEVEN A. SMITH JAY M. TALBERT THOMAS O. VERHEY WILLIAM CHARLES SMITH EDWARD W. TALLEY RICK E. VERMILLION CHRIS EUGENE SMYDER MICHAEL A. TALLEY AUTUMN M. VERNON KEVIN R. SNOW ALAN C. TALLY, JR. KATHRYN M. VESETH STEVEN M. SOBRILSKY JARED B. TANNER TASHA E. VICK BARRY M. SODINI MICHAEL J. TARANTINO JOSEPH ANDREW VIDEC MORLEH SOKARGBO ROBERT GLENN TARANTINO JESSE O. VIG DAVID M. SORRELS JACOB T. TARRANT MICHAEL JOSEPH VIGGIANO JACOB S. SOTIRIADIS EVAN T. TATGE JULIO VILLAFUERTE SALVADOR ENRIQUE SOTOMAYOR THOMAS M. TAUER ERIC L. VOLK SHERRY L. SOURIOLLE RUDOLPH F. TAUTE PAUL D. VOORHEES ANDREW P. SPADY BRIAN J. TAYLOR DANIEL J. VORENKAMP CHERONDA V. SPANN CHARLIE JAMES TAYLOR LIM DINH VU BRYAN THOMAS SPARKMAN DANIEL GLYNN TAYLOR MICHAEL J. VYN KEVIN W. SPARKS JASON J. TAYLOR JOHN D. WADDELL MELANIE C. SPAULDING NATHAN WILLIAM TAYLOR NATASHA L. WAGGONER JAMES IRA SPEAKES ROBERT L. TAYLOR, JR. DAVID T. WALBECK GRANT E. SPEAR THOMAS M. TAYLOR TIMOTHY C. WALBERG DAVID J. SPELLMAN STEPHEN E. TEEPLE KEVIN JACK WALCHKO BRYAN P. SPENCE CHRISTOPHER L. TEKE RONNIE R. WALDEN MARK E. SPENCER BRADLEY DAVID TEMPIA ERIC J. WALDO DANIEL P. SPENGLER THOMAS B. TERRELL JESSE GEORGE WALES BRETT E. SPETH JOEL G. THESING DAVID ODIS WALKER SCOTT W. SPICER PAUL P. THIENPRAYOON MICHAEL M. WALKER MATTHEW T. SPIDELL AARON HOUSTON THOMAS NATHANIEL S. WALKER JAMES F. SPOO, JR. MICHAEL G. THOMAS NICKLAUS M. WALKER AARON JOSEPH SPRECHER SCOTT R. THOMAS WILLIAM M. WALKER II JUSTIN B. SPRING BRIAN C. THOMASSON MATTHEW P. WALLAART DAVID J. SPROEHNLE AMBER JUNE THOMPSON LISHA T. WALLACE SCOTTY LYNN SPROLES ANDREW PAUL THOMPSON LOWELL C. WALLACE III ROBERT H. SPROUSE, JR. ANTHONY J. THOMPSON RONALD S. WALLACE ANTHONY T. ST AUBYN CARMEN R. THOMPSON SCOTT T. WALLACE RANDY ST JEAN DAVID M. THOMPSON SUSAN NICHOLS WALLBERG KRISTA N. ST ROMAIN ERIC W. THOMPSON KRISTI WALTERS JAIMIE L. STAAB GRANT E. THOMPSON KURT CARL WAMPOLE, JR. LEE A. STAAB II JARED D. THOMPSON JASON P. WARD ADRIENNE L. STAHL JASON I. THOMPSON RICHARD J. WARD JOSEPH H. STALLINGS JOSHUA ABRAHAM THOMPSON RYAN R. WARD RYAN L. STALLSWORTH SCOTT CHRISTOPHER THOMPSON JASON W. WARE DAVID M. STAMPER ADAM F. THORNTON JUSTIN J. WARNAAR BRIAN J. STANISZEWSKI RYAN K. THORNTON CHRISTOPHER L. WARNER KAROL L. STANLEY GRANT D. THRELFALL CLINTON G. WARNER CHRISTOPHER R. STAPENHORST ANDREA GAIL TILESTON LINDSAY DIANE WARNER AARON M. STARK BRIAN A. TILESTON ABBE H. WARREN DALE A. STARK NICOLE K. TILLMAN JENNIFER M. WARREN MICHAEL ANTHONY STAYROOK BENJAMIN G. TIMSUREN JERAD T. WARREN MATTHEW J. STEELE PAUL W. TINKER TREVOR W. WARREN MATTHEW B. STEENMAN MATTHEW E. TIPTON ANGELA MARIE WATERS CORY ALAN STEGMEIER JOHN S. TIRRELL ELBERT M. WATERS IV PAMELA TAN STEIN DOUGLAS J. TODD JONATHAN R. WATERS BRIAN K. STEINKE ERIK K. TODOROFF KIMBERLY ANN KUHNS WATSON JAMES D. STEPHENS JOHN D. TOEPHER LEE ISAIAH WATSON TRAVIS H. STEPHENS JOSHUA IAN TOLK RYAN L. WATSON ADAM STERLING JARED A. TOMLIN KEVIN J. WEAVER CHAUNCEY A. STERN DANIEL F. TOMPKINS AARON M. WEBB JACOB T. STEVENS GARY J. TORONI MICHAEL B. WEBER TERRY W. STEVENSON DENITA JANETTE TORRES PHILIP E. WEBER ANDREW J. STEWART STEVEN C. TORRES CHRISTOPHER K. WEE CHAD R. STEWART CHAD C. TOSSELL SCOTT ALLEN WEED CHRISTOPHER T. STEWART CLINT MATHEW TOWNSEND MICHAEL PATRICK WEEKS GRAHAM R. STEWART JAMES D. TOWNSEND ROBERT B. WEHMEYER JAMES B. STEWART IV KEVIN JAMES TRACY JARRETT L. WEIBLEN ROBERT LEE STINSON TYLER M. TRACY ANDREW MARK WEIDNER CHRISTOPHER L. STOB ERIC M. TRAD HERON GRIMM WEIDNER ERIK STEVEN STOCKHAM JOSEF H. TRAINOR CHRISTOPHER SCOTT WEIR LUKE BALLMAN STOCKTON DAT Q. TRAN MICHAEL ROY WELCH DANIEL P. STOKER KEVIN K. TRAN PHILIP L. WELCH TIMOTHY L. STOKES PETER TRAN SHERRY M. WELCH ZACHARY A. STOLP CARLO ROBERT TRANISI BRIAN M. WELDE BRIAN BENEDICT STONE RUSTON C. TRAYNHAM DALE J. WELLER SAMUEL J. STONE JOSHUA J. TREBON ANDREW A. WELLS JASON JAMES STOREVIK MERIDEE J. TRIMBLE MICHAEL E. WELSER KEVIN G. STORM MATTHEW K. TROMANS DAVID T. WELT RYAN M. STORY JASON E. TROUTMAN JONATHAN F. WENTZEL SCOTT D. STOUT STEPHANIE A. TRUSTY DANIEL C. WERNER JEREMY L. STOVER DENNIS TRUTWIN JOSHUA TYE WERNER CRAIG A. STRAIGHT TRAVIS BRUCE TUBBS JUSTIN M. WEST WILLIAM SMILEY STRAIN ARRON J. TULICK TYLER THOMAS WESTERBERG DENNIS M. STRASSER MATTHEW W. TULL BRAD A. WETHINGTON MARK A. STRATTON KARLOS G. L. TUNGOL BRYAN L. WETZEL ALLYSON P. STRICKLAND RENATA R. TURNER TYSON KRISTOPHER WETZEL SOYNAE M. STRICKLAND RICHARD J. TURNER DARIN E. WETZLER MATTHEW STRICKLER MICHAEL J. TURPIANO ROBERT PRINCE WHISENANT KAEL RICHARD STRIEGEL ANTHONY P. TYDINGCO ALEX R. WHITE

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CHRISTOPHER J. WHITE SY W. YOST JACK D. HAGAN ETHAN A. WHITE JENNIE A. YOUNG THOMAS M. HEARTY JARED P. WHITE TIMOTHY E. YOUNG PATRICK W. JOYNER JASON THOMAS WHITE MICHAWN ANQUIN YUVIENCO JAIME H. KAPUR RYAN J. WHITE DENNIS A. ZABKA DAVID S. LAW THERESA M. WHITE RYAN W. ZACKRISSON JASON C. MAGGI WILLIAM F. WHITE SCOTT A. ZARBO RICHARD S. MONTGOMERY TERRY L. WHITED THOMAS J. ZAREMBA, JR. CHARLES J. OSIER STEVEN L. WHITSON SCOTT K. ZAVERL GUS THEODOS JEFFREY NEAL WHITTAKER CHRISTOPHER J. ZAWORSKI, JR. ROBYN M. TREADWELL RYAN M. WICK RICHARD W. ZEIGLER THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JOHN C. WICKER PATRICIA S. ZEITLER APPOINTMENT TO THE GRADE INDICATED IN THE STACEY D. WIGGINS TIMOTHY W. ZENS UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION JOSHUA D. WIITALA JONATHAN LAWRENCE ZENTNER 5721: DANIEL J. WILCOX SCOTT A. ZICARELLI NATHANIEL D. WILDS ANDREAS ZIEGLER To be lieutenant commander JONATHAN J. WILHELM CHRISTOPHER JAMES ZIELESCH BILLY J. WILLARD, JR. DALE EDWARD ZIMMERMAN DARIUS V. AHMADI AARON WESLEY WILLIAMS SARAH J. ZIMMERMAN TODD A. ARNOLD DAVIDS WILLIAMS DAWN M. ZINK EDWARD J. BARRY EDWARD WAYNE WILLIAMS MICHAEL D. ZOLLARS JESSICA F. BETZ JASON O. WILLIAMS BENITO M. ZUBIATE CHRISTOPHER A. BROWN JASON PAUL WILLIAMS ALEC D. ZWIASKA JEFFREY K. BROWN, JR. MICHAEL C. WILLIAMS AMY P. ZWIERS RUSSELL L. BRYANT MICHAEL D. WILLIAMS SCOTT N. ZWIERS KYLE F. CALTON MICHAEL L. WILLIAMS MARK C. ZWYGHUIZEN JOHN R. CRUMPACKER NATHAN ANDREW WILLIAMS DAVID A. DAIGLE RICHARD P. WILLIAMS IN THE ARMY EMIL D. DINNOCENZO ROBERT M. WILLIAMS II DOUGLAS W. DURHAM VICTORIA CAROLINE WILLIAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM T. DVORAK SHERWOOD M. WILLIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY JESS B. FELDON MARK A. WILLOUGHBY UNDER TITLE 10, U.S.C., SECTION 624: SCOTT A. HARVEY ROSS S. WILLSON To be lieutenant colonel DAVID C. HOLLON RYAN E. WILMES HENRY J. KENNEDY JUSTIN P. WILSON ISRAEL MERCADO, JR. JOSEPH M. LAHER MATTHEW PERRY WILSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JIMMY L. LAWTON ROBERT D. WILSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO CHRISTOPHER R. LONG TIMOTHY JOSEPH WILSON THE GRADE INDICATED IN THE RESERVE OF THE ARMY KRISTA R. MANN JESSE R. WINKELS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TRAVIS A. MONTPLAISIR JOHN D. WINKLE CHRISTOPHER M. NORRIS CHRISTOPHER S. WIREMAN To be colonel CHARLES W. PHILLIPS DAVID R. WISNIEWSKI JONATHAN P. PHILLIPS FRANCIS J. EVON, JR. STEVEN RAY WITTER THOMAS D. RICHARDSON RAPHAEL WARREN DERICK J. WOLF GRANT H. RIEDL MARK S. WELLMAN ALEX C. WOLFARD ANDREW P. RIVAS ANDREW R. WOOD IN THE NAVY CLAYTON V. ROBERTS BUTCH DAVID WOOD HOUSSAIN T. SAREINI CRISTOPHER R. WOOD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEITH E. SCOTT EMILY A. WOOD TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN C. SMITH JASON G. WOOD UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN M. SMITH SCOTT F. WOOD To be commander ANDREW H. SPARKS MATTHEW B. WOODFIELD SCOTT D. SULMAN DENNIS EDUARDO WOODLIEF ANDREW J. STRICKLER CHRISTOPHER T. TERZIAN CHAD A. WOODS MARTY D. TIMMONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DESHAWNN L. WOODS JOE M. TOWLES TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRANKIE L. WOODS, JR. OMAR J. VIEIRA UNDER TITLE 10, U.S.C., SECTION 624: BRIAN GREGORY WOOLLEY RYAN S. WILLETTE HEATHER M. WOOTEN To be commander SCOTT D. WOODS KRISTIN A. WOZNIAK DAVID A. WRIGHT ANDREW K. LEDFORD f VINCENT L. WRIGHT APPOINT THE FOLLOWING NAMED OFFICERS IN THE MATTHEW C. WROTEN GRADES INDICATED IN THE REGULAR NAVY UNDER JODY L. WYNANS TITLE 10, U.S.C., SECTION 531: CONFIRMATION MING XU BRIAN H. YATES To be commander Executive nomination confirmed by CHRISTOPHER L. YATES ROBERT J. YATES III JOHN L. GRIMWOOD the Senate April 23, 2012: MARY C. YELNICKER To be lieutenant commander THE JUDICIARY NATHAN ROSS YERKES NATHAN P. YERRICK MASON B. ANDREWS BRIAN C. WIMES, OF MISSOURI, TO BE UNITED STATES JAE H. YOON REBECCA J. CHASON DISTRICT JUDGE FOR THE EASTERN AND WESTERN DIS- JOHN M. YORK HELEN S. HAGAN TRICTS OF MISSOURI.

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IN MEMORY OF DEPUTY ROBERT HONORING ROBERT LEE SMITH sion’s mission was to secure major cities and LEE PARIS, JR. roads in order to provide safe passage of re- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. lief supplies to Somali citizens suffering the ef- OF GEORGIA fects of the Somali Civil War. When Task Force Ranger and the SAR team were pinned HON. DENNIS A. CARDOZA IN THE HOUSE OF REPRESENTATIVES down during a raid in what would later be- OF CALIFORNIA Monday, April 23, 2012 come known as the Battle of Mogadishu, Ser- IN THE HOUSE OF REPRESENTATIVES Mr. JOHNSON of Georgia. Mr. Speaker, I geant Stewart and elements of the 10th Moun- present the following U.S. Citizen of Distinc- tain Division provided infantry to the United Monday, April 23, 2012 tion. Nations force sent to rescue them. The ensu- Mr. CARDOZA. Mr. Speaker, it is with great Whereas, we are saddened by the death of ing firefight was the longest sustained by the sadness that I rise today to honor the late Mr. Robert Lee Smith because our lives have U.S. Army since the Vietnam War. In September 1994, Stephen and 8,600 Deputy Robert Paris who was killed in the line been touched by the life of this one man; and Whereas, Mr. Robert Lee Smith’s work is troopers of the 10th Mountain Division formed of duty on April 12, 2012. Deputy Paris paid present in our community and his church, Hill- the nucleus of the Multinational Force Haiti the ultimate price, sacrificing his life, while pro- crest Church of Christ; being a deacon, Bible and Joint Task Force 190 in Haiti during Oper- tecting and serving the citizens of Stanislaus School instructor, bus driver and singer; and ation Uphold Democracy. The division’s mis- County. Whereas, this highly effective motivator uti- sion was to create a secure and stable envi- Deputy Paris was born in Tracy, California lized his skills to aid in the growth and devel- ronment in which the government could rees- on January 23, 1959 to parents Robert Paris, opment of his church; and tablish and hold democratic elections. Sr. and Elizabeth Paris. He graduated from Whereas, he gave of himself, his time and During his service in the U.S. Army, Ser- Tracy Joint Union High School in 1977. He at- talent as he served his family, friends and geant Stewart served in various roles. He was community; and a troop leader in billets as a platoon sergeant, tended Delta Community College before enter- Whereas, Mr. Robert Lee Smith was a hus- a drill sergeant, and held several administra- ing paramedic school in 1979. He was cer- band, a son, a father, a friend and a man of tive positions. He retired as a Sergeant First tified as a Mobile Intensive Care Paramedic in great integrity who remained true to the uplift- Class. For his service, Sergeant Stewart re- 1980 and worked for Tracy Ambulance and ing of our community; and ceived the National Defense Service Medal, American Medical Response serving the Tracy Whereas, the U.S. Representative of the Good Conduct Medal, Armed Forces Medal, community. Deputy Paris graduated from Ray Fourth District of Georgia has set aside this Armed Forces Expeditionary Medal, Kuwait Simon Regional Criminal Justice Training Cen- day to bestow a special recognition on Mr. Liberation Medal, Korean Defense Medal, Hu- ter in 1993. Robert Lee Smith for his leadership, friendship manitarian Service Medal, Army Service Rib- Deputy Paris began his career with the and service to all as a citizen of great worth bon, United Nations Medal for Somalia, and and so noted distinction; the Army Sharpshooter Badge for the M–16 Stanislaus Sheriff’s Department in 1996 as a Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Rifle. Level 1 Reserve Officer. He was sworn in full SON, JR. do hereby attest to the 112th Con- After his retirement from the U.S. Army, time in 1999. He served in Patrol Operations, gress of the United States that Mr. Robert Lee Sergeant Stewart earned a bachelor’s degree Court Services, Contact Cities, the Special Ve- Smith of Decatur, DeKalb County, Georgia is and teaching credentials. He taught at Sierra hicle Off Road Unit/Water Enforcement Team deemed worthy and deserving of this ‘‘Con- Vista Elementary School and the former and the Civil Division. Deputy Paris served his gressional Recognition’’ by declaring Mr. Rob- Mountain Vista Continuation School in Madera community with pride and admiration. ert Lee Smith U.S. Citizen of Distinction in the Unified School District. His hobbies included Deputy Paris was an avid outdoorsman who 4th Congressional District. running and hiking, and he dreamt of someday enjoyed spending spring and summer days Proclaimed, this 15th day of April, 2012. climbing Pobeda Peak located near the border of China. He was an influential force in the camping and fishing in the Sierras with his f Chowchilla area to honor WWII veterans friends and family. In the fall, he would travel HONORING SERGEANT STEPHEN M. through the ‘‘Honor Flight’’ program. He was to the Rockies to go hunting with his father STEWART also commemorated for his service to the Cali- and friends in Colorado before heading to fornia Troops to Teachers program. Montana to serve as a hunting guide. He also HON. JEFF DENHAM Sergeant Stewart passed away in 2012. He enjoyed cycling and golfing in his spare time. OF CALIFORNIA is survived by his wife, Dr. Gwendolyn Stew- He became a successful taxidermist for his IN THE HOUSE OF REPRESENTATIVES art, daughters Stephanie Stewart, M.D., Shar- own enjoyment as well as for others. on Stewart, and grandson Ernest ‘‘Jewell’’ Monday, April 23, 2012 Deputy Paris is survived by his parents, Bob Hall. Sergeant Stewart is a Life Member of Mr. DENHAM. Mr. Speaker, I rise today to Chowchilla VFW Post 9896, American Legion and Jane Paris; daughter, Jami Paris and her honor Veterans of Foreign Wars Chowchilla Post 148, Association of the U.S. Army, mother, Janelle Corso; son, Bobby Paris; Post 9896 Life Member Sergeant Stephen M. Young Men’s Institute, and St. Columbia brother, Eric Paris and his wife Kari; sister, Stewart. Sergeant Stewart served the United Catholic Church of Chowchilla. Krista Torpey and her husband Richard; neph- States of America honorably with the U.S. Mr. Speaker, please join me in honoring ews Ryan and Colin Torpey and niece, Lauren Army 10th Mountain Division in Somalia. Sergeant Stephen M. Stewart for his honor- Torpey. Sergeant Stewart was born in Vancouver, able service to our great country. Mr. Speaker, the recognition that I am offer- British Columbia on May 28, 1954. He later re- f ing today before the House of Representatives located to the United States and enlisted in the U.S. Army. During his service, he served IN RECOGNITION OF EARTH DAY for Deputy Robert Paris is small compared to a 12-month tour in Korea and was part of the the contributions and impact he had on the advance forces in Operation Desert Storm, lives of so many. He was truly an invaluable HON. LAURA RICHARDSON which culminated in the repelling of the Iraqi OF CALIFORNIA member of our community and an outstanding forces and the liberation of Kuwait. IN THE HOUSE OF REPRESENTATIVES human being. My thoughts are with Deputy In 1992, while serving with the 10th Moun- Paris’ family, the community and the tain Division, the division was deployed to So- Monday, April 23, 2012 Stanislaus Sheriff’s Department as they grieve malia as part of Operation Restore Hope for Ms. RICHARDSON. Mr. Speaker, I rise the loss of this wonderful man. the famished populace of Somalia. The divi- today to commemorate Earth Day, which has

