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

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, JULY 23, 2012 No. 110 House of Representatives The House met at noon and was zations to collect data to study what shared between ATF and Homeland Se- called to order by the Speaker pro tem- could be done to solve it, to minimize curity dealing with potential terror- pore (Mr. HARRIS). this carnage in the future. ists. f People would be justifiably outraged. The NRA argues that all we need is They expect government to protect for existing gun laws to be enforced, DESIGNATION OF SPEAKER PRO them and to help understand the na- while they systematically set about to TEMPORE ture of threats in the workplace, the dismantle what laws we have and then The SPEAKER pro tempore laid be- marketplace, or in our homes. At some defund even feeble government enforce- fore the House the following commu- level, we want to know about why cars ment efforts. nication from the Speaker: malfunction or if there are patterns of Anyone who looks at the background WASHINGTON, DC, disease, illness, injury, or mechanical of the recent so-called Fast and Furi- July 23, 2012. failure. ous controversy finds that, in part, the I hereby appoint the Honorable ANDY HAR- That is what our government is sup- Bureau of Alcohol, Tobacco, and Fire- RIS to act as Speaker pro tempore on this posed to do. If food safety, mine safety, arms is dysfunctional because it’s con- day. or TSA fails, there would be calls for stantly under assault by the NRA for JOHN A. BOEHNER, accountability. Sadly, that’s not what its most modest steps and most mini- Speaker of the House of Representatives. is happening as the Nation recoils in mal budgets. We cannot even study gun f anguish at another outbreak of gun vi- violence, patterns, causes, and poten- MORNING-HOUR DEBATE olence. The 70 killed or wounded are tial solutions. the latest in a pattern that happens re- While I didn’t know anybody in Au- The SPEAKER pro tempore. Pursu- peatedly, predictably, with overall loss rora, this most recent tragic, senseless ant to the order of the House of Janu- of life being in the tens of thousands rampage touches home for me. As I was ary 17, 2012, the Chair will now recog- over the years. growing up, a young man in a family nize Members from lists submitted by What is as appalling as the loss of life that I was close to was killed by an act the majority and minority leaders for is the fact that we not only refuse to do of random gun violence. morning-hour debate. anything about it, but we allow polit- As I’ve followed the issues over the The Chair will alternate recognition ical bullies to intimidate us from even years, I continue to feel that there’s no between the parties, with each party researching the facts. reason to permit armor-piercing, cop- limited to 1 hour and each Member Now, there’s never been a threat in killer bullets to be sold like Tic Tacs; other than the majority and minority this country that sportsmen will not be that automatic weapons should be leaders and the minority whip limited able to hunt or target shoot, that false available over the counter with hun- to 5 minutes each, but in no event shall specter raised by the gun lobby so suc- dred-bullet magazines like the killer in debate continue beyond 1:50 p.m. cessfully that today there’s virtually Colorado had that facilitate such f no gun protection. But that doesn’t sprees. These things have no useful stop the number one gun advocacy purpose in sports activities or target GUN CONTROL group, the National Rifle Association, shooting. The SPEAKER pro tempore. The from making things up, creating phony I find it appalling that we, as citi- Chair recognizes the gentleman from threats to gun ownership. zens, have enabled Congress to act in a Oregon (Mr. BLUMENAUER) for 5 min- They’re attacking the Obama admin- spineless fashion, to be taken over in utes. istration, which has done, essentially, the area of gun safety by the NRA; that Mr. BLUMENAUER. Imagine the nothing in this field since they know we refuse to deal with something that headline, ‘‘Outbreak of Serious Illness that Congress would reject even the has serious law enforcement implica- Strikes; 12 People Killed, 58 Hospital- most reasonable of proposals. It has tions so that we, alone, in the devel- ized,’’ just like similar outbreaks, but been impossible, for example, to even oped world are most at risk for random the Federal Government prohibits the close the gun show loophole, where gun violence. Any time there’s a mass Centers for Disease Control from inves- people can get unlimited amounts of killing spree, I hope against hope for a tigating. guns without a background check. more enlightened reaction. Or another headline, ‘‘70 Trapped in a The NRA is at work to make sure Perhaps the gun owners themselves, Collapsed Building, 20 Dead or Criti- that people on the ‘‘no fly list’’ because the majority of whom disagree with cally Injured,’’ and your government they are threats to national security the NRA’s extreme positions, will join makes it illegal for government organi- can purchase guns, that data cannot be with politicians, business, the health

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.

H5081

VerDate Mar 15 2010 02:17 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.000 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5082 CONGRESSIONAL RECORD — HOUSE July 23, 2012 community to come together to deal AFFORDABLE CARE ACT—FISCAL The presence of 45,000 Turkish troops with an epidemic of gun violence in the CALAMITY IN WAITING on the island, along with over 200,000 way we would treat any other threat to (Mr. BURGESS asked and was given Turkish colonialists, is an offense to the safety of our families and our com- permission to address the House for 1 human dignity. munities. We would study, we would minute and to revise and extend his re- Mr. Speaker, it is time for Turkey to work on solutions together, and we marks.) meet the expectations of the inter- would act. Mr. BURGESS. Mr. Speaker, almost national community by ending its dec- Sadly, we’re still waiting. a month after the Supreme Court has ades-long occupation of Cyprus. f issued its decision on the so-called Af- f fordable Care Act, we have all had time RECESS to think and dissect their opinion and NATION JOINS COLORADO IN The SPEAKER pro tempore. Pursu- start to predict how this landmark rul- MOURNING VICTIMS OF SENSE- ant to clause 12(a) of rule I, the Chair ing will affect each and every one of us. LESS VIOLENCE declares the House in recess until 2 I respect the role of the Court and (Mr. POLIS asked and was given per- p.m. today. the decision of the Justices, but I can’t mission to address the House for 1 Accordingly (at 12 o’clock and 6 min- help but tell you I was disappointed the minute and to revise and extend his re- utes p.m.), the House stood in recess. entire law was upheld. I do believe the marks.) Affordable Care Act is detrimental to Mr. POLIS. Mr. Speaker, my home f our Nation. Certainly it has been a wet State of Colorado had a tragedy over b 1400 blanket on our economy, and it is a the weekend, a mass murder that will real threat to the future of medicine in forever remain on the minds of all AFTER RECESS America. Since the passing of the law Coloradans and all Americans. The The recess having expired, the House over 2 years ago, we have seen the tragedy extends beyond those who were was called to order by the Speaker pro strain it has placed on our economy. killed and those who were injured to tempore (Mr. HARRIS) at 2 p.m. The pricetag continues to increase, our friends, our neighbors, everybody f sometimes staggeringly so. There are impacted by this senseless act of terror provisions which discourage small busi- in my home State. I would like to PRAYER nesses from hiring, not to mention the thank President Obama for joining the Reverend Andrew Walton, Capitol commensurate government regula- families impacted in mourning. I would Hill Presbyterian Church, Washington, tions. like to thank all of those in Colorado D.C., offered the following prayer: Today, the Congressional Health and across the country who have sent Creating God, we come together Care Caucus held a panel discussion on their thoughts, their care, their re- today in a simple prayer. May we be what was one of its many panel discus- sources to all of us in Colorado in a who we are created to be, reflections of sions on the current state of health time of need. Your image. May we live as we know care. Karen Ignagni, president and This also should serve as an occasion we should, as caretakers of creation. chief executive officer of America’s for all of us to acknowledge what is May we participate in the purpose of Health Insurance Plans, has said that special and important in our lives, to life, as companions to God and to one the health care law won’t work unless celebrate every day we have on this another. May we truly embrace the it is changed or delayed. I couldn’t planet, the health of our family, our equality of humanity as ‘‘self-evident’’ agree more. Dan Danner from the Na- own health and safety, and hope and and know that just beneath the surface tional Federation of Independent Busi- pray to God that the tragedy that im- of disagreement, conflict, discord, and nesses was also present, and he said pacted Colorado will not happen again even violence and death, there is a deep there has got to be a way to get price in Colorado or anywhere else. signals to people so they can partici- river of grace, love, and forgiveness f that truly binds us. May this stream of pate in the cost of their care. eternal presence be solace for any pain The structure of this law, through COMMUNICATION FROM THE in our lives; but, more importantly, in- the combination of new fees coupled CLERK OF THE HOUSE spiration and hope of reconciliation with weak penalties for those who The SPEAKER pro tempore laid be- and peace in personal relationships, in choose to not purchase will force the fore the House the following commu- our Nation, and throughout the world. young and healthy to shoulder the ma- nication from the Clerk of the House of May the deliberations and decisions jority of the financial burden of expan- Representatives: sion. Mr. Speaker, we must do away of this day and all days take place in OFFICE OF THE CLERK, with this thing. the spirit of common good, the spirit in HOUSE OF REPRESENTATIVES, which we are created. f Washington, DC, July 20, 2012. Amen. TURKISH OCCUPATION OF CYPRUS Hon. JOHN A. BOEHNER, The Speaker, House of Representatives, f IS OFFENSE TO HUMAN DIGNITY Washington, DC. (Mr. SARBANES asked and was given EAR R PEAKER THE JOURNAL D M . S : Pursuant to the per- permission to address the House for 1 mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore. The minute.) the Rules of the U.S. House of Representa- Chair has examined the Journal of the Mr. SARBANES. Mr. Speaker, I rise tives, I have the honor to transmit a sealed last day’s proceedings and announces today to mark the 38th year of Tur- envelope received from the White House on to the House his approval thereof. key’s invasion and occupation of the July 20, 2012, at 4:07 p.m., and said to contain Pursuant to clause 1, rule I, the Jour- a message from the President whereby he no- Republic of Cyprus. I do so only days tifies the Congress concerning the national nal stands approved. after Cyprus assumed the 6-month emergency with respect to Somalia. f presidency of the European Union, yet With best wishes, I am Turkey, an EU candidate country, re- Sincerely, PLEDGE OF ALLEGIANCE fuses to recognize the Cypriot presi- KAREN L. HAAS, The SPEAKER pro tempore. Will the dency and has acted to freeze its com- Clerk of the House. gentleman from Maryland (Mr. SAR- munications with the European Union. f Since 1974, Turkey has engaged in the BANES) come forward and lead the NATIONAL EMERGENCY WITH RE- House in the Pledge of Allegiance. systematic destruction of the island’s Hellenic, Christian, and Turkish Cyp- SPECT TO SOMALIA—MESSAGE Mr. SARBANES led the Pledge of Al- FROM THE PRESIDENT OF THE legiance as follows: riot heritage. This year, the U.S. Com- mission on International Religious UNITED STATES (H. DOC. NO. 112– I pledge allegiance to the Flag of the 126) United States of America, and to the Repub- Freedom placed Turkey on its watch lic for which it stands, one nation under God, list ‘‘as a country of particular con- The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. cern.’’ fore the House the following message

VerDate Mar 15 2010 01:05 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.004 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5083 from the President of the United access to, or distribution of, humani- declares the House in recess until ap- States; which was read and, together tarian assistance in Somalia; proximately 3:30 p.m. today. with the accompanying papers, referred have directly or indirectly supplied, Accordingly (at 2 o’clock and 13 min- to the Committee on Foreign Affairs sold or transferred to Somalia, or to utes p.m.), the House stood in recess. and ordered to be printed: have been the recipient in the territory f of Somalia of, arms or any related ma- To the Congress of the United States: b 1531 Pursuant to the International Emer- teriel, or any technical advice, train- gency Economic Powers Act (50 U.S.C. ing, or assistance, including financing AFTER RECESS 1701 et seq.) (IEEPA), I hereby report and financial assistance, related to The recess having expired, the House that I have issued an Executive Order military activities; was called to order by the Speaker pro (the ‘‘order’’) taking additional steps be responsible for or complicit in, or tempore (Mr. WOMACK) at 3 o’clock and with respect to the national emergency responsible for ordering, controlling, or 31 minutes p.m. otherwise directing, or to have partici- declared in Executive Order 13536 of f April 12, 2010 (E.O. 13536). pated in, the commission of acts of vio- In E.O. 13536, I found that that the lence targeting civilians in Somalia, ANNOUNCEMENT BY THE SPEAKER deterioration of the security situation including killing and maiming, sexual PRO TEMPORE and the persistence of violence in So- and gender-based violence, attacks on The SPEAKER pro tempore. Pursu- malia, and acts of piracy and armed schools and hospitals, taking hostages, ant to clause 8 of rule XX, the Chair robbery at sea off the coast of Somalia, and forced displacement; will postpone further proceedings which have repeatedly been the subject be a political or military leader re- today on motions to suspend the rules of United Nations Security Council res- cruiting or using children in armed on which a recorded vote or the yeas olutions, and violations of the arms conflict in Somalia; and nays are ordered, or on which the embargo imposed by the United Na- have engaged, directly or indirectly, vote incurs objection under clause 6 of tions Security Council in Resolution in the import or export of charcoal rule XX. 733 of January 23, 1992, and elaborated from Somalia on or after February 22, Record votes on postponed questions upon and amended by subsequent reso- 2012; will be taken later. lutions, constitute an unusual and ex- have materially assisted, sponsored, f traordinary threat to the national se- or provided financial, material, curity and foreign policy of the United logistical or technical support for, or PROVIDING FOR LAND EXCHANGE States. To address that threat, E.O. goods or services in support of, the ac- BETWEEN TRINITY PUBLIC UTIL- 13536 blocks the property and interests tivities described above or any person ITIES DISTRICT, BUREAU OF in property of persons listed in the whose property and interests in prop- LAND MANAGEMENT, AND THE Annex to E.O. 13536 or determined by erty are blocked pursuant to E.O. 13536; SIX RIVERS NATIONAL FOREST the Secretary of the Treasury, in con- or Mr. HASTINGS of Washington. Mr. sultation with the Secretary of State, be owned or controlled by, or to have Speaker, I move to suspend the rules to meet criteria specified in E.O. 13536. acted or purported to act for or on be- In view of United Nations Security and pass the bill (H.R. 1237) to provide half of, directly or indirectly, any per- for a land exchange with the Trinity Council Resolution 2036 of February 22, son whose property and interests in 2012, and Resolution 2002 of July 29, Public Utilities District of Trinity property are blocked pursuant to E.O. County, California, involving the 2011, I am issuing the order to take ad- 13536. ditional steps to deal with the national transfer of land to the Bureau of Land The designation criteria will be ap- Management and the Six Rivers Na- emergency declared in E.O. 13536 and to plied in accordance with applicable address exports of charcoal from Soma- tional Forest in exchange for National Federal law including, where appro- Forest System land in the Shasta-Trin- lia, which generate significant revenue priate, the First Amendment to the for al-Shabaab; the misappropriation of ity National Forest, and for other pur- United States Constitution. In view of Somali public assets; and certain acts poses, as amended. United Nations Security Council Reso- of violence committed against civilians The Clerk read the title of the bill. lution 2002 of July 29, 2011, persons who in Somalia, all of which contribute to The text of the bill is as follows: engage in non-local commerce via al- the deterioration of the security situa- H.R. 1237 Shabaab-controlled ports that con- tion and the persistence of violence in Be it enacted by the Senate and House of stitutes support for a person whose Somalia. Representatives of the United States of America The order prohibits the importation property and interests in property are in Congress assembled, into the United States, directly or indi- blocked pursuant to E.O. 13536 may be SECTION 1. LAND EXCHANGE, TRINITY PUBLIC rectly, of charcoal from Somalia. It subject to designation pursuant to E.O. UTILITIES DISTRICT, TRINITY COUN- also amends the designation criteria 13536, as amended by the order. TY, CALIFORNIA, THE BUREAU OF The order was effective at 2:00 p.m. LAND MANAGEMENT, AND THE FOR- specified in E.O. 13536. As amended by EST SERVICE. eastern daylight time on July 20, 2012. the order, E.O. 13536 provides for the (a) LAND EXCHANGE REQUIRED.—If the Trin- designation of persons determined by I have delegated to the Secretary of ity Public Utilities District of Trinity Coun- the Secretary of the Treasury, in con- the Treasury, in consultation with the ty, California (in this section referred to as sultation with the Secretary of State, Secretary of State, the authority to the ‘‘Utilities District’’) conveys to the Sec- to: take such actions, including the pro- retary of Agriculture all right, title, and in- Have engaged in acts that directly or mulgation of rules and regulations, and terest of the Utilities District in and to the parcel of land described in subsection (b)(1) indirectly threaten the peace, security, to employ all powers granted to the President by IEEPA as may be nec- and conveys to the Secretary of the Interior or stability of Somalia, including but all right, title, and interest of the Utilities not limited to: essary to carry out the purposes of the District in and to the parcel of land de- Acts that threaten the Djibouti order. All agencies of the United States scribed in subsection (b)(2), the Secretary of Agreement of August 18, 2008, or the Government are directed to take all Agriculture shall convey to the Utilities Dis- political process; appropriate measures within their au- trict, in exchange, all right, title, and inter- acts that threaten the Transitional thority to carry out the provisions of est of the United States in and to a parcel of Federal Institutions or future Somali the order. land in the Shasta-Trinity National Forest governing institutions, the African I am enclosing a copy of the Execu- in the State of California consisting of ap- Union Mission in Somalia (AMISOM), tive Order I have issued. proximately 100 acres near the Weaverville Airport in Trinity County. or other future international peace- BARACK OBAMA. (b) LAND TO BE ACQUIRED.— THE WHITE HOUSE, July 20, 2012. keeping operations related to Somalia; (1) FOREST SERVICE ACQUISITION.—The land or f to be acquired by the Secretary of Agri- acts to misappropriate Somali public RECESS culture under subsection (a) consists of ap- assets; proximately 150 acres, known as the Van have obstructed the delivery of hu- The SPEAKER pro tempore. Pursu- Duzen parcel, within the boundaries of the manitarian assistance to Somalia, or ant to clause 12(a) of rule I, the Chair Six Rivers National Forest.