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

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.001 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E608 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2012 been celebrated on this day, April 22, for the tion down by 23 percent and water consump- Mr. Speaker, as we celebrate Earth Day this past 42 years. Since the first Earth Day in tion down 32 percent. The project has already year, let it serve as a timely reminder of the 1970, Americans have worked to make clean- saved taxpayers at least $3.3 million a year. immense opportunities the planet holds, both er the air we breathe and the water we drink. In the 111th Congress, the House passed, in terms of current economic growth and fu- Four decades later, I am proud to be working and I supported, the following major bills: ture prosperity. It is my hope that we may re- with like-minded colleagues in the Congress American Clean Energy and Security Act of capture the energy and enthusiasm behind and the Administration to continue this hon- 2009, historic legislation that launches a new Senator Nelson’s original celebration in order ored tradition of environmental leadership. clean energy economy—to create 1.7 million to restore environmental stewardship as a Earth Day was first organized in 1970 by American jobs (with the Recovery Act); helps core American value. one of the greatest environmentalists in the reduce our dangerous dependence on foreign f history of the Congress, Senator Gaylord Nel- oil by 5 million barrels per day; keeps energy IN MEMORY OF JANE MARGARET son of Wisconsin. Despite his tireless work to costs low for Americans; protects consumers JOHNSTON raise awareness of environmental conserva- from price increases with lower income fami- tion, for years the Congress and the adminis- lies seeing no cost and with no increase to the tration consistently failed to enact his environ- deficit. The legislation requires a reduction in HON. DENNIS A. CARDOZA mental legislation. Senator Nelson called upon the carbon pollution causing climate change OF CALIFORNIA student activists of the day who led a nation- from major U.S. sources of 17 percent by IN THE HOUSE OF REPRESENTATIVES wide ‘‘teach-in.’’ It is estimated that 20 million 2020 and 80 percent by 2050, compared to Monday, April 23, 2012 2005 levels. individuals participated, demonstrating to Con- Mr. CARDOZA. Mr. Speaker, it is with great gress the extent of the public’s interest in, and American Recovery and Reinvestment Act of 2009, which made historic investments of sadness that I rise today to honor the late concerns over threats to, the environment. Jane Johnston who passed away unexpect- The resulting change was dramatic and pro- $90 billion in tax cuts and investments in clean energy. These investments leveraged another edly on April 13, 2012. found. With bipartisan support and majorities, Jane and her identical twin sister, Jean, $100 billion in private investments in energy Congress took the following actions: Created were born on September 2, 1951 to parents efficiency, renewable generation, research, the Environmental Protection Agency (EPA) Dennis and Maryellen Tally. The ‘‘Tally twins’’ and other areas and helped speed the trans- (1970); Passed the Clean Air Act (1970); along with their brothers Larry and Chris, were formation to a clean energy future. The in- Passed the Clean Water Act (1972); Passed cluded tax incentives spurred energy savings raised in Tracy, California. the Endangered Species Act (1973). Jane and her husband Tom grew up on the and created clean energy jobs, as will lead to Added to this impressive list of accomplish- same street together in Tracy. They were mar- breakthroughs in clean energy research. The ments are the actions taken by the Demo- ried on September 10, 1972. Together for Recovery Act also included incentives to cratic-controlled 110th and 111th Congresses nearly 40 years, they raised two daughters, Jill produce new electric cars, develop advanced to preserve and protect the air we breathe, the and Laurie. Jane enjoyed being a stay-at- battery technology, and modernize the elec- water we drink, the food we eat, and the lands home mother when her daughters were tricity grid to make it more efficient and reli- we inhabit, and the green spaces where we young, and it was during this time that she fin- able. It is estimated that this legislation cre- recreate. Let me briefly mention some of the ated more than 2,700,000 jobs, nearly doubled ished her college education. Jane earned a highlights of this impressive record of environ- renewable electricity over four years, and degree in Communications from California mental stewardship. saved consumers up to $98 a year in energy State University, Stanislaus. In the 110th Congress, the House passed, The biggest joy in Jane’s life was her family, costs. and I supported the following major legislative Today, it is no less urgent that we take and she loved spending time with her hus- initiatives: great pains to keep environmental issues from band, children and four grandchildren. She Energy Independence and Security Act in receding into the background. Four out of five adored her young grandchildren—all born in 2007, which will increase vehicle fuel effi- Americans live in areas hit by recent weather the past three years—and eagerly shared pic- ciency standards for the first time in more than disasters, and emerging scientific data sug- tures and stories about them with her many 3 decades, to 35 miles per gallon in 2020, gests that such disasters will continue occur- friends. She loved family traditions, and al- projected to save $1,000 per vehicle each ring at higher and higher frequencies if we do ways made holidays special for her family. year. The act will also expand the use of not take steps to address our changing cli- Jane loved being busy, and in addition to American-grown biofuels and combat oil mar- mate. spending time with her family and working, ket manipulation. My home state of California has made great she enjoyed golfing at Spring Creek Country Food, Conservation, and Energy Act of strides in developing a ‘‘green economy’’ and Club, traveling, reading and writing. 2008, also known as the Farm Bill, which investing in renewable sources of energy. In For nearly 20 years, Jane worked at the made an historic commitment to American 2011, California added more wind power than Stanislaus County Office of Education, most biofuels—which are keeping gas prices 15 any other state. The state’s wind industry now recently as Assistant Superintendent of Ad- percent lower than they otherwise would be employs 4,000–5,000 people and is respon- ministrative Services. Jane was an astute due to fuel blending—and increased Com- sible for 3 percent of the California’s elec- judge of character and was quick to recognize modity Futures Trading Commission oversight tricity. Additionally, the solar energy industry in potential in others. She was a member of the authority to detect and prevent manipulation of California alone is comprised of over 3,500 Association of California School Administra- energy prices. solar companies, which employ more than tors, the Modesto Rotary, the California and Energy Improvement and Extension Act of 25,000 people. These industries should be National School Public Relations Organiza- 2008, which extended and expanded tax in- recognized for their contributions to job cre- tions, served on the Mocse Supervisory Com- centives for renewable electricity, energy and ation as well as their growing success in se- mittee and co-chaired the Stanislaus Teacher fuel from America’s heartland, as well as for curing our energy independence. of the Year Program. plug-in hybrid cars, and energy efficient Partisan politics threatens to turn back this Jane was an active member at Modesto homes, buildings, and appliances. This legisla- progress, particularly through the recently pro- Covenant Church in Modesto. She reached tion is critical to creating and preserving more posed Republican budget plans. These plans out to help homeless families through pro- than 500,000 good-paying clean energy Amer- protect billions of dollars in tax breaks for big grams including Family Promise and the Sal- ican jobs in the wind and solar industries oil companies while slashing investments in vation Army. Jane was a mentor to many col- alone. clean solar and wind energy. We cannot afford leagues and young children, who she enjoyed Green the Capitol—Under the leadership of to lavish subsidies on oil companies earning tutoring through the Stanislaus Mentoring Pro- newly-elected Speaker NANCY PELOSI in 2007, record profits, furthering our dependence on gram. She was also instrumental in promoting the House started this program to make its op- increasingly expensive, dirty and dangerous and implementing the Stanislaus County erations a model of sustainability. The House fossil fuel sources. ‘‘Choose Civility’’ initiative. set aggressive targets, including reducing en- Since Senator Nelson sparked a widespread Jane is survived by her husband Tom; chil- ergy use by 50 percent over 10 years. Since interest in our environment four decades ago, dren Jill and her husband Peter Krimmel and the program’s inception, the House has re- environmental legislation has enjoyed support Laurie and her husband Jonathan Hansen; duced its carbon footprint by 73 percent, it from both sides of the aisle. I am committed grandchildren Cole Krimmel, Logan Hansen, purchases wind energy to meet all electricity to working with my colleagues in Congress Stella Jane Krimmel and Lucas Hansen; sister needs and burns only natural gas at the Cap- and the Obama Administration to continue the Jean Benner; brothers Larry Tally and Chris itol Power Plant, with total energy consump- bipartisan tradition of environmental protection. Tally; and many nieces and nephews.