VerDate Mar 15 2010 02:17 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.007 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5084 CONGRESSIONAL RECORD — HOUSE July 23, 2012 (2) BLM ACQUISITION.—The land to be ac- GENERAL LEAVE exchange bill I introduced to provide quired by the Secretary of the Interior under Mr. HASTINGS of Washington. Mr. for greater economic opportunities in subsection (a) consists of approximately 47 Speaker, I ask unanimous consent that Trinity County, located in the north- acres, known as the Sky Ranch parcel, adja- all Members may have 5 legislative ern California congressional district I cent to public land administered by the Red- ding Field Office of the Bureau of Land Man- days to revise and extend their re- represent. With a 19 percent unemploy- agement. marks and include extraneous material ment rate, this rural community faces (c) AVAILABILITY OF MAPS AND LEGAL DE- on the bill under consideration. significant economic challenges. SCRIPTIONS.—Any map prepared by the Sec- The SPEAKER pro tempore. Is there The Trinity County Public Utilities retary of Agriculture or the Secretary of the objection to the request of the gen- District owns property surrounded by Interior in connection with the land ex- tleman from Washington? land administered by the Bureau of change required by subsection (a), and the There was no objection. Land Management and the Forest legal description of the lands to be ex- Mr. HASTINGS of Washington. I Service. The TPUD seeks to economi- changed, shall be on file and available for yield myself such time as I may con- cally improve one parcel near the public inspection in the Office of the Chief of sume. Weaverville Airport, but it currently the Forest Service and the appropriate office Mr. Speaker, H.R. 1237, authored by cannot do so because it is landlocked of the Bureau of Land Management. With the agreement of the parties to a conveyance our friend from California (Mr. HER- by the Forest Service. under subsection (a), the Secretary con- GER), authorizes a land exchange be- This legislation would transfer 47 cerned may make technical corrections to tween the Trinity County Public Utili- acres of the district’s property near the the map and legal descriptions. ties District, the Forest Service, and Trinity River, known as Sky Ranch, to (d) LAND EXCHANGE PROCESS.—Section 206 the Bureau of Land Management in the Bureau of Land Management and of the Federal Land Policy and Management northern California. 150 acres within Six Rivers National Act of 1976 (43 U.S.C. 1716) shall apply to the The utilities district currently owns Forest, known as Van Duzen, to the land conveyances under this section, except a parcel of land within the city of Forest Service. The district would re- that— Weaverville that is cut off by the sur- ceive a parcel of equal value from the (1) if the value of the land described in Shasta-Trinity National Forest that paragraphs (1) and (2) of subsection (b) is less rounding Federal land. The utilities district would like to acquire approxi- surrounds their site at the airport. than the value of the land to be conveyed to This land exchange would benefit the the Utilities District, any cash equalization mately 100 acres of the national forest payments received by the Secretaries shall to consolidate its holdings and guar- Federal Government as well by consoli- be deposited in the General Treasury; and antee access for future use of the prop- dating BLM and Forest Service hold- (2) if the value of the land described in erty near the Weaverville Airport. In ings and increasing the efficiency of paragraphs (1) and (2) of subsection (b) is exchange for this parcel, the utilities managing the land. This would allow greater than the value of the land to be con- district will convey about 150 acres it the TPUD to develop the property and veyed to the Utilities District, no cash enhance economic opportunities for equalization payment may be made to the currently owns to the Six Rivers Na- tional Forest and approximately 50 the community. Utilities District and the acreage of the land Trinity County faces significant acres to the Bureau of Land Manage- involved in the exchange may be adjusted to challenges attracting businesses be- ment. equalize the value of the exchange. cause the Federal Government cur- Passage of this legislation will allow (e) SURVEY AND ADMINISTRATIVE COSTS.— rently owns 75 percent of the available The exact acreage and legal description of additional opportunity for economic land—over 1.5 million acres—limiting the land to be exchanged under subsection development in remote Trinity County, the availability of land for commercial (a) shall be determined by a survey satisfac- California, while allowing the Forest tory to the Secretary concerned. The Utili- use. Service to consolidate its land base and The county also faces significant eco- ties District shall be responsible for the the Bureau of Land Management to ac- costs of the survey and reasonable adminis- nomic challenges because government trative costs related to the land exchange. quire a prime recreational site. mismanagement and lawsuits from The suspension text makes a minor (f) MANAGEMENT OF ACQUIRED LAND.— fringe groups have shut down respon- (1) FOREST SERVICE ACQUISITION.—The land amendment to the bill to conform to sible stewardship and management of acquired by the Secretary of Agriculture House rules by specifying that any the county’s vast timber resources. under subsection (a) shall be added to and cash equalization payments for the This decline in management has been administered as part of the Six Rivers Na- parcels that may be paid to the Sec- devastating to the timber industry and tional Forest and managed in accordance retary must be deposited in the general with the Act of March 1, 1911 (commonly has had a multiplier effect on the coun- fund of the Treasury. It also requires ty’s economy, with severe impacts on known as the Weeks Act; 16 U.S.C. 480 et that no cash equalization payment seq.), and the laws and regulations applicable schools, infrastructure, and small re- to the National Forest System. may be paid to the utilities district. tail businesses. (2) BLM ACQUISITION.—The land acquired With that, Mr. Speaker, I reserve the In closing, I strongly believe that by the Secretary of the Interior under sub- balance of my time. these resources belong to the people, section (a) shall be administered as public Mr. SABLAN. Mr. Speaker, I yield and local needs should drive their man- land by the Redding Field Office of the Bu- myself such time as I may consume. agement. Sensible land exchanges like reau of Land Management in accordance (Mr. SABLAN asked and was given the one this legislation would imple- with the Federal Land Policy and Manage- permission to revise and extend his re- ment Act of 1976 (43 U.S.C. 1701 et seq.) and ment would have the twofold benefit of marks.) making Federal land management the laws and regulations applicable to public Mr. SABLAN. Mr. Speaker, H.R. 1237 land administered by the Bureau of Land more efficient while providing local Management. provides for the exchange of land be- communities with greater access to tween the Trinity Public Utilities Dis- (g) COMPLETION OF LAND EXCHANGE.—The their natural resources. Secretary of Agriculture shall complete the trict in California, the United States I want to thank Chairman HASTINGS conveyance of National Forest System land Forest Service, and the Bureau of Land and Ranking Member GRIJALVA for required by subsection (a) not later than one Management. We do not object to this their efforts on behalf of this common- year after the date on which the Utilities legislation, and I reserve the balance of sense bill, and I urge my colleagues to District offers to make the conveyances to my time. vote for it. the Secretary of Agriculture and the Sec- Mr. HASTINGS of Washington. Mr. Mr. SABLAN. Mr. Speaker, may I in- retary of the Interior described in such sub- Speaker, I am very pleased to yield 5 section. quire if Chairman HASTINGS has any minutes to the author of this legisla- additional speakers at this time? The SPEAKER pro tempore. Pursu- tion and somebody that this body will Mr. HASTINGS of Washington. Mr. ant to the rule, the gentleman from miss, as he is retiring at the end of this Speaker, I have no more requests for Washington (Mr. HASTINGS) and the session, the gentleman from California time. If the gentleman is prepared to gentleman from the Northern Mariana (Mr. HERGER). close, I’ll close. Islands (Mr. SABLAN) each will control Mr. HERGER. I thank my good Mr. SABLAN. Mr. Speaker, again, 20 minutes. friend. like I said, we have no objection to this The Chair recognizes the gentleman Mr. Speaker, I rise to urge support legislation, and I yield back the bal- from Washington. for H.R. 1237, a noncontroversial land ance of my time.

VerDate Mar 15 2010 01:05 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.004 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5085 Mr. HASTINGS of Washington. Mr. (2) allow that same reasonable public access to minutes to the gentleman from Utah Speaker, this is a good piece of legisla- the portion of the Y Mountain Trail and the (Mr. CHAFFETZ), the author of this leg- tion, and I congratulate the gentleman ‘‘Y’’ symbol located on the land described in islation. for his introduction and getting this subsection (a). Mr. CHAFFETZ. Mr. Speaker, I am (d) SURVEY AND ADMINISTRATIVE COSTS.—The far. exact acreage and legal description of the land proud to introduce this piece of legisla- With that, I urge adoption and yield to be conveyed under subsection (a) shall be de- tion. It’s common sense. I think it’s back the balance of my time. termined by a survey satisfactory to the Sec- something that should be widely ac- The SPEAKER pro tempore. The retary. Brigham Young University shall pay the cepted. question is on the motion offered by reasonable costs of survey, appraisal, and any I also appreciate the bipartisan na- the gentleman from Washington (Mr. administrative analyses required by law. ture in which we introduce this bill. HASTINGS) that the House suspend the The SPEAKER pro tempore. Pursu- Mr. FALEOMAVAEGA was important to rules and pass the bill, H.R. 1237, as ant to the rule, the gentleman from this, Mr. FLAKE and Mr. MCKEON, and I amended. Washington (Mr. HASTINGS) and the appreciate the bipartisan nature in The question was taken; and (two- gentleman from the Northern Mariana which we introduced this bill. thirds being in the affirmative) the Islands (Mr. SABLAN) each will control As you go into Utah County, up on rules were suspended and the bill, as 20 minutes. the eastern side of the valley there, amended, was passed. The Chair recognizes the gentleman there’s this big Y representing A motion to reconsider was laid on from Washington. Brigham Young University. It’s a the table. GENERAL LEAVE mainstay in our community and some- Mr. HASTINGS of Washington. Mr. thing that we’re all proud of. It’s also f Speaker, I ask unanimous consent that something that is easily accessible to Y MOUNTAIN ACCESS all Members may have 5 legislative hikers. Year-round, people will hike up ENHANCEMENT ACT days to revise and extend their re- this trail as they pass up and go up to Mr. HASTINGS of Washington. Mr. marks and include extraneous material enjoy a day up on the side of the moun- Speaker, I move to suspend the rules on the bill under consideration. tain. The SPEAKER pro tempore. Is there and pass the bill (H.R. 4484) to provide And really, in an effort to make sure objection to the request of the gen- for the conveyance of a small parcel of that this is properly maintained, tleman from Washington? National Forest System land in the there’s continuity of maintenance. There was no objection. Uinta-Wasatch-Cache National Forest This really does make sense. It’s inter- Mr. HASTINGS of Washington. I esting, because that portion, that 80 in Utah to Brigham Young University, yield myself such time as I may con- and for other purposes, as amended. acres that we talk about today was sume. once owned by Brigham Young Univer- The Clerk read the title of the bill. Mr. Speaker, this bill is authored by The text of the bill is as follows: sity, and that was then transferred into our colleague from Utah (Mr. a trust and, over the course of time, H.R. 4484 CHAFFETZ). H.R. 4484 authorizes the many decades ago it was actually Be it enacted by the Senate and House of Forest Service to convey 80 acres, transferred to the Forest Service. And Representatives of the United States of America known as Y Mountain, to Brigham in Congress assembled, so, now, to actually sell it back, have Young University. that money deposited back into the SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Y Mountain Ac- b 1540 Treasury to help reduce our deficit, cess Enhancement Act’’. Y Mountain is the location of the re- Brigham Young University paying fair SEC. 2. LAND CONVEYANCE, UINTA-WASATCH- nowned white block ‘‘Y’’ in Provo, market value for that, makes sense in CACHE NATIONAL FOREST, UTAH. overlooking the Utah Valley and the terms of keeping the continuity in (a) CONVEYANCE REQUIRED.—On the request BYU campus. The Y was constructed in place, making sure that the trail is of Brigham Young University submitted to the 1906 and has been a celebrated part of well-maintained, that it’s clean. It’s Secretary of Agriculture not later than one year the Utah landscape ever since. something that people in Utah and after the date of the enactment of this Act, the other people coming to our State like Secretary shall convey, not later than one year Currently, BYU owns and maintains the trailhead and much of the trail to enjoy on a regular basis. after receiving the request, to Brigham Young So the bill would restore ownership University all right, title, and interest of the leading up to the 380-foot tall by 130- United States in and to an approximately 80- foot wide landmark. The remaining to Brigham Young University, provide acre parcel of National Forest System land in property is owned by the Forest Serv- long-term certainty by removing any the Uinta-Wasatch-Cache National Forest in ice but it is used by the university questions about who owns the land and the State of Utah consisting of the SE1⁄4SE1⁄4 of under a permit which has typically who is responsible for maintaining the Section 32, T. 6 S., R. 3 E., and Lot 4 of Section been renewed every 10 years. trail, and I look forward to the passage 5, T. 7 S., R. 3 E., Salt Lake Base & Meridian. With this legislation, the university of this. The conveyance shall be subject to valid existing will guarantee its ability to maintain It’s important to our community, rights and shall be made by quitclaim deed. and I think a good win-win for the Fed- (b) CONSIDERATION.— the Y and surrounding grounds without eral Government as well as the resi- (1) CONSIDERATION REQUIRED.—As consider- the risk of losing the right through the ation for the land conveyed under subsection permitting process. dents there, particularly in Utah Coun- (a), Brigham Young University shall pay to the Finally, the legislation requires that ty. Secretary an amount equal to the fair market BYU pay fair market value and con- Mr. SABLAN. Mr. Speaker, I yield value of the land, as determined by an appraisal tinue to allow public access to the Y as the gentleman from American Samoa approved by the Secretary and conducted in it has done for decades. (Mr. FALEOMAVAEGA) as much time as conformity with the Uniform Appraisal Stand- With that, I reserve the balance of he may consume. ards for Federal Land Acquisitions and section my time. (Mr. FALEOMAVAEGA asked and 206 of the Federal Land Policy and Manage- was given permission to revise and ex- ment Act of 1976 (43 U.S.C. 1716). Mr. SABLAN. Mr. Speaker, I yield (2) DEPOSIT.—The consideration received by myself as much time as I may contend his remarks.) the Secretary under paragraph (1) shall be de- sume. Mr. FALEOMAVAEGA. Mr. Speaker, posited in the general fund of the Treasury to (Mr. SABLAN asked and was given I want to thank the distinguished reduce the Federal deficit. permission to revise and extend his re- chairman of our committee, DOC HAS- (c) GUARANTEED PUBLIC ACCESS TO Y MOUN- marks.) TINGS, and our ranking member, Mr. TAIN TRAIL.—After the conveyance under sub- Mr. SABLAN. Mr. Speaker, H.R. 4484 MARKEY, for their leadership in support section (a), Brigham Young University rep- provides for the conveyance of approxi- of this proposed legislation. resents that it will— mately 80 acres of Forest Service lands I especially want to thank my good (1) continue to allow the same reasonable pub- friend and colleague, the chief sponsor lic access to the trailhead and portion of the Y to Brigham Young University. We do Mountain Trail already owned by Brigham not object to this legislation. of this legislation, the gentleman from Young University as of the date of the enact- I reserve the balance of my time. Utah (Mr. CHAFFETZ). ment of this Act that Brigham Young University Mr. HASTINGS of Washington. Mr. I rise today, Mr. Speaker, in support has historically allowed; and Speaker, I am very pleased to yield 3 of H.R. 4484, the Y Mountain Access