VerDate Mar 15 2010 05:05 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.003 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E609 Mr. Speaker, the recognition that I am offer- nity-centered effort, the County Board adopted RECOGNIZING THE RETIREMENT ing today before the House of Representatives a new vision plan that will transform the col- OF DR. AND MRS. ARLIN HORTON for Jane Margaret Johnston is small compared lection of disparate office parks into a to the contributions and impact she had on the walkable, transit-oriented, mixed-use commu- HON. JEFF MILLER lives of so many. She was truly an invaluable nity. That effort won national recognition from OF FLORIDA member of our community and an outstanding the American Planning Association. IN THE HOUSE OF REPRESENTATIVES human being. Perhaps Tony’s most lasting achievement Monday, April 23, 2012 f will be his effort to establish a model of re- Mr. MILLER of Florida. Mr. Speaker, I rise RECOGNIZING ANTHONY H. gional cooperation for emergency manage- today to recognize Dr. Arlin Horton and his ‘‘TONY’’ GRIFFIN ON THE OCCA- ment. As Chair of the Chief Administrative Of- wonderful wife Beka, who have selflessly SION OF HIS RETIREMENT AS ficers Committee of the Metropolitan Wash- served the Pensacola, Florida community for FAIRFAX COUNTY EXECUTIVE ington Council of Governments, Tony coordi- more than 60 years. Dr. Horton, the current nated local government decisions and re- President of Pensacola Christian College, and HON. GERALD E. CONNOLLY sponses to a myriad of incidents. His leader- Mrs. Horton, who spearheaded and guided the OF VIRGINIA ship was invaluable during the events of 9/11, Christian school’s curriculum, are the co- IN THE HOUSE OF REPRESENTATIVES in which his calm leadership helped assure founders of Pensacola Christian. The North- west Florida community owes a great deal of Monday, April 23, 2012 the delivery of essential government services throughout that tragedy. Under his leadership, gratitude to this dynamic duo for their leader- Mr. CONNOLLY of Virginia. Mr. Speaker, I the CAO Committee established a new frame- ship and vision. rise to recognize and commend Anthony H. Dr. and Mrs. Horton’s lives have been dedi- work to foster better collaboration and co- ‘‘Tony’’ Griffin on the occasion of his retire- cated to bestowing upon students a ‘‘truly operation among the 17 local governments, ment after a decorated career in public serv- Christian foundation, character training, and ice, which culminated with his 12-year tenure two states and the District of Columbia that excellence in academics.’’ Pensacola Christian as the County Executive in Fairfax County, comprise the National Capital Region. Those provides a first-class education to all levels Va., the largest local jurisdiction here in the efforts proved particularly vital during the 2001 from elementary school through college. Pen- National Capital Region. anthrax incidents, the 2002 regional sniper at- sacola Christian Academy has grown from 35 Tony began his public service with the U.S. tacks, the 2009 presidential inauguration, and enrolled students to over 2,000 annually, and Marine Corps, where he served as an officer 2010’s historic snowstorms. Pensacola Christian College has graduated during the Vietnam War. He brought the col- Tony’s leadership has been recognized na- over 16,600 students. Additionally, Pensacola laborative, can-do spirit from his military expe- tionally by his peers. The American Society of Christian has mentored over 37,000 children rience to local government, where he served Public Administration honored him with its through the Camp o’ Pines and since 1953, in managerial positions with Arlington County Stone Practitioner Award for his commitment has hosted educational clinics for over 93,000 and the City of Falls Church before joining to improve intergovernmental cooperation. He Christian school principals and teachers. Fairfax County in 1989. I had the great pleas- also was appointed by Homeland Security While located in Pensacola, the institution’s ure of working with Tony throughout my 14 impact is felt by those all around the world Secretary Janet Napolitano to the local, state, years on the Fairfax County Board of Super- today, through their textbooks and modern-day tribal and federal Preparedness Task Force, visors, particularly during my 5 years as Chair- technology. Dr. and Mrs. Horton’s textbooks A man. which is assessing the state of preparedness Beka Book, named to commemorate Beka for His accomplishments are many, but let me and recommending actions to build resiliency her role in creating the school’s curriculum, cite just a few to convey the magnitude of the for communities across America. will reach the hands of approximately 730,000 profound benefit he has brought to our com- Beyond those accomplishments, I want to students just in this year alone. An additional munity and our region. One of the earlier ini- recognize Tony’s efforts to inspire the county’s 40,000 students will be reached through the tiatives on which we worked closely was a workforce and to recruit and train the next virtual A Beka Academy, and today, 10,288 strategic plan to prevent and end homeless- generation of public servants. During his ten- Christian schools and daycares and more than ness. Thanks to Tony’s support and the efforts ure in Fairfax, he initiated partnerships with 105,000 homeschoolers study from the books of staff, we held a community summit and cre- the Weldon Cooper Center for Public Service published under the Pensacola Christian ated a partnership consisting of the faith, non- at the University of Virginia, the George name. profit, business and civic communities. The Mason University Fellows Program, the Metro- Outside of academia, Pensacola Christian Board created a standalone position to coordi- politan Washington Council of Governments runs a radio and television network that helps nate prevention efforts and adopted a 10-year bring others to God’s glory. In 1971, WPCS Regional Program of Excellence with George Plan to Prevent and End Homelessness. Christian radio began, and in 1996, the name Washington University, and the Council’s Today, Fairfax is one of the few jurisdictions in changed to Rejoice Broadcasting Network. the nation that has seen its homeless popu- Project Manager Certification Program and The station includes 39 satellite stations and lation decline in the midst of the worst eco- Supervisory Development Training. So while through the Internet their message reaches a nomic recession since the Great Depression. we will surely miss having him here day-to-day worldwide audience. Likewise, their television Tony also has been instrumental in trans- in Fairfax County, his presence will continue to program, Rejoice in the Lord, is shown on 11 forming our one-time bedroom community into be felt here and in communities throughout stations and viewed across the nation and the economic engine of the Commonwealth of our region and our nation. around the world. Virginia and the National Capital Region. Fair- Mr. Speaker, Tony Griffin’s commitment to Teaching the Christian way of life through fax is now home to more than 1 million people our community, the county workforce, our resi- love and faith in the Lord became its inspira- and nearly 600,000 jobs. Under Tony’s leader- dents, and the mission of local government tion, and Dr. and Mrs. Horton brought this ship, Fairfax County was named the ‘‘best are unparalleled, and he leaves behind a leg- ministry to life. Through their selflessness and managed jurisdiction in America’’ by Gov- acy that will enrich our community for genera- unwavering dedication, they built a strong erning Magazine, and the county has consist- tions to come. His career in public service, be- foundation that has grown into a worldwide ently retained its AAA bond rating. Throughout educational institution. Despite its vast suc- ginning with his service in the Marine Corps, his tenure in Fairfax, Tony has steadily worked cess, Dr. and Mrs. Horton have always re- is truly commendable and deserving of our to advance the Dulles Corridor Metrorail mained humble and attributed their successes heartfelt gratitude. When I was Chairman of Project, which will finally link the Washington, to the Lord. DC, Metro system with the region’s premier the County Board, I often used to joke with Mr. Speaker, I am privileged to recognize international gateway, Dulles International Air- Tony at retirement announcements that we the life-long career of Pensacola’s Arlin and port. It is one of the largest public works should not allow retirement for such talented Beka Horton. Their dedication to bettering the projects in the nation, and Tony has collabo- and dedicated staff. I certainly wish that was lives of others and bringing faith to the com- rated with local, state and federal stakeholders the case here. I wish Tony, his wife and family munities of Northwest Florida is commend- to ensure its success. As an extension of that the best of luck in his retirement, and I ask my able. Through their vision, a small school has effort, Tony also oversaw the replanning of colleagues in the House to join me in express- been transformed into a beacon for Christian Tysons Corner, the region’s premier retail and ing our appreciation for his commitment and education. My wife Vicki joins me in wishing commercial center. After a multi-year, commu- service to this community and our nation. them all of the best in their retirement.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.002 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E610 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2012 IN RECOGNITION OF MICHAEL W. Mr. Speaker, I ask this body to rise with me Eddie G. Wall; James E. Waugaman; Robert HUNKAPILLAR to honor Mike Hunkapillar, for his historic con- Conway Wilhite; Ross Williams; William E. tributions to science and humanity. Wingo; Henry C. Winstead; Talmadge R. HON. JACKIE SPEIER f Woodall; Charles Richard Zartman. OF CALIFORNIA HONORING MUSIC CITY HONOR f IN THE HOUSE OF REPRESENTATIVES FLIGHT WORLD WAR II VETERANS Monday, April 23, 2012 HONORING SERGEANT LAFAYETTE Ms. SPEIER. Mr. Speaker, I rise to honor HON. JIM COOPER SPRADLEY Michael W. Hunkapillar who today is receiving OF TENNESSEE BayBio’s prestigious Lifetime Achievement IN THE HOUSE OF REPRESENTATIVES HON. JEFF DENHAM DiNA Award in San Francisco. Monday, April 23, 2012 Mike is one of the brilliant minds in bio- OF CALIFORNIA technology. He has been instrumental in ex- Mr. COOPER. Mr. Speaker, I rise to honor IN THE HOUSE OF REPRESENTATIVES the World War II veterans who are flying to panding the frontiers of genomics and Monday, April 23, 2012 proteomics. His extraordinary accomplish- Washington, DC today from Nashville, TN, ments include the invention of the first DNA with Music City Honor Flight. This Honor Flight Mr. DENHAM. Mr. Speaker, I rise today to sequencer and the realization of the Human is part of a nationwide effort to bring as many honor Veterans of Foreign Wars Chowchilla Genome Mapping Project. World War II veterans as possible to the me- Post 9896 Life Member Sergeant Lafayette I had the great honor and pleasure to work morial created here in honor of their service Spradley. Sergeant Spradley served the with him while I was in the California Senate. and in memorial of their fallen peers. United States of America honorably with the I introduced legislation that established a Through their selflessness, the brave men U.S. Army 4th Infantry Division in the Vietnam missing person DNA database. Mike hap- and women who served in World War II pro- War. pened to hear me talk about it on the radio, tected our country and changed the course of Sergeant Spradley was born in Madera, called me and donated DNA testing equipment history. We can never adequately thank them California on November 24, 1943. Sergeant to make the program a reality. This important for their great sacrifice. Whether Soldiers, Air- Spradley attended local Madera schools and program helps solve thousands of rapes, men, Sailors, Marines, or Coast Guardsman, enlisted in the U.S. Army in August of 1961. homicides and missing person cases. they heroically stood up for their Nation during He completed basic training at Fort Ord, and Mike has had a hugely successful and ex- a turbulent time of great need. It is my great was selected for communications training. pansive career as a scientist, entrepreneur privilege to welcome them the Nation’s Capital Upon completion of communications training, and life science industry executive. He is cur- and to honor them here today. he was assigned to work as a wireman. After rently a general partner at AlloyVentures, a I am proud to present the names of these additional stateside duty, he served with the venture capital firm that invests in the next distinguished veterans so that they can be 3rd Infantry Division before joining the 76th Ar- generation of information technology, life recognized for their brave service and so my tillery of the 3rd Infantry Division in Kitzingen, sciences and clean tech. colleagues and I can express our gratitude. Germany. Before joining Alloy, he spent 21 years at Orville Jerome Aasen; Lyttleton C. Ander- In 1965, he returned to the U.S. for duty Applied Biosystems which he co-founded. He son, Jr.; Clarence Arand; James L. Bass, with the 4th Infantry Division at Fort Lewis, turned it from a start-up into a $2 billion a year James B. Batey, Jr.; Douglas Beard; Dempsie Washington. In July 1966, Mr. Spradley de- company that supplies instruments and rea- G. Binkley; Winston Bowling; Eugene W. ployed to Pleiku, Vietnam. His unit was re- gent systems to life science research. Mike Brock; Charles J. Brown; Edward L. Buquo; sponsible for laying communication wire to also founded ABI’s sister company Celera Roger L. Burgess; Hugh Lafayette Callens; fixed installations and forwarding operating Genomics, now owned by Quest Diagnostics. Russell M. Campbell; Frank A. Cantwell; bases in the Central Highlands region. He Prior to ABI, Mike was a senior research fel- James W. Carroll; Francis A. Centimole; Rob- later served with Company ‘‘C’’ of the 1st Bat- low in the Division of Biology at the California ert E. Chadwell; James Robert Clower; Alfred talion of the 12th Regiment as a Communica- Institute of Technology. While at Caltech he Damon Corley; tions Sergeant. James D. Craig; Fred M. Creasy; Rayford authored over 100 scientific publications, Throughout his service in Vietnam, Sergeant H. Danley; James L. Davis; Gerald Alvin served on the editorial boards of several sci- Spradley served with the 4th Division in com- Davis; Lloyd F. Driver; James W. Duke; Ed- entific journals and received patents for more bat operations in the western Central High- ward Eugene Durham; Lloyd C. Fisher; David than two dozen inventions. lands along the border between Cambodia Among his most influential inventions was Ray Fussell; Murray O. Fussell; Charles H. and Vietnam. His unit was frequently assigned the automated Gene and Protein Sequencer Gannon; Gerald Allen Gilman; Harry R. to missions to repair communications equip- that was used to sequence the human ge- Guttridge; Herald D. Hackett; Thomas Hall, Jr.; ment damaged by enemy artillery and mortar nome in 2003. The project identified all Jones B. Hamlett; Wesley W. Harmon; Jack- fire. 20,000–25,000 genes in the human DNA, de- son Harris; Samuel A. Harris; termined the sequences of 3 billion chemical William J. Harvey; Eldon H. Hatcher, Jr.; In May 1967, Sergeant Spradley completed base pairs that make up human DNA, stored Harley Walter Heilman; Irvan Hardeman Hen- his tour in Vietnam and returned to the United the information in a database, improved tools don; Wayne Hill; Vernard E. Hixson; Leonard States. He was discharged at the Oakland for data analysis and—for the first time in a Hollender; Edward L. Holton; Lawrence H. Army Base. For his service, Sergeant large scientific project—addressed ethical, Horn; Edward W. Hudson; Robert W. Hull; Na- Spradley received the National Defense Serv- legal and social issues. thaniel B. Johnson, Jr.; Robert C. Jones; Clin- ice Medal, the Good Conduct Medal, the Viet- The National Academy of Engineering re- ton D. Keel; John W. King; James Fowler Lan- nam Service Medal with a Bronze Star, the cently elected Mike for his life-long dedication caster; Earl Eugene Lerch; George Lukon; Vietnam Campaign Medal with Device, two to the human genome mapping project and Nelson Lyne; Dock H. Lyons; awards of the Army Occupation Medal, and the field of comparative genetics. Joseph O. Maddux; Harry Eugene Mar- the Sharpshooter Badge for the M–14 Rifle. Mike was born in Paris, Texas in 1948. He grave; Carl M. Martin; Henry C. McCall, Jr.; Sergeant Spradley returned to the received his B.S. in Chemistry from Oklahoma Carl E. Meeks; Ledlie J. Miller, Jr.; Charles A. Chowchilla area where he attended Merced Baptist University in 1970 and his Ph.D. in Mitchell; Dr. John Myers; Robert M. Nabors, College. He was employed as a line operator Chemical Biology at Caltech in 1974. Jr.; James J. Panipinto; Andrew S. Parker; by Certainteed Corporation for 27 years until Just last week he was appointed Executive Baxter Lewis Perry; David M. Pettus; Carlos F. his retirement. He and his wife, Marion, have Chairman of the board of directors of Pacific Plott; W.H. Reeves; Samuel Ralph Rehorn; three children, two grandchildren, and one Biosciences, and he also serves on the Eugene R. Rhue; Clarence Richards; Robert great-grandchild. He is a Life Member of boards of NuGEN, Verinata Health and McCulloch Rock; Elmer Julius Sager; Chowchilla VFW Post 9896, and he enjoys RainDance Technologies. David Y. Sharpe; Milton Shearer; Robert traveling with his wife. Mike and his wife Beth have two children, Love Simpson; William Paul Sitton; Fred L. Mr. Speaker, please join me in honoring Kathryn Keho and Nathan Hunkapillar, and Stacey; John E. Stephens; Robert Merrill Sergeant Lafayette Spradley for his honorable two grandchildren, Christopher and Patrick Stoops; Harry Richard Sturm; Glenn Swanson; service to our great country, and wishing him Keho. In his spare time, Mike is an avid soc- James F. Tacker, Jr.; Denison Taylor; W. the best of luck and health in his future en- cer player. Glenn Tinsley; Jess Titus; Glenn Tompkins; deavors.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.005 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E611 HONORING JAMES E. ‘‘JIM’’ YOUNG such as CCAG, CMEQ, Peninsula Traffic Con- puter companies, power companies, medical gestion Relief Alliance, Airport Round Table researchers, and healthcare providers. David’s HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. and the Airport Land Use Committee. She advances made it possible for computers to OF GEORGIA served on the Transportation, Public Works move beyond laborious bit-by-bit checking and IN THE HOUSE OF REPRESENTATIVES Policy Committee for two years and was the referencing to a fixed checklist and to begin to Monday, April 23, 2012 president of the Peninsula division of the recognize patterns, whether applied to images League of California Cities. or speech or music. Mr. JOHNSON of Georgia. Mr. Speaker, I Linda was born and raised in San Fran- Taught by the renowned Marvin Minsky at present the following U.S. Citizen of Distinc- cisco. She graduated from Presentation High Massachusetts Institute of Technology, where tion. School in 1967, and she attended City College Whereas, our lives have been touched by David received his Bachelor’s and Ph.D. de- of San Francisco as a physical education grees, he went on to teach at the University of the life of this one man . . . who has given of major from 1967–69. She earned her BS in himself in order for others to stand; and Illinois and Brandeis University. As head of the Parks and Recreation Management from Cali- software division of the iconic company Think- Whereas, James E. ‘‘Jim’’ Young’s work as fornia State University, Hayward, in 1971. President and C.E.O. of Citizen’s Trust Bank ing Machines he produced software innova- From 1972–77, Linda worked as a rec- tions that have long outlasted that computer is present not only in DeKalb County, Georgia, reational supervisor for the city of Burlingame but across this great Nation; and company. A decade ago David founded the and was a member of the California Parks and Columbia University Center for Computational Whereas, this giant of a man was a hus- Recreation Society. Among her responsibilities band, father, businessman and financial edu- Learning Systems, where he worked until his was the supervision of the recreational cen- death. cator; and ters. One of the teachers who taught an up- Whereas, this remarkable man gave of him- holstery class happened to be my mother, Surely more important than all the computer self, his time and his talent; never asking for Nancy Speier, who later became a staunch ideas, big and small, that he spawned are the fame or fortune, yet inspiring anybody to be supporter when Linda first ran for city council many creative people he inspired, taught, and involved in community activities, encouraging in 2003. I had the great pleasure of working mentored. People who worked with him said the everyday entrepreneur to build businesses with Linda when she was on the council and everyone can remember a meeting, a con- which strengthen our communities and our I was in the California State Senate. versation, or a simple thoughtful word when Nation; Linda is passionate about education and David changed one’s research direction, ca- Whereas, James Young inspired citizens to sports. She founded the original Kids Connec- reer, or entire course of life for the better. In be financially responsible, government officials tion private preschool and elementary school recent weeks his colleagues and students re- to be just and small business persons to think in Foster City. She was the president of pony/ corded their admiration for David and their and grow ‘‘Big’’; and sorrow at his death. Phrases like ‘‘amazing Whereas, the U.S. Representative of the colt baseball for two years, created and coordinated a girls softball league, coached mentor’’, ‘‘mentor with unreserved support and Fourth District of Georgia has set aside this encouragement’’, ‘‘amazing colleague and day to bestow special recognition on James E. AYSO soccer teams and her children’s softball team. Personally, she loves to play golf. boss’’, and ‘‘wise and understanding’’ appear ‘‘Jim’’ Young for his leadership, friendship and over and over in their remembrances. service to all of the citizens of Georgia and Linda and her husband Fred Koelling have been married for 40 years. They are the proud David’s colleagues called him a listener who throughout the Nation; and inspired attention, someone who was as eager Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- parents of Karen Koelling Gleason, Tommy a listener as a talker, and someone who car- SON, JR. do hereby attest to the 112th Con- Koelling and Bryan Koelling and have four ried his great stature in the field gently and gress that James E. ‘‘Jim’’ Young of Stone grandchildren. with genuine humility. He imbued his research Mountain, Georgia is deemed worthy and de- Though Linda is retiring from the city coun- teams with optimism by always drawing out serving of this ‘‘Congressional Recognition’’— cil, I have no doubt that she will continue to merit of the work of others. And he built team- James E. ‘‘Jim’’ Young, U.S. Citizen of Distinc- serve our community and pursue an active work by sharing his interests in art, literature, tion in the 4th Congressional District of Geor- role in public life. music, and culture well beyond the immediate gia. Mr. Speaker, I ask this body to rise with me Proclaimed, this 3rd day of March, 2012. to honor the work of Linda Koelling, my friend, concerns of the research team. He encour- extraordinary human being and an outstanding aged his students and colleagues not to nar- f public servant. row their thinking; as a result the group could IN RECOGNITION OF LINDA f contribute as much to the treatment of epi- KOELLING lepsy as to power grid blackouts. Everything REMEMBERING DAVID WALTZ was food for thought and an opportunity for an HON. JACKIE SPEIER amusing or inventive insight. OF CALIFORNIA HON. RUSH D. HOLT Probably the greatest praise for David’s IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY leadership came from women who have Monday, April 23, 2012 IN THE HOUSE OF REPRESENTATIVES worked with him. Some credited him with pro- Monday, April 23, 2012 viding the greatest opportunities for career ad- Ms. SPEIER. Mr. Speaker, I rise to honor vancement for women of anyone in the field. Mr. HOLT. Mr. Speaker, I ask the House to Foster City Councilmember Linda Koelling David recruited and promoted women not as a consider the life of David L. Waltz, who died who is retiring after eight years of service on crusader for equal rights but because it was of brain cancer last month in Princeton, NJ, at the council, including two terms as mayor. for him obviously the right and wise thing to age 68. David Waltz was one of the world’s Linda’s upbeat personality and limitless energy do. will be deeply missed by her colleagues. leading experts and creative forces in com- Linda’s accomplishments on the council puter science, and a fine example of a re- The lessons that teachers, researchers, su- were many and long-lasting. She created an searcher, a teacher and mentor, and a life well pervisors—in fact any of us here in this House Ad Hoc Transportation Committee to complete lived. He was what we talk about when we or elsewhere—can draw from David Waltz are a transportation study plan for Foster City. talk about America’s creative spirit and edu- not primarily about computer science and arti- She helped determine the fate of a property cational excellence and path-breaking indus- ficial intelligence. They are that the greatest that will become the town center. She was a try. creativity comes from inspiring others; the major advocate in the completion of the teen A pioneer in artificial intelligence, David pro- greatest technique of team-building is listen- center at Leo Ryan Park. She was instru- duced early research that led to Internet ing; the greatest innovation comes from devot- mental in building the partnership with the search engines that we all use. He also in- ing time to others’ ideas; and the greatest wis- Chamber of Commerce. When she was chair vented techniques that allow designers to look dom is kindness. of a League of the California Cities campaign at two dimensional data from three dimen- I know all this to be true about David Waltz committee to pass a local proposition, she re- sional perspectives, and he showed how to because he was a good friend of mine, and I wrote the words to the song ‘‘Waterloo’’ that, extend those constraint-propagation tech- personally also know he brought all of his with the help of council members from other niques beyond visualization to optimization of wonderful qualities of uplifting and inspiring communities, became a YouTube sensation. scheduling, routing, or building. His ideas and and nurturing others to his wonderful wife On the council Linda represented Foster computer techniques of neural networks and Bonnie and his two children, Jeremy and City on several San Mateo County boards machine learning are eagerly applied by com- Vanessa.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.006 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E612 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2012 HONORING ROBBIE DAVIS GUNN ment in June 1980. In November 2000 she I am always happy to support policy initia- was promoted to sergeant, another first for a tives to stimulate economic growth and job HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. woman at the department. She was instru- creation and believe a private-public partner- OF GEORGIA mental in developing county wide programs ship during this time of economic recovery is IN THE HOUSE OF REPRESENTATIVES and protocols for the investigation of sexual essential. assaults, exploitation of children on the inter- Unfortunately, H.R. 9, the so-called Small Monday, April 23, 2012 net and curbing school truancy. Business Tax Cut Act, is a broad measure af- Mr. JOHNSON of Georgia. Mr. Speaker, I During her three decades in law enforce- fecting 99.6 percent of all businesses that is present the following U.S. Citizen of Distinc- ment, Sergeant Lee has demonstrated her not targeted at job creation. tion. professionalism, outstanding skills in negotia- The benefits it provides will be meted out Whereas, our lives have been touched by tions and handling of dangerous situations unevenly and in an arbitrary manner, accruing the life of this one woman who has given of while keeping her humanity and an open in large measure to the wealthiest taxpayers. herself to her family, church, community, and mind. While these facts alone argue for its rejec- Nation; and She solved her very first murder case in tion, this temporary and expensive provision is Whereas, Mrs. Robbie Davis Gunn’s good 1988 within 48 hours, a benchmark in law en- also the very antithesis of tax reform. It works are present in Nashville, Tennessee as forcement. A man who lived with his divorced couldn’t be further from the truth. an exemplary mother, mother-in-law, grand- wife had taken in a transient man and his Yet again the Republican tax plan in the mother, aunt, neighbor, community worker and young girlfriend. Tragically, the transient shot form of H.R. 9 would along with the Ryan Re- friend; and the man. After the murder, Sergeant Lee be- publican Budget Plan, serve to dismantle Whereas, this giant of a woman, who was friended the girlfriend of the transient and feels Medicare and instead hand older and disabled raised up in the Providence Community, was that she made a difference in the young wom- people a voucher toward the cost of private in- born on August 20, 1928, to Rev. Robert an’s life. surance. It’s not a new or creative idea, and Mitchell Davis and Mrs. Ada Edmondson Sergeant Lee has worked on the Hostage it will actually add more costs to families and Davis; and Negotiation Team since 2000. In a high-profile to our Nation’s bottom line. You cannot have Whereas, Robbie Davis Gunn was a vir- hostage-suicide incident at the Travelodge in a tax giveaway to a select few businesses tuous woman, a woman of great integrity who 2003, she was one of two primary negotiators while Medicare continues to suffer, ultimately remained true to the uplifting of her community and deserves credit for saving the life of the hurting our most vulnerable. and family which in turn uplifted others; and suspect’s girlfriend. The suspect had barri- While claiming to ‘‘preserve’’ Medicare, the Whereas, she was an exemplary mother caded himself and his girlfriend in a room at plan would actually imperil the community pro- and mother-in-law, serving as compass and the motel after allegedly killing a prominent gram and shift much of the costs to the very wise counselor and bringing great joy to her kick boxer. After about 14 hours of negotia- people it is supposed to help. As private plans own children and their spouses and friends; tions over the phone, Sergeant Lee convinced aggressively court the healthiest and least and the girlfriend to leave the motel room. costly beneficiaries, the traditional Medicare Whereas, Mrs. Robbie Davis Gunn loved Mr. Speaker, I have been at events with program would be left with an ever dwindling her family, encouraging all of those around her Sergeant Lee and have witnessed the air of pool of beneficiaries—those who are too sick to make a difference, be it her children, her safety and calm she radiates. and poor to purchase private insurance with elected officials, her neighbors and her church Sergeant Lee also worked as a Peer Sup- the help of Mr. RYAN’s coupon. members at Lake Providence Missionary Bap- port Advisor and Police Explorer Advisor. She In time, Medicare will ‘‘wither on the vine,’’ tist Church where she was a faithful member was honored as the South San Francisco Po- as those who oppose the program have long for 72 years; and lice Association Officer of the Year in 1996 intended. Like last year’s proposal from Mr. Whereas, this remarkable woman gave of and 2003 and was awarded the Avoid the 23 RYAN and last week’s proposal from Senate herself, never asking for fame or fortune as Pin in 2002 and 2003. Republicans, this plan does nothing to really she became a quiet storm, a spark that starts Enthusiasm, optimism and generosity are in preserve Medicare or to solve our Nation’s a flame; and Sergeant Lee’s DNA. Outside her work with skyrocketing healthcare costs. Whereas, the U.S. Representative of the the police department, she volunteers her time It only slams those costs onto individuals Fourth District of Georgia has set aside this and expertise to Special Olympics and the who can least afford them: older and disabled day to bestow a Congressional Recognition on Boy Scouts of America. She has also coached Americans, while jeopardizing their health cov- Mrs. Robbie Davis Gunn for her leadership, varsity softball at Menlo Atherton High School. erage, adding profits to corporations, and let- friendship and service to all of the citizens of She was born in San Francisco in 1956 and ting millionaires off the hook. Nashville and the Nation; attended South San Francisco High School. Similarly, the Supplemental Nutrition Assist- Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- She earned her Associate in Arts, Administra- ance program is our most important anti-hun- SON, Jr., do hereby attest to the 112th Con- tion of Justice from the College of San Mateo ger program, with over 46 million Americans in gress that Mrs. Robbie Davis Gunn of Nash- and her Bachelor of Science in Criminal Jus- more than 21 million households relying on it ville, Tennessee is deemed worthy and de- tice Administration from San Jose State Uni- to help feed themselves and their families. serving of this ‘‘Congressional Recognition’’— versity. Yet, by advancing H.R. 9 this Majority takes Mrs. Robbie Davis Gunn, U.S. Citizen of Dis- In her spare time—of which she now will away money that could be used to shore up tinction. have much more upon her well deserved re- this program which serves the truly destitute. Proclaimed, this 25th day of March, 2012. tirement—Sergeant Lee enjoys reading, soft- The Supplemental Nutrition Assistance Pro- f ball, racquetball, bicycling, traveling, outlet gram, SNAP, is the cornerstone of the Na- shopping and cooking. tion’s nutrition assistance safety net. SNAP IN RECOGNITION OF JONI D. LEE Mr. Speaker, I ask this body to rise with me touches the lives of over one in seven Ameri- to honor Sergeant Joni Lee for her dedication cans. Indeed you could say that SNAP saves HON. JACKIE SPEIER to public service and safety. She will be deep- lives. Everyone’s life is not as simple as some OF CALIFORNIA ly missed by her fellow officers and the law on the other side would have us believe— IN THE HOUSE OF REPRESENTATIVES abiding residents of South San Francisco. every person who is homeless cannot be fixed f with magic dust and self-help policy prescrip- Monday, April 23, 2012 tions. Life is complicated and fraught with dan- Ms. SPEIER. Mr. Speaker, I rise to honor SMALL BUSINESS TAX CUT ACT ger and uncertainty. Sergeant Joni D. Lee for her 31 years of serv- Lucky are many of us who go home to ice with the South San Francisco Police De- SPEECH OF warm shelter, food, and family. There, but for partment. Long before community policing was HON. SHEILA JACKSON LEE the grace of God go I. a popular concept, Sergeant Lee personified a OF TEXAS SNAP benefits are available to most people law enforcement officer fully integrated into the IN THE HOUSE OF REPRESENTATIVES who meet the financial requirements, and the community. She has worked closely with local program serves a broad spectrum of low-in- businesses, educated our youth and sup- Thursday, April 19, 2012 come people. In Fiscal Year 2010, SNAP pro- ported our senior citizens. Ms. JACKSON LEE of Texas. Mr. Speaker, vided about $5.4 billion in food benefits to a Sergeant Lee was hired as the first female I rise to speak out against the fallacy that is monthly average of over 3.6 million people in officer by the San Francisco Police Depart- H.R. 9. Texas.