VerDate Mar 15 2010 01:11 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.010 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5086 CONGRESSIONAL RECORD — HOUSE July 23, 2012 Enhancement Act, which would direct Mr. HASTINGS of Washington. Mr. L. Buckley for his many contributions the U.S. Department of Agriculture to Speaker, this is again, a good piece of to America and to the State of New sell 80 acres of U.S. Forest Service land legislation. I urge its adoption. York. The bill recognizes, in par- of an area known for years by the resi- I yield back the balance of my time. ticular, his role in establishing the Ja- dents of Provo, Utah, as the ‘‘Y Moun- The SPEAKER pro tempore. The maica Bay Wildlife Refuge and the tain’’ to Brigham Young University. question is on the motion offered by Gateway National Recreation Area. Y Mountain, which is located di- the gentleman from Washington (Mr. Senator Buckley was the sponsor of the rectly east of the BYU campus, in- HASTINGS) that the House suspend the legislation that created the park and, cludes a trail that leads 1.2 miles from rules and pass the bill, H.R. 4484, as obviously, participated in the floor de- the mountain’s base up to a large white amended. bate in the Senate. concrete Y on the mountain’s hillside The question was taken; and (two- Even before his historic election to that was built over 100 years ago. The thirds being in the affirmative) the the Senate as the candidate of the New Y, which is 380 feet high by 130 feet rules were suspended and the bill, as York Conservative Party, Senator wide, is even larger than Los Angeles’ amended, was passed. Buckley spoke out in favor of pro- famous Hollywood sign and serves as A motion to reconsider was laid on tecting this natural area in the shadow an insignia for Brigham Young Univer- the table. of New York City and from its use as sity. f an airport extension. Mr. Speaker, I am a proud alumnus Senator Buckley is one of the few RENAMING THE JAMAICA BAY of Brigham Young University. The Y Americans to have served in the top WILDLIFE REFUGE VISITOR CON- has always been a symbol of pride for levels of all three branches of the U.S. TACT STATION IN HONOR OF us, the alumni, the faculty, the student Government. In addition to his election JAMES L. BUCKLEY body, and the Provo community. It re- to the Senate seat once held by Robert minds us of what BYU students and Mr. HASTINGS of Washington. Mr. Kennedy, Buckley served as Under Sec- alumni strive for and continue to advo- Speaker, I move to suspend the rules retary of State, President of Radio cate for future generations: ‘‘Enter to and pass the bill (H.R. 5958) to name Free Europe and Radio Liberty, and learn, and go forth to serve.’’ the Jamaica Bay Wildlife Refuge Vis- judge of the U.S. Court of Appeals for The Y is illuminated five times a itor Contact Station of the Jamaica the D.C. Circuit, generally held to be year, including at freshman orienta- Bay Wildlife Refuge unit of Gateway the second-highest court in our judicial tion, homecoming, graduations in April National Recreation Area in honor of system. and August, as well as Y Days, which James L. Buckley. celebrate BYU’s week of service activi- The Clerk read the title of the bill. b 1550 ties, dating back to the school’s tradi- The text of the bill is as follows: Naming the visitors’ center and the tion of whitewashing the Y. It is a na- H.R. 5958 wildlife refuge after Senator Buckley is tionally recognized symbol of BYU Be it enacted by the Senate and House of a particularly fitting tribute, and he is sports, especially its football tradition. Representatives of the United States of America a lifelong naturalist and birder. This is BYU’s athletic program is essentially in Congress assembled, good legislation. important for all Pacific Islanders who SECTION 1. NAMING OF JAMAICA BAY WILDLIFE I reserve the balance of my time. have been given the opportunity, REFUGE VISITOR CONTACT STA- Mr. SABLAN. Mr. Speaker, I yield through athletic scholarships, to fur- TION, JAMAICA BAY WILDLIFE REF- myself such time as I may consume. ther their education here in the United UGE UNIT, GATEWAY NATIONAL RECREATION AREA. (Mr. SABLAN asked and was given States. permission to revise and extend his re- Mr. Speaker, BYU once owned the en- (a) NAMING.—The Jamaica Bay Wildlife Refuge Visitor Contact Station of the Ja- marks.) tire area surrounding the Y and the Y maica Bay Wildlife Refuge unit of Gateway Mr. SABLAN. H.R. 5958 renames the Mountain Trail, and the university National Recreation Area in the State of Jamaica Bay Wildlife Refuge Visitor also currently manages the U.S. Forest New York shall be known and designated as Contact Station to the James L. Buck- Service portion of the trail. the ‘‘James L. Buckley Visitor Contact Sta- ley Visitor Contact Station. We do not H.R. 4484, however, proposes that the tion’’. object to this legislation. Federal Government sell the Y Moun- (b) REFERENCES.—Any reference in any tain at fair market value to BYU, and statute, rule, regulation, Executive order, I reserve the balance of my time. mandates that proceeds of the sale be publication, map, paper, or other document Mr. HASTINGS of Washington. Mr. used to reduce the Federal budget def- of the United States to the facility referred Speaker, I am very pleased to yield 4 icit. The bill also guarantees that pub- to in subsection (a) shall be deemed to be a minutes to the author of this legisla- reference to the James L. Buckley Visitor tion, the gentleman from New York lic access to the Y and the Y Mountain Contact Station. Trail be maintained following the sale. (Mr. TURNER). It is my strong belief, Mr. Speaker, The SPEAKER pro tempore. Pursu- Mr. TURNER of New York. Mr. that permitting BYU to purchase this ant to the rule, the gentleman from Speaker, I rise in strong support of property would result in better mainte- Washington (Mr. HASTINGS) and the H.R. 5958, which recognizes Senator nance of the trail and mountain. Given gentleman from the Northern Mariana James L. Buckley for his service to our the immense source of pride in the Y Islands (Mr. SABLAN) each will control country and for his efforts to create Mountain, BYU ownership of the prop- 20 minutes. the Gateway National Recreation Cen- erty would only result in improved The Chair recognizes the gentleman ter in New York and New Jersey by re- maintenance, cleanliness, safety, and from Washington. naming the visitors’ center in Jamaica access for the public. Transfer of own- GENERAL LEAVE Bay Wildlife Refuge of the Gateway ership would also allow the university Mr. HASTINGS of Washington. Mr. National Recreation Area in his honor. to preserve a significant monument for Speaker, I ask unanimous consent that Senator James L. Buckley has been a future generations of students and all Members may have 5 legislative true public servant, who served at the members of the community. days to revise and extend their re- highest levels of all three branches of Mr. Speaker, again, I thank my col- marks and add extraneous material to government as well as in the United leagues and especially the gentleman the bill under consideration. States Navy during World War II. from Utah, as the chief sponsor of this The SPEAKER pro tempore. Is there Along with his fellow New York Sen- legislation. I urge my colleagues to objection to the request of the gen- ator, Jacob Javits, Senator Buckley support this bill. tleman from Washington? had the vision to create a national Mr. HASTINGS of Washington. Mr. There was no objection. wildlife refuge center in an urban area, Speaker, I’d advise my friend from the Mr. HASTINGS of Washington. I accessible to millions of people in New Northern Mariana Islands that I have yield myself as much time as I may York City as well as to millions of no more requests for time, and I’m pre- consume. other residents in the metropolitan pared to close if he is. Mr. Speaker, H.R. 5958 was intro- area. Mr. SABLAN. Mr. Speaker, I yield duced by our colleague from New York In 1970, during his first days in the back the balance of my time. (Mr. TURNER) to honor Senator James Senate, Buckley joined Senator Javits

VerDate Mar 15 2010 01:11 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.036 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5087 in introducing legislation to create Rivers System, and for other purposes, The SPEAKER pro tempore. Pursu- Gateway, a more than 26,000-acre area as amended. ant to the rule, the gentleman from spanning three boroughs and stretch- The Clerk read the title of the bill. Washington (Mr. HASTINGS) and the ing all the way to Sandy Hook, New The text of the bill is as follows: gentleman from the Northern Mariana Jersey. This year, as it celebrates its H.R. 3388 Islands (Mr. SABLAN) each will control 40th anniversary, Gateway welcomes Be it enacted by the Senate and House of Rep- 20 minutes. more than 8 million visitors annually. resentatives of the United States of America in The Chair recognizes the gentleman From the historic aircraft at hangar Congress assembled, from Washington. B in Floyd Bennett Field to America’s SECTION 1. SHORT TITLE. GENERAL LEAVE oldest lighthouse that was established This Act may be cited as the ‘‘Wood- Mr. HASTINGS of Washington. Mr. in 1767 in Sandy Hook, New Jersey, Pawcatuck Watershed Protection Act’’. Speaker, I ask unanimous consent that Gateway offers a unique piece of his- SEC. 2. BEAVER, CHIPUXET, QUEEN, WOOD, AND all Members may have 5 legislative tory for its visitors. Gateway National PAWCATUCK RIVERSSTUDY. days to revise and extend their re- Park has also provided ornithologists— (a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. marks and to add extraneous material birders and birdwatchers—like Senator 1276(a)) is amended by adding at the end the on the bill under consideration. Buckley and myself, a glimpse of the following: The SPEAKER pro tempore. Is there more than 325 species of birds that stop ‘‘(ll) BEAVER, CHIPUXET, QUEEN, WOOD, AND objection to the request of the gen- over as part of the Atlantic Flyway, PAWCATUCK RIVERS, RHODE ISLAND AND CON- tleman from Washington? which stretches from the north of Can- NECTICUT.