VerDate Mar 15 2010 05:05 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.008 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E613 Another pressing issue is the encroaching cause the benefit is a deduction and not a in honoring Francis Lee Contracting as the and massive debt from student loans. In Janu- credit, the value of the benefit increases with 2012 District of Columbia Small Business of ary President Obama stated: income. the Year, as well as its principals, Brian Smith, When kids do graduate, the most daunting In addition, because the size of the benefit Geary Powell, and Terry Smith. challenge can be the cost of college. At a can be limited by a taxpayer’s taxable income, Francis Lee Contracting is a District of Co- time when Americans owe more in tuition losses that reduce or eliminate such income, lumbia small business specializing in exca- debt than credit card debt, this Congress including losses carried forward from prior vation, grading, site concrete, clearing, grub- needs to stop the interest rates on student years, can eliminate the benefit. bing, and demolition. After doing work in the loans from doubling in July. Preliminary analyses indicate that H.R. 9 is initial stages of the U.S. Department of Home- Student debt loan and the looming prospect a $46 billion tax cut disproportionately benefit- land Security, DHS, headquarters construction of a massive interest rate increase is like a ting the very wealthiest Americans. project at the St. Elizabeths West Campus, stealth tax darkening the horizon of borrowers Although a distributional analysis by the Francis Lee Contracting was selected as a nationwide. Indeed it is a ticking time bomb for Joint Committee on Taxation is not yet avail- subcontractor to perform earthwork for the pe- students and families: If Congress doesn’t act able, the Center on Budget and Policy Prior- rimeter security fence there, because of the in 74 days, subsidized Stafford student loans ities indicated that, based on an analysis pro- high quality of its work. Francis Lee Con- rates will double from 3.4 percent to 6.8 per- vided by the Tax Policy Center, approximately tracting is located in Ward 8, where the DHS cent. ‘‘49 percent of the tax cut provided by H.R. 9 headquarters construction is taking place and In 2007, Congress made an historic invest- would go to the 0.3 percent of people with in- which is the section of our city with the highest ment in higher education when we passed the comes exceeding $1 million in 2012; they unemployment rate. Francis Lee Contracting College Cost Reduction and Access Act. In- each would receive an average tax cut of has worked to improve the local community cluded in this legislation was a provision that more than $44,000.’’ and has hired Ward 8 residents. reduced the fixed rate on Stafford student Middle- and low-income families are strug- Francis Lee Contracting has over 50 years loans for undergraduate students. The College gling to recover from the deepest recession in of experience in the construction field, on both Cost Reduction and Access Act lowered sub- decades; they have lost jobs, homes and republic- and private-sector projects, and has sidized Stafford student loan rates from 6.8 tirement security. The Republican Majority for several certifications, including Certified Busi- percent to 3.4 percent over a four-year period months resisted extending the payroll tax cut ness Enterprise and certifications to work with easing the burden on thousands of students benefitting these families. But now, the Major- the District Department of Transportation, the and their families. ity is rushing to put forward another tax break Maryland Department of Transportation, and However, despite the ever-increasing cost of for the very wealthiest Americans. the Washington Metropolitan Area Transit Au- a higher education and the challenging job Given that this Committee has spent the last thority. Francis Lee Contracting continues to market graduates face, without Congressional year and three months talking about tax re- share its experience and knowledge with other action these rates will double later this year form, perhaps the most striking thing about small businesses by sponsoring and partici- and cost students and families thousands of H.R. 9 is that it is the antithesis of tax reform. pating in training sessions about bonding and dollars over time. The House Republican budget assumes that other aspects of the construction industry. In their zeal to avoid picking ‘‘winners and this Committee will produce a tax reform pack- The House of Representatives is gratified losers,’’ the majority has embraced a massive age with two rate brackets, but it offers no when a local small business competes and is $46 billion tax cut that is being offered in the clear indication of how to finance rate reduc- selected to perform work on a federal con- name of small business but will go to 99.6 tions that would cost trillions of dollars. struction project because of its quality of work, The only hint we have gotten is the vague percent of all businesses, whatever the value as exemplified by Francis Lee Contracting. of their assets or the amount of their income promise of the House Budget Committee I ask the House to join me in honoring and irrespective of the nature or function of chairman to eliminate what he calls ‘‘tax loop- Francis Lee Contracting and its principal, their business. holes.’’ But to raise sufficient funds for his tax Brian Smith, for its outstanding accomplish- The tax break is available to partnerships of reform plans, his definition of ‘‘tax loophole’’ ments and commitment to the residents of the highly paid professionals, including lawyers would have to include provisions related to Distinct of Columbia, and in commending and lobbyists. It is available to hedge fund and health, education, home mortgage interest, Francis Lee Contracting on becoming the private equity fund managers. By restricting and pensions. 2012 District of Columbia Small Business of These are not ‘‘loopholes.’’ Rather, in many the definition of small business to an em- the Year. cases, they are provisions designed to ployee count and ignoring other relevant fac- f tors, such as revenues, H.R. 9 guarantees achieve clear economic and social policy that the benefit will be available to a host of goals. Ironically, H.R. 9 would be a new tax IN RECOGNITION OF LUBIANA businesses that are anything but small. For expenditure and a temporary one at that. And BAGNESCHI CERNOBORI example, many professional sports teams it would have far less merit than policies, such would get the tax break. as the mortgage interest deduction and the HON. JACKIE SPEIER exclusion for employer provided healthcare, H.R. 9 is not targeted at job creation. Any OF CALIFORNIA that now appear to be in the majority’s cross- number of measures could have been in- IN THE HOUSE OF REPRESENTATIVES cluded in H.R. 9 to limit the availability of the hairs. tax benefit to businesses that hire or invest in Mr. Speaker, I cannot in good conscience Monday, April 23, 2012 the United States. support a measure that takes away from Medi- Ms. SPEIER. Mr. Speaker, I rise to honor None of these measures was included. care, the SNAP Program, and dollars that Lubiana Bagneschi Cernobori, one of the most There is no requirement that a business re- could be used to mitigate the devastating ef- generous, altruistic and loving women I have ceiving the deduction created by H.R. 9 ex- fect of sharply escalating interest rates on ever met. Lubiana is being honored by the Pe- pand employment. Stafford student loan. ninsula Italian American Social Club in San In fact, a business that reduces employment Let’s reject this bill and move on to real job Mateo, California for her outstanding chari- remains eligible for the deduction. Even creation, tax reform and deficit reduction and table and civic activities in San Mateo County. worse, businesses that reduce their American not the sham version before us this morning. Lubiana was born in Lucca, Italy as the workforce while expanding overseas still get f youngest daughter of the late Gina and the tax break. In contrast to measures such as HONORING FRANCIS LEE CON- NelloBagneschi. She came to the United bonus depreciation or expensing, there is no TRACTING AS THE 2012 DISTRICT States with her family in 1952, attended local requirement that a business receiving the tax OF COLUMBIA SMALL BUSINESS schools and learned English. In 1962 she break invest in the United States. And in con- OF THE YEAR graduated from Burlingame High School. trast to measures such as infrastructure Perseverance, hard work and creativity have spending, this one-time tax cut for the very HON. ELEANOR HOLMES NORTON been the constant theme of Lubiana’s life. She wealthiest would have a relatively small effect worked as a secretary and word processor for OF THE DISTRICT OF COLUMBIA on cumulative economic output. many years while raising a family. She and IN THE HOUSE OF REPRESENTATIVES The benefit provided by H.R. 9 is arbitrary. her husband Renato Cernobori have three In the case of small business owners, the Monday, April 23, 2012 daughters and four grandchildren. same amount of small business income will Ms. NORTON. Mr. Speaker, I rise today to Since her retirement, Lubiana has dedicated not always produce the same benefit. Be- ask the House of Representatives to join me her time and energy to two Italian-American

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organizations: the Peninsula Italian-American Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- was sent to Fort Ord where he completed ac- Social Club (PIASC) and the Italian-American SON, Jr. do hereby proclaim April 14, 2012 as tive service before being discharged. Women’s Guild (IAWG). As one of the found- Georgia Piedmont Technical College Day in For his service in the U.S. Army, Specialist ing members of IAWG, she started and still the 4th Congressional District of Georgia. Woods received the National Defense Service chairs Mani di Angeli, or Hands of Angels. Proclaimed, this 14th day of April, 2012. Medal, Good Conduct Medal, Vietnam Service Mani di Angeli helps fellow IAWF members in f Medal with Bronze Star, Vietnam Campaign time of crisis by taking them to hospital or Medal with Device, two Purple Hearts, Combat doctor visits, cooking meals or simply making HONORING U.S. ARMY SPECIALIST- Infantryman’s Badge, Army Aircrew Badge, cookies. 4 HENRY L. WOODS and Sharpshooter Badge with Auto Rifle BAR, Mani di Angeli does hands-on work and and the Sharpshooter Pistol Badge. On Vet- makes the recipients feel like they have been HON. JEFF DENHAM eran’s Day 2003, he was honored in a special touched by an angel. Under Lubiana’s guid- OF CALIFORNIA ceremony by Congressman George Radano- ance, the committee members have donated IN THE HOUSE OF REPRESENTATIVES vich in which he received the medals for his service. clothing, food and toiletries to Samaritan Monday, April 23, 2012 House and Saint Francis Center, organized a Specialist Woods returned to the Chowchilla area where he worked in agriculture for sev- knitting group and delivered thousands of Mr. DENHAM. Mr. Speaker, I rise today to eral years. He attended Merced College on items to nursing homes, hospitals and chemo honor Veterans of Foreign Wars Chowchilla the G.I. Bill where he earned an Associate of infusion centers. They have sent care pack- Post 9896 Life Member U.S. Army Specialist- Arts and an Associate of Science Degree in ages to soldiers in Iraq and donated cell 4 Henry L. Woods. Specialist Woods served Plant Science and Mechanized Agriculture. phones and chargers to a domestic violence the United States of America honorably with Specialist Woods has four children: Debbie, shelter. They have conducted fundraisers for the 20th Combat Engineers and 101st Air- Chuck, Erin, and Matt. He is the proud grand- Cooley’s Anemia and the Alzheimer Aid Soci- borne in the Vietnam war siege of Phu Nhon. father of seven. He now resides near Helena, ety and food and toy drives for charitable Specialist Woods was born in Elgin, Okla- homa, in 1944. His family subsequently moved Montana. groups and food banks. They have sewed Specialist Woods is a Life Member of hundreds of surgical dolls and wheelchair to California and settled in the Plainsburg area, later settling in Dos Palos. Specialist Chowchilla VFW Post 9896, the American Le- backpacks for children in local hospitals. gion, the Military Order of the Purple Heart, As is apparent from the diversity of projects Woods graduated from Dos Palos High School in 1963. He worked in the maintenance de- and the Disabled American Veterans. He at- Lubiana initiated, she is incredibly creative and tends St. John’s Lutheran Church in Helena. resourceful and cares deeply about the good partment of Chowchilla High School and in agriculture until he enlisted in the U.S. Army in Mr. Speaker, please join me in honoring of our community. She also has extraordinarily Specialist Henry L. Woods for his honorable good taste as one can see from her work 1969. Specialist Woods, or ‘‘Woody’’ as he was service to our great country, and wishing him decorating PIASC’s beautiful hall. the best of luck and health in his future en- Mr. Speaker, it is right to honor Lubiana called by his fellow soldiers, completed basic training at Fort Ord, where he qualified as a deavors. Bangneschi Cernobori on Columbus Day for f her invaluable service to the Italian American sharpshooter with the M–14 rifle. He was as- community and our community at large. signed to duty with the 984th Military Police HONORING EILEEN SAMUEL Company at Fort Carson, Colorado. He was f later transferred to Fort Lewis, Washington, for HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. HONORING GEORGIA PIEDMONT pre-deployment training for service in Vietnam. OF GEORGIA TECHNICAL COLLEGE In December 1969, he arrived in Saigon and IN THE HOUSE OF REPRESENTATIVES joined the 1st Cavalry in the Central Highlands Monday, April 23, 2012 HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. and assigned to Company D of the 20th Com- Mr. JOHNSON of Georgia. Mr. Speaker, I OF GEORGIA bat Engineers near Qui Nhon. The unit pro- present the following U.S. Citizen of Distinc- IN THE HOUSE OF REPRESENTATIVES vided security called QL 14–South that saw heavy enemy action and was often referred to tion. Monday, April 23, 2012 as ‘‘Massacre Highway.’’ During this assign- Whereas, our lives have been touched by Mr. JOHNSON of Georgia. Mr. Speaker, I ment, the unit was part of a major assault at the life of this one woman . . . who has given submit the following proclamation. LZ Black Hawk in the Central Highlands in of herself to her community and family; and Whereas, Fifty years ago, DeKalb County, which Specialist Woods was injured in hand- Whereas, Mrs. Eileen Samuel’s spirit is Georgia was blessed with an educational insti- to-hand combat. He was treated for facial and present in Birmingham, Alabama for all to see, being a nurse, neighbor and friend; and tution that continues today to uplift and assist head injuries before returning to duty. Whereas, this giant of a woman was born in citizens in gaining knowledge to enhance their In early 1971, while serving temporary duty Birmingham, Alabama to Mr. Dewey and Mrs. with the 101st Airborne, Specialist Woods was lives and the lives of others by investing in Dellie Barnes on February 6, 1943, she has a door gunner on a helicopter gunship. During dreams; and been on the move ever since as a woman of this time, North Vietnamese Army Troops Whereas, In 1961, DeKalb Area Vocational God; and School—now Georgia Piedmont Technical began targeting the U.S. Army base at Phu Whereas, this remarkable woman gave of College was founded to promote a student- Nhon, commonly known as ‘‘LZ Lonely.’’ On herself, her time, her talent and her life; she centered environment for lifelong learning and March 15, 1971, a North Vietnamese force at- never asked for fame or fortune just fairness development, encompassing academic and tacked the base, quickly overrunning South Vi- for the people, she was our quiet storm, a technical education for employment in a global etnamese soldiers. Specialist Woods served spark that starts a flame; and community here in DeKalb County, Georgia to as part of a reinforcement group to repel the Whereas, Mrs. Eileen Samuel led by doing service the citizens of DeKalb County and attack. During the battle, he acted as a door behind the scenes, she encouraged all those nearby communities; and gunner on a gunship, delivering M–60 ma- around her who wanted to make a difference, Whereas, Georgia Piedmont Technical Col- chinegun fire to enemy forces. While making a be it her children, her elected officials, her lege has grown from one campus to nine cam- pass over enemy positions, the co-pilot and neighbors and her church members at Oak puses in DeKalb, Newton, Rockdale and Mor- second door gunner were killed. Back on the Street Baptist Church; she was a virtuous gan counties; and ground, Specialist Woods joined ground troops woman, a woman of great integrity who re- Whereas, Georgia Piedmont Technical Col- in delivering upon the enemy, twice trans- mained true to the uplifting of her community lege continues to be a resource for citizens in porting wounded soldiers to medical help which in turn uplifted my community in Geor- DeKalb County and throughout the state of under heavy fire. During the fight, Specialist gia through her daughter DeKalb County Com- Georgia by providing excellent community Woods sustained a gunshot wound to his missioner Sharon Barnes Sutton; and service, educational opportunities and stellar head and was med-evaced to an aid station. Whereas, the U.S. Representative of the leadership; and During treatment for his second wound, Fourth District of Georgia has set aside this Whereas, the U.S. Representative of the Specialist Woods exhibited symptoms that day to bestow a Congressional Recognition on Fourth District of Georgia is officially honoring, later would be attributed to exposure to herbi- Mrs. Eileen Samuel for her leadership, friend- recognizing and congratulating Georgia Pied- cide Agent Orange. He struggles with the ship and service to all of the citizens through- mont Technical College on its 50th anniver- symptoms of Agent Orange exposure to this out the Nation; a citizen of great worth and so sary as an anchor in our District; day. After recuperating from his wounds, he noted distinction;

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Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- San Francisco City College. He received both HONORING LORRAINE B. MYLES SON, Jr., do hereby attest to the 112th Con- his Bachelor of Science in Human Services gress that Mrs. Eileen Samuel of Birmingham, and Counseling and his Master’s Degree in HON. HENRY C. ‘‘HANK’’ JOHNSON Alabama is deemed worthy and deserving of Public Affairs Administration from Notre Dame OF GEORGIA this ‘‘Congressional Recognition’’—Mrs. Eileen de Namur University. In addition, he is a grad- IN THE HOUSE OF REPRESENTATIVES Samuel, U.S. Citizen of Distinction in the 4th uate of the FBI National Academy Class 191 Congressional District of Georgia. and the Delinquency Control Institute at the Monday, April 23, 2012 Proclaimed, this 10th day of March, 2012. University of Southern California. Mr. JOHNSON of Georgia. Mr. Speaker, I f Chief O’Connor and his wife of 28 years, submit the following Proclamation. Whereas, reaching the age of 75 years is a Janie, have two children, Matthew and Tayler. IN RECOGNITION OF MATTHEW remarkable milestone; and Upon his well deserved retirement Mr. O’Con- PETER O’CONNOR Whereas, Ms. Lorraine B. Myles was born nor will be spending more time with his family on March 4, 1937 and is celebrating that mile- and friends, traveling and taking photos. HON. JACKIE SPEIER stone; and OF CALIFORNIA Mr. Speaker, I ask this body to rise with me Whereas, Ms. Myles has been blessed with IN THE HOUSE OF REPRESENTATIVES to honor Matthew Peter O’Connor for his out- a long, happy life, devoted to God and credits Monday, April 23, 2012 standing service to our community. He per- it all to the Will of God; and sonifies what a law enforcement officer ought Whereas, Ms. Myles is celebrating her 75th Ms. SPEIER. Mr. Speaker, I rise to honor to be and has touched and improved the life birthday with her family members, church Matthew Peter O’Connor who retired as the of every resident in Hillsborough. members and friends here in DeKalb County, Chief of Police for the Hillsborough Police De- Georgia; and partment after more than 30 years of service. f Whereas, the Lord has been her Shepherd Chief O’Connor has a stellar record of keep- throughout her life and she prays daily and is ing the residents of Hillsborough safe. He COMMENDING ARMISHA ROBERTS leading by example a blessed life; and maintained the lowest crime rate for a munici- FOR BEING A RECIPIENT OF THE Whereas, we are honored that she is cele- pality with a population of over 10,000 for the 2012 BUICK ACHIEVERS SCHOLAR- brating the milestone of her 75th birthday in entire decade of the 2000’s. His leadership SHIP PROGRAM the 4th District of Georgia; and was instrumental in the department’s radio Whereas, the U.S. Representative of the and computer technological advances and in Fourth District of Georgia has set aside this establishing lasting relationships with the HON. ALCEE L. HASTINGS day to honor and recognize Ms. Lorraine B. Hillsborough school district. He has engaged Myles for an exemplary life which is an inspi- OF FLORIDA our youths with bike rodeos, reading events ration to all, and police officer lunches. IN THE HOUSE OF REPRESENTATIVES Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- Mr. O’Connor followed in his father’s foot- SON, Jr. do hereby proclaim March 4, 2012 as Monday, April 23, 2012 steps in pursuing a career in law enforcement. Ms. Lorraine B. Myles Day in the 4th Congres- The son of Matthew M. O’Connor, who was a Mr. HASTINGS of Florida. Mr. Speaker, I sional District of Georgia. special agent at the San Francisco office of rise today to commend Armisha Roberts of Proclaimed, this 4th day of March, 2012. the California State Bureau of Narcotics En- Boynton Beach, Florida, for being named one f forcement, Matthew P. O’Connor began his career as a community service officer with the of the first four winners of the 2012 Buick RECOGNIZING TWO-YEAR ANNI- San Bruno Police Department at age 20. In Achievers Scholarship Program. The Buick VERSARY OF THE DEEPWATER 1981, he was hired as a deputy sheriff for the Scholarship is bestowed upon students nation- HORIZON OIL SPILL Alameda County Sheriff’s Office. The following wide who have continually demonstrated an year he moved to the Hillsborough Police De- ability to excel in the classroom as well as HON. LAURA RICHARDSON partment where he worked his way from police have an interest in science, technology, engineering, and mathematics, STEM, education; OF CALIFORNIA officer to field training officer to sergeant to IN THE HOUSE OF REPRESENTATIVES commander and eventually chief of police in along with a willingness to serve the commu- 2002. nity. Monday, April 23, 2012 Chief O’Connor has received numerous Armisha has displayed an extraordinary Ms. RICHARDSON. Mr. Speaker, I rise awards including the Life Saving Act of Her- commitment to community activism, volun- today to recognize the tragic two-year anniver- oism, the Notre Dame de Namur University teering for a variety of important projects such sary of the Deepwater Horizon Oil Spill on Dean’s Award for academic excellence and as Toys for Tots, Relay for Life, and Education April 20, 2010. The explosion that day and service to the University, the Notre Dame de Rocks. Furthermore, through her community subsequent fire claimed the lives 11 American Namur Alumni Award for achieving promi- involvement Armisha has participated in efforts workers and after the sinking of the oil rig two nence in a profession and the Leadership in to clean debris from a local inlet in addition to days later led to the largest oil spill in U.S. Action Award. Chief O’Connor’s dedication planting a community vegetable garden. Due waters. The damaged well was estimated to and commitment to law enforcement are re- to her dedication to community service, have lost approximately 60,000–100,000 bar- flected in the many roles he has taken on over Armisha was appointed to the Education and rels of oil each day. The affects of the oil spill the years: he served as president of the San Youth Advisory Board for Boynton Beach as a on the Gulf Coast were staggering and still Mateo County Police Chiefs and Sheriff Asso- student voting member. today have lingering effects. ciation, Member of the California Police Chiefs Hundreds of miles of delicate ecosystems Armisha will be attending Howard University Association and International Association of were devastated along the tidal shorelines of where she plans to major in mathematics and Chiefs of Police, chair of the County Commu- Louisiana, Mississippi, Alabama, and Florida. then seek a career in electrical engineering. In nications & Technology Committee, member Approximately 83,927 square miles of Gulf of this field, Armisha hopes to be involved in the of the California State Police Chiefs Commu- Mexico federal waters were closed to fishing development of electric vehicles. I am proud nications & Technology Committee, President because of health concerns. Even after the of the 100 Club of San Mateo County, and that Armisha and other students recognize the eventual sealing of the well and the shutting graduate of the Leadership Program of San value and importance of STEM education as off of crude oil flow, the work was not done. Mateo, Foster City, Burlingame and well as the importance of giving back to the Extensive efforts were made to rid the water Hillsborough. He has also been a strong sup- community. of oil and to restore the shorelines to their porter of the annual Hillsborough Concours Mr. Speaker, I am truly honored to rep- prior beauty. The untold economic impact on d’Elegance, the Centennial Celebration, the resent such a driven student and young leader the fishing, tourism, and other industries of the Memorial Day Parade and dignitary visits. who lives in my Congressional district. I wish Gulf cannot be overlooked. Matthew O’Connor was born in Glendale, her the best of luck in her future endeavors, I praise the valiant efforts of the men and California and raised in South San Francisco. where I know she will go on to do great women that spent countless hours dedicating He attended St. Veronica’s Catholic School things. Armisha Roberts is the definition of a themselves to containing and cleaning up of and South San Francisco High School. He role model, and she is truly deserving of this this disaster. The team included the U.S. earned his Associate in Science Degree from most prestigious award. Coast Guard (USCG), EPA, the Department of