—The approximately 10-mile segment There was no objection. ada to the Caribbean. of the Beaver River from its headwaters in Exe- Mr. HASTINGS of Washington. Mr. Senator Buckley’s environmental inter, Rhode Island, to its confluence with the Speaker, I yield myself such time as I terests were not limited to New York. Pawcatuck River; the approximately 5-mile seg- may consume. He cosponsored the 1972 Clean Water ment of the Chipuxet River from Hundred Acre Pond to its outlet into Worden Pond; the ap- H.R. 3388, authored by our colleague Act, which is the seminal law gov- proximately 10-mile segment of the upper Queen from Rhode Island (Mr. LANGEVIN), erning water pollution and contamina- River from its headwaters to the Usquepaugh would authorize the study of 86 miles tion. He also cosponsored the Grand Dam in South Kingstown, Rhode Island, and in- of rivers in the States of Connecticut Canyon National Park Enlargement cluding all its tributaries; the approximately 5- and Rhode Island for a potential addi- Act, which protected the majesty of mile segment of the lower Queen (Usquepaugh) tion to the National Wild and Scenic one of our Nation’s greatest national River from the Usquepaugh Dam to its con- Rivers System. habitats. fluence with the Pawcatuck River; the approxi- The Natural Resources Committee Senator Buckley was also prescient mately 11-mile segment of the upper Wood River amended the legislation to specifically from its headwaters to Skunk Hill Road in Rich- and eloquent by pointing out how tech- mond and Hopkinton, Rhode Island, and in- require that the study consider any po- nology and the environment can evolve cluding all its tributaries; the approximately 10- tential limitations on existing uses and together. He stressed that we can con- mile segment of the lower Wood River from any impacts to private property that centrate on developing environmental Skunk Hill Road to its confluence with the could occur with an eventual designa- programs at achievable rates and costs. Pawcatuck River; the approximately 28-mile seg- tion. These are important protections He said, ‘‘We must learn how modern ment of the Pawcatuck River from Worden Pond and are necessary for this study bill to technology can coexist with the nat- to Nooseneck Hill Road (RI Rte 3) in Hopkinton move forward. With that, it is a good ural world.’’ and Westerly, Rhode Island; and the approxi- piece of legislation. mately 7-mile segment of the lower Pawcatuck So I hope you will join me in hon- River from Nooseneck Hill Road to Pawcatuck I reserve the balance of my time. oring someone who has served to pro- Rock, Stonington, Connecticut, and Westerly, Mr. SABLAN. Mr. Speaker, I yield tect his State, his country, and the en- Rhode Island.’’. myself such time as I may consume. vironment. Passing H.R. 5958 would be (b) STUDY AND REPORT.—Section 5(b) of the (Mr. SABLAN asked and was given a fitting tribute to a man who spent Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is permission to revise and extend his re- most of his life sharing his intellect amended by adding at the end the following: marks.) and talent in the service of others. ‘‘(ll) BEAVER, CHIPUXET, QUEEN, WOOD, AND Mr. SABLAN. This legislation au- Mr. SABLAN. Mr. Speaker, I have no PAWCATUCK RIVERS, RHODE ISLAND AND CON- thorizes the National Park Service to NECTICUT.—Not later than 3 years after the date study roughly 86 miles of rivers in Con- further requests for time. If the gen- on which funds are made available to carry out tleman has no further speakers, I yield this paragraph, the Secretary of the Interior necticut and Rhode Island for possible back the balance of my time. shall— designation as Wild and Scenic Rivers. Mr. HASTINGS of Washington. This ‘‘(A) complete the study of the Beaver, The Wild and Scenic Rivers program is a good piece of legislation, Mr. Chipuxet, Queen, Wood, and Pawcatuck Rivers, currently protects the free-flowing Speaker. I urge its adoption. Rhode Island and Connecticut, described in sub- condition of more than 12,000 miles of I yield back the balance of my time. section (a)(ll); rivers in 38 States. Unfortunately, this The SPEAKER pro tempore. The ‘‘(B) submit a report describing the results of is less than 1 quarter of 1 percent of the question is on the motion offered by that study to the appropriate committees of rivers in the United States. In con- Congress; the gentleman from Washington (Mr. ‘‘(C) include in the report under subpara- trast, more than 75,000 large dams re- HASTINGS) that the House suspend the graph (B) the effect of the designation under strict the flow of roughly 600,000 miles rules and pass the bill, H.R. 5958. this Act on— of river. This is about 17 percent of the The question was taken; and (two- ‘‘(i) existing commercial and recreational ac- river miles in this country. thirds being in the affirmative) the tivities, such as hunting, fishing, trapping, rec- Mr. LANGEVIN is to be commended for rules were suspended and the bill was reational shooting, motor boat use, or bridge his hard work on behalf of his constitu- passed. construction; ents and the natural resources within A motion to reconsider was laid on ‘‘(ii) the authorization, construction, oper- his State. ation, maintenance, or improvement of energy I reserve the balance of my time. the table. production and transmission infrastructure; and f ‘‘(iii) the authority of State and local govern- Mr. HASTINGS of Washington. I am ments to manage those activities encompassed in very pleased to yield 4 minutes to the WOOD-PAWCATUCK WATERSHED author of this legislation, the gen- PROTECTION ACT clauses (i) and (ii); and ‘‘(D) identify— tleman from Rhode Island (Mr. LAN- Mr. HASTINGS of Washington. Mr. ‘‘(i) all authorities that will authorize or re- GEVIN). Speaker, I move to suspend the rules quire the Secretary to influence local land use (Mr. LANGEVIN asked and was given and pass the bill (H.R. 3388) to amend decisions (such as zoning) or place restrictions permission to revise and extend his re- the Wild and Scenic Rivers Act to des- on non-Federal land if the area studied is des- marks.) ignate a segment of the Beaver, ignated under this Act; Mr. LANGEVIN. I want to thank the ‘‘(ii) all authorities that the Secretary may Chipuxet, Queen, Wood, and Pawcatuck use to condemn property if the area studied is gentleman for yielding. Rivers in the States of Connecticut and designated under this Act; and I would like to thank Ranking Mem- Rhode Island for study for potential ad- ‘‘(iii) all private property located in the area ber GRIJALVA and Chairman BISHOP and dition to the National Wild and Scenic studied under this provision.’’. their staffs for working to bring this

VerDate Mar 15 2010 01:11 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.017 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5088 CONGRESSIONAL RECORD — HOUSE July 23, 2012 bill to the committee and to the floor Again, I want to thank the members economies and political institutions in order today. I would like to thank my good of the committee, especially the chair to raise the material standard of living of In- friend, Congressman COURTNEY of Con- and the ranking member, for bringing dians. necticut, who has been an outstanding the bill to the floor, and I thank Mr. SEC. 2. DEFINITIONS. In this Act: partner in this effort. I would also like HASTINGS and also Mr. SABLAN for their (1) APPLICANT.—The term ‘‘applicant’’ to thank all of those back in Rhode Is- assistance with this as well. means an Indian tribe or a consortium of In- land who have worked to bring this bill b 1600 dian tribes that submits an application to fruition, including the Wood- under this Act seeking participation in the Pawcatuck Watershed Association, Mr. HASTINGS of Washington. Mr. demonstration project. Save the Bay, The Nature Conser- Speaker, I advise my friend from the (2) CONSORTIUM.—The term ‘‘consortium’’ vancy, the Rhode Island Department of Northern Marianas that I have no more means an organization of two or more enti- Environmental Management, and the requests for time, and I’m prepared to ties, at least one of which is an Indian tribe, Connecticut Department of Environ- close if he is. that has the written consent of the gov- Mr. SABLAN. I have no additional erning bodies of all Indian tribes partici- mental Protection. pating in the consortium pursuant to this Mr. Speaker, the Wood-Pawcatuck speakers, and I yield back the balance of my time. Act. Watershed Protection Act proposes a (3) DEMONSTRATION PROJECT.—The term study of segments of the Beaver, Mr. HASTINGS of Washington. Mr. ‘‘demonstration project’’ means the trade Chipuxet, Queen, Wood, and Pawcatuck Speaker, as I mentioned, this is good and investment demonstration project au- Rivers in Rhode Island and Connecticut legislation, and I urge its adoption. thorized by this Act. for potential addition to the National With that, I yield back the balance of (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Wild and Scenic Rivers System. Rhode my time. has the meaning given that term in section Island and Connecticut have long been The SPEAKER pro tempore. The 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). outstanding stewards of these rivers, so question is on the motion offered by the gentleman from Washington (Mr. (5) ORGANIZATION.—The term ‘‘organiza- I hope the passage and completion of tion’’ means a partnership, joint venture, HASTINGS) that the House suspend the this study will affirm what we who live limited liability company, or other unincor- near these rivers already know, which rules and pass the bill, H.R. 3388, as porated association or entity that is estab- is that they possess outstanding rec- amended lished in order to participate in the dem- reational, natural, and historical quali- The question was taken; and (two- onstration project authorized by this Act. ties that make them worthy of the des- thirds being in the affirmative) the (6) PARTICIPATING INDIAN TRIBE.—The term ignation of ‘‘Wild and Scenic Rivers.’’ rules were suspended and the bill, as ‘‘participating Indian tribe’’ means an Indian As a nation, we are privileged to have amended, was passed. tribe selected by the Secretary from the applicant pool. access to a diverse system of wilder- A motion to reconsider was laid on the table. (7) PROJECT; ACTIVITY.—The terms ness areas, not only in the remote ex- ‘‘project’’ and ‘‘activity’’ mean a commu- panses of our country but also close to f nity, economic, or business development un- home—in our backyard wilderness. The INDIAN TRIBAL TRADE AND IN- dertaking that includes components that rivers of the Wood-Pawcatuck water- VESTMENT DEMONSTRATION contribute materially to carrying out a pur- shed are within a 45-minute drive for PROJECT ACT OF 2011 pose or closely related purposes that are pro- every Rhode Islander, easily accessible posed or approved for assistance under more Mr. HASTINGS of Washington. Mr. for family outings and school field than one Federal program. Speaker, I move to suspend the rules (8) SECRETARY.—The term ‘‘Secretary’’ trips. The people of Rhode Island and and pass the bill (H.R. 2362) to facili- means the Secretary of the Interior. Connecticut have long enjoyed the rec- tate economic development by Indian SEC. 3. INDIAN TRIBAL TRADE AND INVESTMENT reational and scenic wealth of the tribes and encourage investment by DEMONSTRATION PROJECT. Wood-Pawcatuck, and we are eager to (a) IN GENERAL.—The Secretary shall au- Turkish enterprises, as amended. share this natural treasure with the thorize Indian tribes or consortia selected The Clerk read the title of the bill. under section 4 to participate in a dem- rest of New England and the Nation. The text of the bill is as follows: These rivers are not only an impor- onstration project under this Act, which H.R. 2362 shall be known as the ‘‘Indian Tribal Trade tant part of our national heritage; they and Investment Demonstration Project’’. are a critical part of our economy, Be it enacted by the Senate and House of Rep- resentatives of the United States of America in (b) LEAD AGENCY.—The Department of the Interior shall be the lead agency for purposes which relies on the health of our Congress assembled, waters. The Wood-Pawcatuck water- of carrying out the demonstration project. SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. shed offers diverse destinations for (c) TRIBAL APPROVAL OF LEASES.—Notwith- (a) SHORT TITLE.—This Act may be cited as standing any other provision of law, and in tourism, which is a vital industry to the ‘‘Indian Tribal Trade and Investment the discretion of a participating Indian tribe Rhode Island and Connecticut, and Demonstration Project Act of 2011’’. or consortium, any lease of Indian land held these rivers offer exceptional trout (b) FINDINGS.—Congress finds that— in trust by the United States for a partici- fishing, canoeing, photography, and (1) the public and private sectors in the Re- pating Indian tribe (or an Indian tribe in a bird watching opportunities, with adja- public of Turkey have demonstrated a consortium) entered into under this Act to cent hiking and camping our for unique interest in bolstering cultural, polit- carry out a project or activity shall not re- ical, and economic relationships with Indian sportsmen. Accordingly, the study will quire the approval of the Secretary if the tribes and tribal members; lease— not only review the special character (2) uneconomic regulatory, statutory, and (1) is entered into in furtherance of a com- of the river, but it will fully engage policy barriers are preventing more robust mercial partnership involving one or more with local government, landowners, relationships between the Turkish and In- private entities incorporated in or ema- and businesses to recognize the exist- dian tribal communities; and nating from the Republic of Turkey or other ing commercial and recreational ac- (3) it is in the interest of Indian tribes, the World Trade Organization member nations; tivities on or adjacent to the water- United States, and the United States–Turkey (2) is entered into not later than 3 years shed. relationship to remove or ameliorate these after the date of the enactment of this Act; With that, Mr. Speaker, the Wild and barriers through the establishment of an In- (3) is not for the exploration, development, dian Tribal Trade and Investment Dem- Scenic Rivers Act offers the best guar- or extraction of any mineral resources; onstration Project. (4) does not include lease of land or an in- antee that the Wood-Pawcatuck will be (c) PURPOSE.—The purposes of this Act terest in land held in trust for an individual here for future generations to enjoy. are— Indian; The passage of this study is an impor- (1) to remove or ameliorate certain bar- (5) is executed under the tribal regulations tant first step along that path. The riv- riers to facilitate trade and financial invest- approved by the Secretary under this Act; ers of the Wood-Pawcatuck watershed ment in Indian tribal economies; and contain outstanding recreational, sce- (2) to encourage increased levels of com- (6) has a term that does not exceed 25 nic, and natural heritage qualities that merce and economic investment by private years, except that any such lease may in- entities incorporated in or emanating from would be an excellent addition to the clude an option to renew for up to 2 addi- the Republic of Turkey or other World Trade tional terms, each of which may not exceed National Wild and Scenic Rivers Sys- Organization member nations; and 25 years. tem. I urge my colleagues to support (3) to further the policy of Indian self-de- (d) ACTIVITIES TO BE CONDUCTED ON LEASED the passage of this bill. termination by strengthening Indian tribal LANDS.—Indian land held in trust by the

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.019 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5089 United States for the benefit of a partici- discretion of the Secretary, enforce the pro- the case of an applicant that is a consortium pating Indian tribe (or an Indian tribe in a visions of, or cancel, any lease executed by a of Indian tribes, the governing body of each consortium) may be leased for activities con- participating Indian tribe or consortium affected member Indian tribe. sistent with the purposes of this Act, includ- under this Act. (b) REVIEW AND APPROVAL.— ing business and economic development, pub- (i) COMPLIANCE.— (1) IN GENERAL.—Not later than 90 days lic, educational, or residential purposes, in- (1) IN GENERAL.—An interested party, after after the date of receipt of an application cluding the development or use of natural re- exhausting applicable tribal remedies, may under subsection (a), the Secretary shall in- sources in connection with operations under submit a petition to the Secretary, at such form the applicant, in writing, of the ap- such leases, for grazing purposes, and for time and in such form as the Secretary de- proval or disapproval of the application. those farming purposes which require the termines to be appropriate, to review the (2) DISAPPROVAL.—If an application is dis- making of a substantial investment in the compliance of a participating Indian tribe or approved, the written notice shall identify improvement of the land for the production consortium with any tribal regulations ap- the reasons for the disapproval and the appli- of specialized crops as determined by the proved by the Secretary under this Act. cant shall be provided an opportunity to Secretary. (2) VIOLATIONS.—If, after carrying out a re- amend and resubmit the application to the (e) APPROVAL OF TRIBAL REGULATIONS.— view under paragraph (1), the Secretary de- Secretary. (1) IN GENERAL.—The Secretary shall ap- termines that the tribal regulations were SEC. 6. REPORT TO CONGRESS. prove a tribal regulation issued for the pur- materially violated, the Secretary may take poses of subsection (c)(4), if the tribal regula- Not later than 3 years after the date of the any action the Secretary determines to be enactment of this Act, the Secretary shall tion— necessary to remedy the violation, including (A) is consistent with regulations, if any, prepare and submit to Congress a report that rescinding the approval of the tribal regula- includes— issued by the Secretary pursuant to the Act tions and reassuming responsibility for the of August 9, 1955 (25 U.S.C. 415(a)); and (1) a description of the economic benefits approval of leases of Indian lands. and other consequences to participating In- (B) provides for an environmental review (3) DOCUMENTATION.—If the Secretary de- process that includes— dian tribes, their members, and surrounding termines under this paragraph that a viola- communities as a result of the economic ac- (i) the identification and evaluation of any tion of tribal regulations has occurred and a significant effects of the proposed action on tivities and financial investment engendered remedy is necessary, the Secretary shall— by the demonstration project; and the environment; and (A) make a written determination with re- (ii) a process for ensuring that— (2) observations drawn from the implemen- spect to the regulations that have been vio- tation of this Act and recommendations rea- (I) the public is informed of, and has a rea- lated; sonable opportunity to comment on, any sig- sonably designed to improve the operation or (B) provide the applicable participating In- consequences of the demonstration project. nificant environmental impacts of the pro- dian tribe or consortium with a written no- posed action identified by the participating tice of the alleged violation together with The SPEAKER pro tempore. Pursu- Indian tribe or consortium; and such written determination; and ant to the rule, the gentleman from (II) the participating Indian tribe or con- (C) prior to the exercise of any remedy, the Washington (Mr. HASTINGS) and the sortium provides responses to relevant and rescission of the approval of the regulation gentleman from the Northern Marianas substantive public comments on those im- involved, or the reassumption of lease ap- (Mr. SABLAN) each will control 20 min- pacts before the participating Indian tribe or proval responsibilities, provide the applica- consortium approves the lease. utes. ble participating Indian tribe or consortium The Chair recognizes the gentleman (2) SECRETARIAL REVIEW.