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Workers diligently worked to get the Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- OF GEORGIA necessary equipment to coastal waters but SON, Jr. do hereby proclaim March 13, 2012 IN THE HOUSE OF REPRESENTATIVES there were delays that can’t be ignored. as Ms. Marci McCarthy Day in the 4th Con- Monday, April 23, 2012 I commend our efforts to immediately re- gressional District of Georgia. spond to the disaster by passing H.R. 5503, Proclaimed, this 13th day of March, 2012. Mr. JOHNSON of Georgia. Mr. Speaker, I the SPILL Act, to reform the following maritime submit the following proclamation. liability laws: Death on the High Seas Act, Whereas, in the Fourth Congressional Dis- f Jones Act, and Limitation on Liability Act. trict of Georgia, there are many individuals These bills are to ensure the families of those IN RECOGNITION OF ROBERT J. who are called to contribute to the needs of killed or injured in the BP Spill and other simi- PAYNE our community through leadership and serv- lar tragedies are justly compensated. We also ice; and passed H.R. 5481 that gave subpoena power Whereas, Ms. Shundra Y. Nephew has an- to the National Commission on the BP Deep- HON. JACKIE SPEIER swered that call by giving of herself as an ed- water Oil Spill and Offshore Drilling tasked OF CALIFORNIA ucator at Edward L. Bouie, Sr., Elementary with providing recommendations on how to Traditional Theme School, and as a beloved prevent future oil spills that result from off- IN THE HOUSE OF REPRESENTATIVES daughter, granddaughter and friend; and shore drilling. Our efforts should not stop Monday, April 23, 2012 Whereas, Ms. Nephew has been chosen as there. the 2012 Teacher of the Year, representing Strides have been made to establish a clear Ms. SPEIER. Mr. Speaker, I rise to honor Edward L. Bouie, Sr., Elementary Traditional chain of command and developing a coordi- Officer Robert Payne for his 30 years of serv- Theme School; and nated and efficient response to disasters. But, ice at the Daly City Police Department. Whereas, this phenomenal woman has there is much more that has to be done to Mr. Payne was appointed a police officer on shared her time and talents for the betterment avoid another oil spill of this magnitude. We June 1981 and attended the San Jose Crimi- of our community and our nation through her must stay vigilant in evaluating our nation’s nal Justice Training Center Academy where tireless works, motivational speeches and capacity to respond to oil spills. Develop he graduated in November of the same year. words of wisdom; and standard national protocols for oil spill re- Officer Payne served as a patrol officer and Whereas, Ms. Nephew is a virtuous woman, sponse and clean up assessments and de- trained many new police recruits as field train- a courageous woman and a fearless leader velop guidance and tools for oil spill responding officers. In the late 1980s he was assigned who has shared her vision, talents and pas- ers. Establish direct research and take action to the community division where he launched sion to help ensure that our children, receive to improve the ability of the United States to his career as a school resource officer and in- an education that is relevant not only for conduct oil spill prevention, response, and re- vestigator. In that capacity he graduated from today, but well into the future, as she truly un- covery in Arctic waters. Our civic responsibility the prestigious Delinquency Control Institute at derstands that our children are the future; and is to learn from our mistakes and apply those the University of Southern California. Officer Whereas, the U.S. Representative of the lessons to future oil spills and other such dis- Payne has taught an anti-gang and drug pro- Fourth District of Georgia has set aside this asters that unfortunately may occur. gram throughout all the elementary schools in day to honor and recognize Ms. Shundra Y. Mr. Speaker, I rise today to recognize the Daly City. He also was a liaison officer for Nephew for her leadership and service for our tragic two-year anniversary of the Deepwater both Westmoor and Jefferson High Schools District and in recognition of this singular Horizon Oil Spill. I urge this body to continue where he developed a great rapport with the honor as 2012 Teacher of the Year at Edward to introduce and support legislation that pre- faculties. L. Bouie, Sr., Traditional Theme Elementary vents and protects our environment, economy, School; Officer Payne coordinated several youth and families from future unfortunate disasters Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- programs, including the ‘‘Every 15 Minutes’’ that may occur. SON, Jr. do hereby proclaim March 30, 2012 anti-drunk driving event and the ‘‘Kops and f as Ms. Shundra Y. Nephew Day in the 4th Kids’’ program. He helped design the ‘‘Just Congressional District. HONORING MARCI MCCARTHY Say No to Gangs’’ program which was com- Proclaimed, this 30th day of March, 2012. mended by the State of California Youth Au- f HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. thority. HONORING SERGEANT DONALD E. OF GEORGIA He distinguished himself as a detective in- SCHNOOR IN THE HOUSE OF REPRESENTATIVES vestigating crimes against children and was promoted to senior juvenile officer as a result. Monday, April 23, 2012 Officer Payne’s dedication and commitment HON. JEFF DENHAM Mr. JOHNSON of Georgia. Mr. Speaker, I has not gone unnoticed. He received numer- OF CALIFORNIA submit the following proclamation. ous awards, letters of appreciation, citizen let- IN THE HOUSE OF REPRESENTATIVES Whereas, the public safety of our citizens is ters and tributes from schools for his empathy Monday, April 23, 2012 the foremost priority of our government; and and advocacy for our youth. Whereas, Ms. Marci McCarthy has given As a patrol officer he was awarded several Mr. DENHAM. Mr. Speaker, I rise today to and continues to give exceptionable and dis- commendations. For example in 2003, he re- honor Veterans of Foreign Wars Chowchilla tinguished service by providing guidance, pro- ceived one for bravery and quick action for his Post 9896 Life Member Sergeant Donald E. tection and leadership in protecting our public assistance in the capture of an armed bank Schnoor. Mr. Schnoor served the United and private sectors in cyberspace; and robbery suspect. States of America honorably with the U.S. Whereas, Ms. McCarthy gives of herself to Army First Cavalry in the Korean War. Robert is a Daly City boy through and insure that our Nation can foster greater pro- Sergeant Schnoor was born in Chowchilla, through, having attended Holy Angels School fessionalism in the Information Security Indus- California, on December 19, 1934. After grad- and graduated from Westmoor High School in try; and uating from Chowchilla High School in 1952, 1976. He earned his degree in criminal justice Whereas, the issue of cybercrimes is of his- he enlisted in the U.S. Army. He completed from San Jose State University. torical importance, and the work of Ms. basic training at Fort Ord, and was selected to McCarthy enhances the efforts of our home- He lives in Brentwood with his wife of 26 train as a musician with the Army Band Train- land security and local law enforcement agen- years, Debbie. They are the proud parents of ing Unit. Upon completion of band training, he cies; and two sons, Brian and Stephen who serve in the was assigned to play the trombone with the Whereas, Ms. McCarthy gives of herself Marine Corps. 6th Army Band at Fort Mason in San Fran- daily without any need for praise and fame, Mr. Speaker, I ask this body to rise with me cisco. The band played for troops leaving and while serving valiantly and making us proud; to honor the distinguished service of Officer arriving by ship to and from the Far East, pri- and Robert Payne to the residents of Daly City. marily Korea. Numerous Hollywood and local Whereas, the U.S. Representative of the His familiar face will be missed by his fellow professional celebrities performed with the Fourth District of Georgia has set aside this officers and citizens alike. band.

VerDate Mar 15 2010 05:05 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.017 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E617 Wanting to see a bit of the world, Sergeant tra. After a competitive audition process, he Whereas, Over fifteen years ago a virtuous Schnoor subsequently volunteered for duty was accepted. Sergeant Schnoor spent the re- woman of God accepted her calling to serve with Army occupation troops in Japan. Upon mainder of his overseas service as one of in the United Way of Metropolitan Atlanta; and arrival in Japan, Sergeant Schnoor was in- three trombonists traveling in Japan playing formed that although he had been trained as U.S.O. shows for American servicemen. Whereas, Ms. Carol Crumby began her ca- a musician, the Army considered him an infan- Sergeant Schnoor returned to the U.S. in reer with the United Way working in Resource tryman first and a trombone player second. the spring of 1955. He was discharged as a Development, Area Development and Commu- His next stop would be Inchon, Korea, car- Sergeant. For his service, he was awarded the nity Engagement. Today she retires as the rying an M1 rifle and a pack. Presidential Unit Citation, the Korean Service Senior Director for Education; and While deployed in Inchon, Sergeant Medal, the United Nations Medal, the National Whereas, this phenomenal woman has Schnoor joined the 5th Regiment of the leg- Service Defense Medal, and the Good Con- endary First Cavalry Division stationed near duct Medal. After his military service, Sergeant shared her time and talents, giving the citizens the front lines southeast of Seoul near Yong Schnoor returned to Chowchilla and began a of our District a friend to help those in need, Dong Po. He was assigned to a fire team for career in farming that has continued for 56 a fearless leader and a servant to all who a 75 MM recoilless rifle mounted on a 3/4 ton years. He and his wife, Peggy, have three wants to insure that the system works for ev- 4 x 4 utility truck. He and his fellow soldiers daughters, six grandchildren, and two great- eryone; and were sent on missions to deliver fire with high grandchildren. Sergeant Schnoor is a Life Whereas, Ms. Carol Crumby is a corner- explosive rounds and armor piercing rounds Member of the Chowchilla VFW Post 9896, stone in our community that has enhanced the on North Korean troops along the front lines. the American Legion Post of Madera, the At a later point in his tour, Sergeant Madera Elks, and the First United Methodist lives of thousands for the betterment of our Schnoor and 20 other soldiers were assigned Church of Madera. District and Nation; and to escort 120 North Korean prisoners by train Mr. Speaker, please join me in honoring Whereas, the U.S. Representative of the to the Pusan area. After reaching Pusan, the Sergeant Donald E. Schnoor for his honorable Fourth District of Georgia has set aside this unit was assigned to guard more than 4,000 service to our great country, and wishing him day to honor and recognize Ms. Carol Crumby North Korean prisoners held on the island of the best of luck and health in his future en- on her retirement from the United Way of Met- Koje-do. deavors. Sergeant Schnoor served in North Korea ropolitan Atlanta and to wish her well in her f until the truce was signed in 1954. After the new endeavors; conclusion of the war, he joined the rest of the HONORING CAROL CRUMBY Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- First Cavalry Division in Hokkaido, Japan. The SON, Jr., do hereby proclaim March 27, 2012 mission of the division was to serve as a de- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. as Ms. Carol Crumby Day in the 4th Congres- terrent to Russia from attempting to invade the OF GEORGIA sional District of Georgia. Japanese islands of Northern Hokkaido. At the IN THE HOUSE OF REPRESENTATIVES end of 1954, the 5th Regiment relocated to Proclaimed, this 27th day of March, 2012. Sendai, Japan, where he joined the First Cav- Monday, April 23, 2012 alry Band and Orchestra. He was rec- Mr. JOHNSON of Georgia. Mr. Speaker, I ommended to audition for the U.S.O. Orches- submit the following proclamation.

VerDate Mar 15 2010 05:06 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.020 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS E618 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2012 SENATE COMMITTEE MEETINGS in Cedar Park, Texas, as the ‘‘Army Banking, Housing, and Urban Affairs Specialist Matthew Troy Morris Post Housing, Transportation and Community Title IV of Senate Resolution 4, Office Building’’, H.R. 1423, to des- Development Subcommittee agreed to by the Senate on February 4, ignate the facility of the United States To hold hearings to examine helping 1977, calls for establishment of a sys- Postal Service located at 115 4th Ave- homeowners save money through refi- tem for a computerized schedule of all nue Southwest in Ardmore, Oklahoma, nancing. meetings and hearings of Senate com- as the ‘‘Specialist Micheal E. Phillips SD–538 mittees, subcommittees, joint commit- Post Office’’, H.R. 2079, to designate the 10:30 a.m. tees, and committees of conference. facility of the United States Postal Appropriations This title requires all such committees Service located at 10 Main Street in Department of Defense Subcommittee to notify the Office of the Senate Daily East Rockaway, New York, as the To hold closed hearings to examine pro- ‘‘John J. Cook Post Office’’, H.R. 2213, posed budget estimates for fiscal year Digest—designated by the Rules Com- to designate the facility of the United 2013 for national and military intel- mittee—of the time, place, and purpose States Postal Service located at 801 ligence programs. of the meetings, when scheduled, and West Eastport Street in Iuka, Mis- SVC–217 any cancellations or changes in the sissippi, as the ‘‘Sergeant Jason W. 2 p.m. meetings as they occur. Vaughn Post Office’’, H.R. 2244, to des- Armed Services As an additional procedure along ignate the facility of the United States Personnel Subcommittee with the computerization of this infor- Postal Service located at 67 Castle To resume hearings to examine the Ac- mation, the Office of the Senate Daily Street in Geneva, New York, as the tive, Guard, Reserve, and civilian per- Digest will prepare this information for ‘‘Corporal Steven Blaine Riccione Post sonnel programs in review of the De- printing in the Extensions of Remarks Office’’, H.R. 2660, to designate the fa- fense Authorization request for fiscal cility of the United States Postal Serv- year 2013 and the Future Years Defense section of the CONGRESSIONAL RECORD ice located at 122 North Holderrieth Program. on Monday and Wednesday of each Boulevard in Tomball, Texas, as the SD–106 week. ‘‘Tomball Veterans Post Office’’, H.R. 2:30 p.m. Meetings scheduled for Tuesday, 2767, to designate the facility of the Appropriations April 24, 2012 may be found in the Daily United States Postal Service located at Financial Service and General Government Digest of today’s RECORD. 8 West Silver Street in Westfield, Mas- Subcommittee sachusetts, as the ‘‘William T. Trant To hold hearings to examine expanding MEETINGS SCHEDULED Post Office Building’’, H.R. 3004, to des- broadband access, promoting innova- APRIL 25 ignate the facility of the United States tion, and protecting consumers in a Postal Service located at 260 California communications revolution, focusing 9 a.m. Drive in Yountville, California, as the on fiscal year 2013 resource needs for Agriculture, Nutrition, and Forestry ‘‘Private First Class Alejandro R. Ruiz the Federal Communications Commis- Business meeting to consider the 2012 Post Office Building’’, H.R. 3246, to des- sion. Farm Bill. ignate the facility of the United States SD–138 SR–328A Postal Service located at 15455 Man- Armed Services 9:30 a.m. chester Road in Ballwin, Missouri, as Readiness and Management Support Sub- Homeland Security and Governmental Af- the ‘‘Specialist Peter J. Navarro Post committee fairs Office Building’’, H.R. 3247, to des- To hold hearings to examine current Business meeting to consider S. 2218, to ignate the facility of the United States readiness of U.S. forces in review of the reauthorize the United States Fire Ad- Postal Service located at 1100 Town Defense Authorization request for fis- ministration, and for other purposes, S. and Country Commons in Chesterfield, cal year 2013 and the Future Years De- 241, to expand whistleblower protec- Missouri, as the ‘‘Lance Corporal Mat- fense Program. tions to non-Federal employees whose thew P. Pathenos Post Office Build- SR–232A disclosures involve misuse of Federal ing’’, H.R. 3248, to designate the facil- Armed Services funds, S. 2061, to provide for an ex- ity of the United States Postal Service Strategic Forces Subcommittee change of land between the Depart- located at 112 South 5th Street in Saint To hold hearings to examine ballistic ment of Homeland Security and the Charles, Missouri, as the ‘‘Lance Cor- missile defense policies and programs South Carolina State Ports Authority, poral Drew W. Weaver Post Office in review of the Defense Authorization S. 1673, establish the Office of Agri- Building’’, and the nominations of Request for fiscal year 2013 and the Fu- culture Inspection within the Depart- Tony Hammond, of Missouri, to be a ture Years Defense Program; with the ment of Homeland Security, which Commissioner of the Postal Regulatory possibility of a closed session in SVC– shall be headed by the Assistant Com- Commission, Mark A. Robbins, of Cali- 217 following the open session. missioner for Agriculture Inspection, fornia, to be a Member of the Merit SR–222 and for other purposes, S. 2170, to Systems Protection Board, and Roy amend the provisions of title 5, United Wallace McLeese III, to be an Associate APRIL 26 States Code, which are commonly re- Judge of the District of Columbia 9:30 a.m. ferred to as the ‘‘Hatch Act’’ to elimi- Court of Appeals. Armed Services nate the provision preventing certain SD–342 To hold hearings to examine the nomina- State and local employees from seek- Judiciary tions of Kathleen H. Hicks, of Virginia, ing elective office, clarify the applica- To hold an oversight hearing to examine to be Principal Deputy Under Sec- tion of certain provisions to the Dis- the Department of Homeland Security. retary for Policy, and Derek H. trict of Columbia, and modify the pen- SD–226 Chollet, of Nebraska, to be Assistant alties which may be imposed for cer- Rules and Administration Secretary for International Security tain violations under subchapter III of To hold hearings to examine S. 219, to re- Affairs, both of the Department of De- chapter 73 of that title, S. 1998, to ob- quire Senate candidates to file designa- fense. tain an unqualified audit opinion, and tions, statements, and reports in elec- SD–G50 improve financial accountability and tronic form. Energy and Natural Resources management at the Department of SR–301 Business meeting to consider Adam E. Homeland Security, H.R. 3902, to Veterans’ Affairs Sieminski, of Pennsylvania, to be Ad- amend the District of Columbia Home To hold hearings to examine Veterans’ ministrator of the Energy Information Rule Act to revise the timing of special Affairs mental health care, focusing on Administration, Department of En- elections for local office in the District evaluating access and assessing care. ergy, Marcilynn A. Burke, of North of Columbia, H.R. 2668, to designate the SD–138 Carolina, to be an Assistant Secretary station of the United States Border Pa- 10 a.m. of the Interior, and Anthony T. Clark, trol located at 2136 South Naco High- Finance of North Dakota, and John Robert Nor- way in Bisbee, Arizona, as the ‘‘Brian To hold hearings to examine tax reform, ris, of Iowa, both to be a Member of the A. Terry Border Patrol Station’’, S. focusing on what it means for state and Federal Energy Regulatory Commis- Res. 419, expressing the sense of the local tax and fiscal policy. sion; to be immediately followed by a Senate that public servants should be SD–215 hearing to examine weather related commended for their dedication and Health, Education, Labor, and Pensions electrical outages. continued service to the United States Business meeting to consider an original SD–366 during Public Service Recognition bill entitled ‘‘Food and Drug Adminis- Foreign Relations week, H.R. 298, to designate the facility tration Safety and Innovation Act’’, Business meeting to consider S. 2224, to of the United States Postal Service lo- and any pending nominations. require the President to report to Con- cated at 500 East Whitestone Boulevard SD–106 gress on issues related to Syria, H.R.

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M23AP8.000 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS April 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E619 1016, to measure the progress of relief, Judiciary 3 p.m. recovery, reconstruction, and develop- Business meeting to consider the nomi- Foreign Relations ment efforts in Haiti following the nations of Michael P. Shea, to be East Asian and Pacific Affairs Sub- earthquake of January 12, 2010, S. Res. United States District Judge for the committee 401, expressing appreciation for Foreign District of Connecticut, Gonzalo P. To hold hearings to examine United Service and Civil Service professionals Curiel, to be United States District States policy on Burma. who represent the United States Judge for the Southern District of Cali- SD–419 around the globe, an original resolu- fornia, and Robert J. Shelby, to be tion calling for democratic change in United States District Judge for the APRIL 27 Syria, the nominations of Scott H. District of Utah, vice Tena Campbell. 10 a.m. DeLisi, of Minnesota, to be Ambas- SD–226 Finance sador to the Republic of Uganda, Mi- Armed Services To hold hearings to examine the nomina- chael A. Raynor, of Maryland, to be SeaPower Subcommittee tions of Mark J. Mazur, of New Jersey, Ambassador to the Republic of Benin, To hold hearings to examine Marine and Makila James, of the District of Corps acquisition programs in review and Matthew S. Rutherford, of Illinois, Columbia, to be Ambassador to the of the Defense Authorization request both to be an Assistant Secretary of Kingdom of Swaziland, all of the De- for fiscal year 2013 and the Future the Treasury, and Meredith M. partment of State, and lists in the For- Years Defense Program. Broadbent, of Virginia, to be a Member eign Service. SR–222 of the United States International S–116, Capitol 2:15 p.m. Trade Commission. 10 a.m. SD–215 Banking, Housing, and Urban Affairs Joint Economic Committee To hold hearings to examine legislative To hold hearings to examine gas prices in MAY 9 proposals in the Department of Hous- the Northeast, focusing on the poten- ing and Urban Development’s fiscal tial impact on the American consumer 10 a.m. year 2013 budget. due to loss of refining capacity. Homeland Security and Governmental Af- SD–538 SD–G50 fairs Finance 2:30 p.m. To hold hearings to examine the nomina- To hold hearings to examine tax filing Homeland Security and Governmental Af- tion of Joseph G. Jordan, of Massachu- season, focusing on improving the tax- fairs setts, to be Administrator for Federal payer experience. Oversight of Government Management, the Procurement Policy, Executive Office SD–215 Federal Workforce, and the District of of the President. Homeland Security and Governmental Af- Columbia Subcommittee SD–342 fairs To hold hearings to examine financial To hold hearings to examine biological literacy, focusing on empowering security, focusing on the risk of dual- Americans to prevent the next finan- use research. cial crisis. SD–342 SD–342

VerDate Mar 15 2010 03:23 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M23AP8.000 E23APPT1 smartinez on DSK6TPTVN1PROD with REMARKS Monday, April 23, 2012 Daily Digest Senate Nomination Confirmed: Senate confirmed the fol- Chamber Action lowing nomination: Routine Proceedings, pages S2559–S2611 By 92 yeas to 1 nay (Vote No. EX. 67), Brian C. Measures Introduced: Eleven bills were introduced, Wimes, of Missouri, to be United States District as follows: S. 2328–2338. Page S2601 Judge for the Eastern and Western Districts of Mis- souri. Pages S2585–87, S2611 Measures Considered: Nominations Received: Senate received the fol- Violence Against Women Reauthorization Act— lowing nominations: Agreement: Senate resumed consideration of the 1 Air Force nomination in the rank of general. motion to proceed to consideration of S. 1925, to re- 2 Army nominations in the rank of general. authorize the Violence Against Women Act of 1994. 5 Marine Corps nominations in the rank of gen- Pages S2560–68, S2579–85, S2587–92 eral. A unanimous-consent agreement was reached pro- 5 Navy nominations in the rank of admiral. viding that upon disposition of S. 1789, 21st Cen- Routine lists in the Air Force, Army, and Navy. tury Postal Service Act, but no earlier than Wednes- day, April 25, 2012, Senate adopt the motion to Pages S2603–2611 proceed to consideration of the bill. Page S2592 Messages from the House: Page S2600 A unanimous-consent agreement was reached pro- Measures Referred: Page S2600 viding for further consideration of the motion to Measures Placed on the Calendar: Page S2600 proceed to consideration of the bill at approximately 10 a.m., on Tuesday, April 24, 2012; and at 12:30 Measures Read the First Time: Pages S2600, S2603 p.m., following consideration of the motion to pro- Executive Communications: Pages S2600–01 ceed to consideration of S.J. Res. 36, Senate continue Additional Cosponsors: Pages S2601–03 consideration of the motion to proceed to consideration of S. 1925. Page S2603 Additional Statements: Pages S2599–S2600 National Labor Relations Board—Agreement: Notices of Hearings/Meetings: Page S2603 Senate began consideration of the motion to proceed Privileges of the Floor: Page S2603 to consideration of S.J. Res. 36, providing for con- Record Votes: One record vote was taken today. gressional disapproval under chapter 8 of title 5, (Total–67) Pages S2586–87 United States Code, of the rule submitted by the National Labor Relations Board relating to represen- Recess: Senate convened at 12 p.m. and recessed at tation election procedures. Pages S2568–79 7:30 p.m., until 10 a.m. on Tuesday, April 24, A unanimous-consent agreement was reached pro- 2012. (For Senate’s program, see the remarks of the viding for further consideration of the motion to Majority Leader in today’s Record on page S2603.) proceed to consideration of the joint resolution at approximately 10:30 a.m., on Tuesday, April 24, 2012, under the order of Thursday, April 19, 2012; Committee Meetings and following the weekly caucus meetings, Senate (Committees not listed did not meet) continue consideration of the motion to proceed to consideration of the joint resolution. Page S2603 No committee meetings were held.

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VerDate Mar 15 2010 04:39 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23AP2.REC D23APPT1 smartinez on DSK6TPTVN1PROD with DIGEST D380 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 2012 House of Representatives National Fish and Wildlife Foundation Establishment Chamber Action Act, S. 1266, to direct the Secretary of the Interior to es- Public Bills and Resolutions Introduced: 9 public tablish a program to build on and help coordinate fund- bills, H.R. 4471–4479 were introduced. Page H2039 ing for the restoration and protection efforts of the 4- State Delaware River Basin region, S. 2156, to amend the Additional Cosponsors: Page H2040 Migratory Bird Hunting and Conservation Stamp Act to Reports Filed: There were no reports filed today. permit the Secretary of the Interior, in consultation with Speaker: Read a letter from the Speaker wherein the Migratory Bird Conservation Commission, to set he appointed Representative Culberson to act as prices for Federal Migratory Bird Hunting and Conserva- Speaker pro tempore for today. Page H2035 tion Stamps and make limited waivers of stamp requirements for certain users, S. 2282, to extend the authoriza- Senate Message: Message received from the Senate tion of appropriations to carry out approved wetlands by the Clerk and subsequently presented to the conservation projects under the North American Wet- House today appears on page H2035. lands Conservation Act through fiscal year 2017, 10:15 Quorum Calls—Votes: There were no Yea and Nay a.m., SD–406. votes, and there were no Recorded votes. There were Committee on Finance: To hold hearings to examine no quorum calls. fraud, focusing on investigation and conviction, 10 a.m., SD–215. Adjournment: The House met at 11 a.m. and ad- Committee on Foreign Relations: Subcommittee on African journed at 11:04 a.m. Affairs, to hold hearings to examine United States policy to counter the Lord’s Resistance Army, 10 a.m., SD–419. Committee Meetings Committee on the Judiciary: Subcommittee on Immigra- No hearings were held. tion, Refugees and Border Security, to hold hearings to examine the constitutionality and prudence of state and Joint Meetings local governments enforcing immigration law, 10 a.m., No joint committee meetings were held. SDG–50. f f COMMITTEE MEETINGS FOR TUESDAY, CONGRESSIONAL PROGRAM AHEAD APRIL 24, 2012 Week of April 24 through April 27, 2012 (Committee meetings are open unless otherwise indicated) Senate Senate Chamber Committee on Appropriations: Subcommittee on Energy On Tuesday, at approximately 10 a.m., Senate and Water Development, business meeting to markup will continue consideration of the motion to proceed proposed budget estimates for fiscal year 2013 for Energy to consideration of S. 1925, Violence Against and Water Development, 10:30 a.m., SD–192. Committee on Banking, Housing, and Urban Affairs: To Women Reauthorization Act. At 10:30 a.m., Senate hold hearings to examine the collapse of MF Global, fo- will continue consideration of the motion to proceed cusing on lessons learned and policy implications, 10 to consideration of S.J. Res. 36, National Labor Re- a.m., SD–538. lations Board. At 12:30 p.m., Senate will continue Committee on Commerce, Science, and Transportation: To consideration of the motion to proceed to consider- hold hearings to examine the emergence of online video, ation of S. 1925, Violence Against Women Reau- focusing if it is the future, 10 a.m., SR–253. thorization Act. At 2:15 p.m., Senate will vote on Committee on Environment and Public Works: Sub- the motion to proceed to consideration of S.J. Res. committee on Water and Wildlife, to hold hearings to examine S. 810, to prohibit the conducting of invasive re- 36, National Labor Relations Board. If the motion search on great apes, S. 1249, to amend the Pittman- to proceed to consideration of S.J. Res. 36 is de- Robertson Wildlife Restoration Act to facilitate the es- feated, there will be several votes on or in relation tablishment of additional or expanded public target to S. 1789, 21st Century Postal Service Act, fol- ranges in certain States, S. 2071, to grant the Secretary lowing the vote at 2:15 p.m. of the Interior permanent authority to authorize States to During the balance of the week, Senate may con- issue electronic duck stamps, S. 357, to authorize the Sec- sider any cleared legislative and executive business. retary of the Interior to identify and declare wildlife disease emergencies and to coordinate rapid response to those emergencies, S. 1494 to reauthorize and amend the

VerDate Mar 15 2010 04:39 Apr 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23AP2.REC D23APPT1 smartinez on DSK6TPTVN1PROD with DIGEST April 23, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D381 Senate Committees Committee on Commerce, Science, and Transportation: April 24, to hold hearings to examine the emergence of online (Committee meetings are open unless otherwise indicated) video, focusing if it is the future, 10 a.m., SR–253. Committee on Agriculture, Nutrition, and Forestry: April Committee on Energy and Natural Resources: April 26, 25, business meeting to consider the 2012 Farm Bill, 9 business meeting to consider Adam E. Sieminski, of a.m., SR–328A. Pennsylvania, to be Administrator of the Energy Informa- Committee on Appropriations: April 24, Subcommittee on tion Administration, Department of Energy, Marcilynn Energy and Water Development, business meeting to A. Burke, of North Carolina, to be an Assistant Secretary markup proposed budget estimates for fiscal year 2013 of the Interior, and Anthony T. Clark, of North Dakota, for Energy and Water Development, 10:30 a.m., SD–192. and John Robert Norris, of Iowa, both to be a Member April 25, Subcommittee on Department of Defense, to of the Federal Energy Regulatory Commission; to be im- hold closed hearings to examine proposed budget esti- mediately followed by a hearing to examine weather re- mates for fiscal year 2013 for national and military intel- lated electrical outages, 9:30 a.m., SD–366. ligence programs, 10:30 a.m., SVC–217. Committee on Environment and Public Works: April 24, April 25, Subcommittee on Financial Service and Gen- Subcommittee on Water and Wildlife, to hold hearings eral Government, to hold hearings to examine expanding to examine S. 810, to prohibit the conducting of invasive broadband access, promoting innovation, and protecting research on great apes, S. 1249, to amend the Pittman- consumers in a communications revolution, focusing on Robertson Wildlife Restoration Act to facilitate the es- fiscal year 2013 resource needs for the Federal Commu- tablishment of additional or expanded public target nications Commission, 2:30 p.m., SD–138. ranges in certain States, S. 2071, to grant the Secretary Committee on Armed Services: April 25, Subcommittee on of the Interior permanent authority to authorize States to Personnel, to resume hearings to examine the Active, issue electronic duck stamps, S. 357, to authorize the Sec- Guard, Reserve, and civilian personnel programs in re- retary of the Interior to identify and declare wildlife dis- view of the Defense Authorization request for fiscal year ease emergencies and to coordinate rapid response to 2013 and the Future Years Defense Program, 2 p.m., those emergencies, S. 1494, to reauthorize and amend the SD–106. National Fish and Wildlife Foundation Establishment April 25, Subcommittee on Readiness and Manage- Act, S. 1266, to direct the Secretary of the Interior to es- ment Support, to hold hearings to examine current readi- tablish a program to build on and help coordinate fund- ness of U.S. forces in review of the Defense Authorization ing for the restoration and protection efforts of the 4- request for fiscal year 2013 and the Future Years Defense State Delaware River Basin region, S. 2156, to amend the Program, 2:30 p.m., SR–232A. Migratory Bird Hunting and Conservation Stamp Act to April 25, Subcommittee on Strategic Forces, to hold permit the Secretary of the Interior, in consultation with hearings to examine ballistic missile defense policies and the Migratory Bird Conservation Commission, to set programs in review of the Defense Authorization Request prices for Federal Migratory Bird Hunting and Conserva- for fiscal year 2013 and the Future Years Defense Pro- tion Stamps and make limited waivers of stamp require- gram; with the possibility of a closed session in SVC–217 ments for certain users, S. 2282, to extend the authoriza- following the open session, 2:30 p.m., SR–222. tion of appropriations to carry out approved wetlands April 26, Full Committee, to hold hearings to examine conservation projects under the North American Wet- the nominations of Kathleen H. Hicks, of Virginia, to be lands Conservation Act through fiscal year 2017, 10:15 Principal Deputy Under Secretary for Policy, and Derek a.m., SD–406. H. Chollet, of Nebraska, to be Assistant Secretary for Committee on Finance: April 24, to hold hearings to ex- International Security Affairs, both of the Department of amine fraud, focusing on investigation and conviction, 10 Defense, 9:30 a.m., SD–G50. a.m., SD–215. April 26, Subcommittee on SeaPower, to hold hearings April 25, Full Committee, to hold hearings to examine to examine Marine Corps acquisition programs in review tax reform, focusing on what it means for state and local of the Defense Authorization request for fiscal year 2013 tax and fiscal policy, 10 a.m., SD–215. and the Future Years Defense Program, 10 a.m., SR–222. April 26, Full Committee, to hold hearings to examine Committee on Banking, Housing, and Urban Affairs: April tax filing season, focusing on improving the taxpayer ex- 24, to hold hearings to examine the collapse of MF Glob- perience, 10 a.m., SD–215. al, focusing on lessons learned and policy implications, 10 April 27, Full Committee, to hold hearings to examine a.m., SD–538. the nominations of Mark J. Mazur, of New Jersey, and April 25, Subcommittee on Housing, Transportation Matthew S. Rutherford, of Illinois, both to be an Assist- and Community Development, to hold hearings to exam- ant Secretary of the Treasury, and Meredith M. ine helping homeowners save money through refinancing, Broadbent, of Virginia, to be a Member of the United 10 a.m., SD–538. States International Trade Commission, 10 a.m., SD–215. April 26, Full Committee, to hold hearings to examine Committee on Foreign Relations: April 24, Subcommittee legislative proposals in the Department of Housing and on African Affairs, to hold hearings to examine United Urban Development’s fiscal year 2013 budget, 10 a.m., States policy to counter the Lord’s Resistance Army, 10 SD–538. a.m., SD–419.

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April 26, Full Committee, business meeting to con- to designate the facility of the United States Postal Serv- sider S. 2224, to require the President to report to Con- ice located at 10 Main Street in East Rockaway, New gress on issues related to Syria, H.R. 1016, to measure York, as the ‘‘John J. Cook Post Office’’; H.R. 2213, to the progress of relief, recovery, reconstruction, and devel- designate the facility of the United States Postal Service opment efforts in Haiti following the earthquake of Janu- located at 801 West Eastport Street in Iuka, Mississippi, ary 12, 2010, S. Res. 401, expressing appreciation for as the ‘‘Sergeant Jason W. Vaughn Post Office’’; H.R. Foreign Service and Civil Service professionals who rep- 2244, to designate the facility of the United States Postal resent the United States around the globe, an original Service located at 67 Castle Street in Geneva, New York, resolution calling for democratic change in Syria, the as the ‘‘Corporal Steven Blaine Riccione Post Office’’; nominations of Scott H. DeLisi, of Minnesota, to be Am- H.R. 2660, to designate the facility of the United States bassador to the Republic of Uganda, Michael A. Raynor, Postal Service located at 122 North Holderrieth Boule- of Maryland, to be Ambassador to the Republic of Benin, vard in Tomball, Texas, as the ‘‘Tomball Veterans Post and Makila James, of the District of Columbia, to be Office’’; H.R. 2767, to designate the facility of the Ambassador to the Kingdom of Swaziland, all of the De- United States Postal Service located at 8 West Silver partment of State, and lists in the Foreign Service, 9:30 Street in Westfield, Massachusetts, as the ‘‘William T. a.m., S–116, Capitol. Trant Post Office Building’’; H.R. 3004, to designate the April 26, Subcommittee on East Asian and Pacific Af- facility of the United States Postal Service located at 260 fairs, to hold hearings to examine United States policy on California Drive in Yountville, California, as the ‘‘Private Burma, 3 p.m., SD–419. First Class Alejandro R. Ruiz Post Office Building’’; Committee on Health, Education, Labor, and Pensions: April H.R. 3246, to designate the facility of the United States 25, business meeting to consider an original bill entitled Postal Service located at 15455 Manchester Road in ‘‘Food and Drug Administration Safety and Innovation Ballwin, Missouri, as the ‘‘Specialist Peter J. Navarro Post Act’’, and any pending nominations, 10 a.m., SD–106. Office Building’’; H.R. 3247, to designate the facility of Committee on Homeland Security and Governmental Affairs: the United States Postal Service located at 1100 Town April 25, business meeting to consider S. 2218, to reau- and Country Commons in Chesterfield, Missouri, as the thorize the United States Fire Administration, and for ‘‘Lance Corporal Matthew P. Pathenos Post Office Build- other purposes; S. 241, to expand whistleblower protec- ing’’; H.R. 3248, to designate the facility of the United tions to non-Federal employees whose disclosures involve States Postal Service located at 112 South 5th Street in misuse of Federal funds; S. 2061, to provide for an ex- Saint Charles, Missouri, as the ‘‘Lance Corporal Drew W. change of land between the Department of Homeland Se- Weaver Post Office Building’’, and the nominations of curity and the South Carolina State Ports Authority; S. Tony Hammond, of Missouri, to be a Commissioner of 1673, to establish the Office of Agriculture Inspection the Postal Regulatory Commission, Mark A. Robbins, of within the Department of Homeland Security, which California, to be a Member of the Merit Systems Protec- shall be headed by the Assistant Commissioner for Agri- tion Board, and Roy Wallace McLeese III, to be an Asso- culture Inspection, and for other purposes; S. 2170, to ciate Judge of the District of Columbia Court of Appeals, amend the provisions of title 5, United States Code, 9:30 a.m., SD–342. which are commonly referred to as the ‘‘Hatch Act’’ to April 26, Full Committee, to hold hearings to examine eliminate the provision preventing certain State and local biological security, focusing on the risk of dual-use re- employees from seeking elective office, clarify the applica- search, 10 a.m., SD–342. tion of certain provisions to the District of Columbia, and April 26, Subcommittee on Oversight of Government modify the penalties which may be imposed for certain Management, the Federal Workforce, and the District of violations under subchapter III of chapter 73 of that title; Columbia, to hold hearings to examine financial literacy, S. 1998, to obtain an unqualified audit opinion, and im- focusing on empowering Americans to prevent the next prove financial accountability and management at the De- financial crisis, 2:30 p.m., SD–342. partment of Homeland Security; H.R. 3902, to amend Committee on the Judiciary: April 24, Subcommittee on the District of Columbia Home Rule Act to revise the Immigration, Refugees and Border Security, to hold hear- timing of special elections for local office in the District ings to examine the constitutionality and prudence of of Columbia; H.R. 2668, to designate the station of the state and local governments enforcing immigration law, United States Border Patrol located at 2136 South Naco 10 a.m., SDG–50. Highway in Bisbee, Arizona, as the ‘‘Brian A. Terry Bor- April 25, Full Committee, to hold an oversight hearing der Patrol Station’’; S. Res. 419, expressing the sense of to examine the Department of Homeland Security, 9:30 the Senate that public servants should be commended for a.m., SD–226. their dedication and continued service to the United April 26, Full Committee, business meeting to con- States during Public Service Recognition week; H.R. 298, sider the nominations of Michael P. Shea, to be United to designate the facility of the United States Postal Serv- States District Judge for the District of Connecticut, ice located at 500 East Whitestone Boulevard in Cedar Gonzalo P. Curiel, to be United States District Judge for Park, Texas, as the ‘‘Army Specialist Matthew Troy Mor- the Southern District of California, and Robert J. Shelby, ris Post Office Building’’; H.R. 1423, to designate the fa- to be United States District Judge for the District of cility of the United States Postal Service located at 115 Utah, vice Tena Campbell, 10 a.m., SD–226. 4th Avenue Southwest in Ardmore, Oklahoma, as the Committee on Rules and Administration: April 25, to hold ‘‘Specialist Micheal E. Phillips Post Office’’; H.R. 2079, hearings to examine S. 219, to require Senate candidates

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to file designations, statements, and reports in electronic Committee on the Budget, April 25, Full Committee, form, 9:30 a.m., SR–301. hearing entitled ‘‘Replacing the Sequester’’, 10 a.m., 210 Committee on Veterans’ Affairs: April 25, to hold hear- Cannon. ings to examine Veterans’ Affairs mental health care, fo- Committee on Education and the Workforce, April 26, Full cusing on evaluating access and assessing care, 9:30 a.m., Committee, hearing entitled ‘‘Reviewing the President’s SD–138. Fiscal Year 2013 Budget Proposal for the U.S. Depart- House Committees ment of Health and Human Services’’, 10 a.m., 2175 Rayburn. Committee on Agriculture, April 25, Subcommittee on Committee on Energy and Commerce, April 24, Full Com- Rural Development, Research, Biotechnology, and For- mittee, markup of the ‘‘Gasoline Regulations Act of eign Agriculture, hearing entitled ‘‘Formulation of the 2012’’; and the ‘‘Strategic Energy Production Act of 2012 Farm Bill: Rural Development Programs’’, 2:30 2012’’; and proposed matters for inclusion in reconcili- p.m., 1300 Longworth. ation recommendations, 4 p.m., 2322 Rayburn. April 26, Subcommittee on Conservation, Energy, and Committee on Financial Services, April 25, Subcommittee Forestry, hearing entitled ‘‘Formulation of the 2012 Farm on Capital Markets and Government Sponsored Enter- Bill: Conservation Programs’’, 9:30 a.m., 1300 Long- prises, hearing entitled ‘‘Oversight of the U.S. Securities worth. and Exchange Commission’’, 10 a.m., 2128 Rayburn. April 26, Subcommittee on Livestock, Dairy, and Poul- try, hearing entitled ‘‘Formulation of the 2012 Farm Bill: Committee on Foreign Affairs, April 25, Full Committee, Dairy Programs’’, 2 p.m., 1300 Longworth. hearing entitled ‘‘LRA, Boko Haram, al-Shabaab, AQIM Committee on Appropriations, April 25, Full Committee, and Other Sources of Instability in Africa’’, 9:30 a.m., markup of Energy and Water Appropriations Bill FY 2172 Rayburn. 2013; and report on the suballocation of Budget Alloca- April 25, Subcommittee on the Middle East and South tions for FY 2013, 11 a.m., 2359 Rayburn. Asia, hearing entitled ‘‘Confronting Damascus: U.S. Pol- April 26, Full Committee, markup of Commerce, Jus- icy Toward the Evolving Situation in Syria, Part II’’, 1:30 tice, and Science Appropriations Bill FY 2013, 10 a.m., p.m., 2360 Rayburn. 2359 Rayburn. April 25, Subcommittee on Western Hemisphere, Committee on Armed Services, April 26, Subcommittee on hearing entitled ‘‘Western Hemisphere Budget Review Military Personnel, markup of H.R. 4310, to authorize 2013: What Are U.S. Priorities?’’, 2 p.m., 2172 Rayburn. appropriations for fiscal year 2013 for military activities April 25, Subcommittee on Asia and the Pacific, hear- of the Department of Defense, to prescribe military per- ing entitled ‘‘Oversight of U.S. Policy Toward Burma’’, sonnel strengths for fiscal year 2013, and for other pur- 2:30 p.m., 2200 Rayburn. poses, 10:30 a.m., 2112 Rayburn. April 26, Subcommittee on Africa, Global Health, and April 26, Subcommittee on Seapower and Projection Human Rights, hearing entitled ‘‘The North-South Sudan Forces, markup of H.R. 4310, to authorize appropriations Conflict’’, 2 p.m., 2200 Rayburn. for fiscal year 2013 for military activities of the Depart- April 26, Subcommittee on Europe and Eurasia, hear- ment of Defense, to prescribe military personnel strengths ing entitled ‘‘NATO: The Chicago Summit and U.S. Pol- for fiscal year 2013, and for other purposes, 12 p.m., icy’’, 2:30 p.m., 2172 Rayburn. 2118 Rayburn. Committee on Homeland Security, April 24, Subcommittee April 26, Subcommittee on Strategic Forces, markup of on Oversight, Investigations, and Management, hearing H.R. 4310, to authorize appropriations for fiscal year entitled ‘‘America is Under Cyber Attack: Why Urgent 2013 for military activities of the Department of Defense, Action is Needed’’, 2 p.m., 311 Cannon. to prescribe military personnel strengths for fiscal year April 26, Subcommittee on Counterterrorism and In- 2013, and for other purposes, 1:30 p.m., 2211 Rayburn. telligence; and Subcommittee on Cybersecurity, Infra- April 26, Subcommittee on Emerging Threats and Ca- structure, Protection, and Security Technologies, joint pabilities, markup of H.R. 4310, to authorize appropriations for fiscal year 2013 for military activities of the De- hearing entitled ‘‘Iranian Cyber Threat to the U.S. Home- partment of Defense, to prescribe military personnel land’’, 10 a.m., 311 Cannon. strengths for fiscal year 2013, and for other purposes, April 26, Subcommittee on Emergency Preparedness, 3:30 p.m., 2118 Rayburn. Responses, and Communications, hearing entitled ‘‘Effi- April 27, Subcommittee on Tactical Air and Land ciency, Effectiveness, and Transparency of Homeland Se- Forces, markup of H.R. 4310, to authorize appropriations curity Grants (Part II): Stakeholders Perspectives’’, 2 for fiscal year 2013 for military activities of the Depart- p.m., 311 Cannon. ment of Defense, to prescribe military personnel strengths Committee on the Judiciary, April 24, Subcommittee on for fiscal year 2013, and for other purposes, 9 a.m., 2118 the Constitution, hearing entitled ‘‘The Department of Rayburn. Justice’s Guidance on Access to Pools and Spas Under the April 27, Subcommittee on Readiness, markup of H.R. ADA’’, 4:30 p.m., 2141 Rayburn. 4310, to authorize appropriations for fiscal year 2013 for April 25, Subcommittee on Crime, Terrorism, and military activities of the Department of Defense, to pre- Homeland Security, hearing on H.R. 3361, the ‘‘Uti- scribe military personnel strengths for fiscal year 2013, lizing DNA Technology to Solve Cold Cases Act of and for other purposes, 10:30 a.m., 2212 Rayburn. 2011’’, 10 a.m., 2141 Rayburn.

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April 25, Subcommittee on Courts, Commercial and the ‘‘Soda Ash Royalty Extension, Job Creation, and Ex- Administrative Law, hearing on H.R. 4377, the ‘‘Respon- port Enhancement Act of 2011’’; and H.R. 2176, the sibly And Professionally Invigorating Development Act of ‘‘Clean Energy Promotion Act’’, 3 p.m., 1324 Longworth. 2012’’, 12 p.m., 2141 Rayburn. April 27, Subcommittee on National Parks, Forests and April 25, Full Committee, markup of Committee Print Public Lands, hearing on H.R. 4094, the ‘‘Preserving Ac- of Material to be Transmitted to the Committee on the cess to Cape Hatteras National Seashore Recreational Area Budget Pursuant to Section 201 of H. Con. Res. 112; Act’’; and legislation on ‘‘Access Denied: Turning Away and H.R. 365, the ‘‘National Blue Alert Act of 2011’’, Visitors to National Parks’’, 9 a.m., 1324 Longworth. 1:30 p.m., 2141 Rayburn. Committee on Oversight and Government Reform, April 25, April 26, Subcommittee on Intellectual Property, Subcommittee on Health Care, District of Columbia, Competition and the Internet, hearing entitled ‘‘Inter- Census and National Archives; and Subcommittee on national Patent Issues: Promoting a Level Playing Field Regulatory Affairs, Stimulus Oversight and Government for American Industry Abroad’’, 10 a.m., 2141 Rayburn. Spending, joint hearing entitled ‘‘Is Government Ade- April 26, Subcommittee on the Constitution, hearing quately Protecting Taxpayers from Medicaid Fraud?’’, entitled ‘‘Victims’ Rights Amendment’’, 2 p.m., 2141 9:30 a.m., 2154 Rayburn. Rayburn. April 26, Full Committee, business meeting, 9 a.m., April 27, Subcommittee on Immigration Policy and 2154 Rayburn. Enforcement, hearing entitled E-Verify: The Perspective of Employers Who Use It’’, 9:15 a.m., 2141 Rayburn. Committee on Rules, April 25, Full Committee, hearing Committee on Natural Resources, April 25, Full Com- on H.R. 3523, the ‘‘Cyber Intelligence Sharing and Pro- mittee, markup of the following measures: H.R. 460, the tection Act of 2011’’, 3 p.m., H–313 Capitol. ‘‘Bonneville Unit Clean Hydropower Facilitation Act’’; Committee on Science, Space, and Technology, April 25, H.R. 919, the ‘‘Mohave Valley Land Conveyance Act of Subcommittee on Investigations and Oversight; and Sub- 2011’’; H.R. 1237, to provide for a land exchange with committee on Healthcare and Technology, joint hearing the Trinity Public Utilities District of Trinity County, entitled ‘‘How the Report on Carcinogens Uses Science to California, involving the transfer of land to the Bureau of Meet its Statutory Obligations, and its Impact on Small Land Management and the Six Rivers National Forest in Business Jobs’’, 10 a.m., 2318 Rayburn. exchange for National Forest System land in the Shasta- April 26, Subcommittee on Space and Aeronautics, Trinity National Forest, and for other purposes; H.R. hearing entitled ‘‘An Overview of the NASA Aeronautics 1272, the ‘‘Minnesota Chippewa Tribe Judgment Fund Research Mission Directorate Budget for Fiscal Year Distribution Act of 2011’’; H.R. 1818, the ‘‘Mt. Andrea 2013’’, 10 a.m., 2318 Rayburn. Lawrence Designation Act of 2011’’; H.R. 2467, the Committee on Small Business, April 26, Subcommittee on ‘‘Bridgeport Indian Colony Land Trust, Health, and Eco- Agriculture, Energy and Trade, hearing entitled ‘‘Small nomic Development Act of 2011’’; H.R. 2489, the Business Innovators: On the Cutting Edge of Energy So- ‘‘American Battlefield Protection Program Amendments lutions’’, 10 a.m., 2360 Rayburn. Act of 2011’’; H.R. 2621, the ‘‘Chimney Rock National Committee on Transportation and Infrastructure, April 25, Monument Establishment Act’’; H.R. 3874, the ‘‘Black Subcommittee on Aviation, hearing entitled ‘‘A Review Hills Cemetery Act’’; H.R. 4027, to clarify authority of Aviation Safety in the United States’’, 9 a.m., 2167 granted under the Act entitled ‘‘An Act to define the ex- Rayburn. terior boundary of the Uintah and Ouray Indian Reserva- April 26, Subcommittee on Coast Guard and Maritime tion in the State of Utah, and for other purposes’’; H.R. Transportation, hearing entitled ‘‘Regulation of the Mari- 4222, to provide for the conveyance of certain land time Industry: Ensuring U.S. Job Growth While Improv- inholdings owned by the United States to the Tucson ing Environmental and Worker Safety’’, 9 a.m., 2167 Unified School District and to the Pascua Yaqui Tribe of Rayburn. Arizona, and for other purposes; S. 363, to authorize the Committee on Veterans’ Affairs, April 27, Full Com- Secretary of Commerce to convey property of the National Oceanic and Atmospheric Administration to the City of mittee, markup of pending legislation, 9:45 a.m., 334 Pascagoula, Mississippi, and for other purposes; and S. Cannon. 925, the ‘‘Mt. Andrea Lawrence Designation Act of Committee on Ways and Means, April 25, Subcommittee 2011’’, 10 a.m., 1324 Longworth. on Oversight, hearing entitled ‘‘Impact of Limitations on April 26, Full Committee, hearing entitled ‘‘Increased the Use of Tax-Advantaged Accounts for the Purchase of Electricity Costs for American Families and Small Busi- Over-the-Counter Medication’’, 2:30 p.m., 1100 Long- nesses: The Potential Impacts of the Chu Memorandum’’, worth. 10 a.m., 1324 Longworth. April 26, Subcommittee on Select Revenue Measures, April 26, Subcommittee on Energy and Mineral Re- hearing entitled ‘‘Expiring Tax Provisions’’, 10 a.m., sources, hearing on the following measures: H.R. 4381, 1100 Longworth. the ‘‘Planning for American Energy Act’’; H.R. 4382, the April 27, Subcommittee on Health, hearing entitled ‘‘Providing Leasing Certainty for American Energy Act’’; ‘‘Medicare Premium Support Proposals’’, 9 a.m., 1100 H.R. 4383, the ‘‘Streamlining Permitting of American Longworth. Energy Act’’; H.R. 4402, the ‘‘National Strategic and Critical Minerals Production Act of 2012’’; H.R. 1192,

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, April 24 12 p.m., Tuesday, April 24

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of the following ation of the motion to proceed to consideration of S. measures under suspension of the rules: (1) H.R. 1038— 1925, Violence Against Women Reauthorization Act. At To authorize the conveyance of two small parcels of land 10:30 a.m., Senate will continue consideration of the mo- within the boundaries of the Coconino National Forest tion to proceed to consideration of S.J. Res. 36, National containing private improvements that were developed Labor Relations Board. At 12:30 p.m., Senate will con- based upon the reliance of the landowners in an erroneous tinue consideration of the motion to proceed to consider- survey conducted in May 1960; (2) H.R. 2050—Idaho ation of S. 1925, Violence Against Women Reauthoriza- Wilderness Water Resources Protection Act; (3) H.R. tion Act. At 2:15 p.m., Senate will vote on the motion 2157—To facilitate a land exchange involving certain to proceed to consideration of S.J. Res. 36, National National Forest System lands in the Inyo National Forest, Labor Relations Board. If the motion to proceed to con- and for other purposes; (4) H.R. 2947—To provide for the release of the reversionary interest held by the United sideration of S.J. Res. 36 is defeated, there will be several States in certain land conveyed by the United States in votes on or in relation to S. 1789, 21st Century Postal 1950 for the establishment of an airport in Cook County, Service Act, following the vote at 2:15 p.m. Minnesota; (5) H.R. 491—To modify the boundaries of (Senate will recess from 12:50 p.m. until 2:15 p.m. for their Cibola National Forest in the State of New Mexico, to respective party conferences.) transfer certain Bureau of Land Management land for inclusion in the national forest, and for other purposes; and (6) H.R. 2240—Lowell National Historical Park Land Exchange Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E615 Norton, Eleanor Holmes, D.C., E613 Holt, Rush D., N.J., E611 Richardson, Laura, Calif., E607, E615 Cardoza, Dennis A., Calif., E607, E608 Jackson Lee, Sheila, Tex., E612 Speier, Jackie, Calif., E610, E611, E612, E613, E615, Connolly, Gerald E., Va., E609 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E607, E611, E612, E616 Cooper, Jim, Tenn., E610 E614, E614, E615, E616, E616, E617 Denham, Jeff, Calif., E607, E610, E614, E616 Miller, Jeff, Fla., E609

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