— with— (A) IN GENERAL.—Not later than 120 days (i) a hearing that is on the record; and from Washington. after the date on which the tribal regula- (ii) a reasonable opportunity to cure the GENERAL LEAVE tions under this subsection are submitted to alleged violation. Mr. HASTINGS of Washington. I ask the Secretary, the Secretary shall review SEC. 4. SELECTION OF PARTICIPATING INDIAN unanimous consent that all Members and approve or disapprove the regulations. TRIBES. (B) WRITTEN DOCUMENTATION.—If the Sec- may have 5 legislative days to revise (a) PARTICIPANTS.—The Secretary may se- and extend their remarks and include retary disapproves such tribal regulations, lect not more than 12 Indian tribes or con- the Secretary shall include written docu- sortia from the applicant pool described in extraneous material on the bill under mentation with the disapproval notification subsection (b) to submit an application to be consideration. that describes the basis for the disapproval. a participating Indian tribe or consortium. The SPEAKER pro tempore. Is there (C) EXTENSION.—The deadline described in (b) APPLICANT POOL.—The applicant pool objection to the request of the gen- subparagraph (A) may be extended by the described in this subsection shall consist of tleman from Washington? Secretary, after consultation with the par- each Indian tribe or consortium that— There was no objection. ticipating Indian tribe or consortium. (1) requests participation in the dem- (f) FEDERAL ENVIRONMENTAL REVIEW.—Not- Mr. HASTINGS of Washington. Mr. onstration project through a resolution or withstanding subsection (e)(2), if a partici- Speaker, I yield myself such time as I other official action of the tribal governing pating Indian tribe or consortium carries out body or, in the case of a consortium, a reso- may consume. a project or activity funded by a Federal H.R. 2362 is authored by our colleague agency, the participating Indian tribe or lution or other official action of each Indian from Oklahoma (Mr. COLE). consortium may rely on the environmental tribe that is a member of the consortium; review process of the applicable Federal and We continue to be reminded that it agency rather than any tribal environmental (2) demonstrates, for the 3 fiscal years im- takes months and years for the Bureau review process under this subsection. mediately preceding the fiscal year for which of Indian Affairs to approve simple (g) DOCUMENTATION.—If a participating In- participation is requested, financial stability lease agreements. For years, many dian tribe or consortium executes a lease and financial management capability as tribes have pleaded with Congress to pursuant to tribal regulations approved demonstrated by a showing by the Indian tribe or consortium that there were no mate- let them manage their lands with less under this section, the participating Indian Federal supervision. The bureaucratic tribe or consortium shall provide the Sec- rial audit exceptions in the required annual retary with— audit of the Indian Self-Determination and redtape is often cited as the main cul- (1) a copy of the lease, including any Education Assistance Act contracts or Trib- prit for the lack of economic develop- amendments or renewals to the lease; and al Self Governance Act compacts of the In- ment on reservations. (2) in the case of tribal regulations or a dian tribe or consortium. Last week, the Senate passed H.R. lease that allows for lease payments to be SEC. 5. APPLICATION REQUIREMENTS, REVIEW, 205, the HEARTH Act. The HEARTH made directly to the participating Indian AND APPROVAL. Act promotes greater tribal self-deter- tribe or consortium, documentation of the (a) REQUIREMENTS.—An Indian tribe or con- mination by allowing tribes to govern sortium selected under subsection (a) may lease payments that are sufficient to enable their own regulations governing cer- the Secretary to discharge the trust respon- submit to the Secretary an application sibility of the United States under sub- that— tain leasing of their lands. H.R. 2362, as section (h). (1) identifies the activities to be conducted amended, would give tribes additional (h) TRUST RESPONSIBILITY.— by the Indian tribe or consortium; options in attracting economic devel- (1) IN GENERAL.—The United States shall (2) describes the revenues, jobs, and related opment. The Indian Tribal Trade and not be liable for losses sustained by any economic benefits and other likely con- Investment Demonstration Project Act party to a lease executed under this Act. sequences to the Indian tribe or consortium, would allow any Federally recognized (2) AUTHORITY OF SECRETARY.—Pursuant to its members, the investors, and the sur- tribe to engage in business with compa- the authority of the Secretary to fulfill the rounding communities to be generated as a trust obligation of the United States to an result of the activities identified in para- nies of any World Trade Organization Indian tribe under Federal law, including graph (1); and member country. It’s a good start. It is regulations, the Secretary may, upon reason- (3) is approved by the governing body of something that we should be address- able notice from the Indian tribe and at the the Indian tribe or consortium, including, in ing more aggressively.

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.008 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5090 CONGRESSIONAL RECORD — HOUSE July 23, 2012 With that, I urge adoption of this leg- The EU member Cypriot government the Istanbul Technical Institute. islation, and I reserve the balance of has made strong efforts to bring this There’s a constant movement of tribal my time. ongoing occupation to a peaceful set- citizens going back and forth. This in- Mr. SABLAN. Mr. Speaker, at this tlement. However, the Turkish govern- terest, apart from these other disputes, time I yield 4 minutes to the gen- ment from afar continues to push is real and genuine and deep. We’ve ac- tleman from New Jersey (Mr. PAL- against such peace negotiations. In cepted some of the concerns that were LONE). fact, Turkey has used its bases in voiced in subcommittee. There is no Mr. PALLONE. Mr. Speaker, I thank northern Cyprus to harass Israeli mer- preferential status for Turkey in this my ranking member. chant vessels peacefully engaged, in co- bill. All 155 World Trade Organization I rise to oppose H.R. 2362, the Indian operation with the Cypriot Govern- countries will have exactly the same Tribal Trade and Investment Dem- ment, on oil and gas exploration. It has opportunity. onstration Project Act. To put it quite even threatened U.S. companies. It’s important to note, I think, that simply, there is no good reason for pas- I have just presented a couple of ex- this bill is strongly supported in Indian sage of this legislation. In fact, there amples as to why Turkey’s policies fly Country. Maybe we should listen to In- are a whole bunch of reasons why this in the face of solid moral standing and dians about what’s best for their own legislation should fail today. threaten U.S. interests abroad. Legis- economic development. The National First, I would like to say that I lating preferential treatment for Tur- Congress of American Indians supports strongly support efforts to bring eco- key would be a mistake and only signal this bill, the National American Indian nomic prosperity to Indian Country. that genocide denial, illegal occupation Housing Council supports this bill, the I’ve been a longtime advocate of Indian of U.S. allies, and other anti-U.S. poli- National Center for American Indian Country’s right and power to exercise cies will be tolerated. Enterprise Development supports this their sovereignty and pursue economic I’m proud to say that this Congress bill. Numerous tribes support this bill. development in the ways they choose. has passed legislation that gives tribes Perhaps they are the real experts here That is why I was glad to vote for H.R. more flexibility in entering into lease that we should be listening to. 205, the HEARTH Act. agreements that will promote eco- The HEARTH Act permits all tribes, Passage of this bill would normally nomic development and future vitality. not just a select few, to engage in leas- be a routine matter in this House. ing activities without Federal over- Today’s bill does not advance this Frankly, due to the strong Turkish insight under certain circumstances. cause. It would simply put Turkey on a terest and support for the bill, we have Under the HEARTH Act, tribes can en- pedestal, and I urge my colleagues to a number of ethnic communities in the gage in these activities with both do- oppose this bill and vote ‘‘no.’’ United States that have voiced objec- Mr. HASTINGS of Washington. Mr. mestic and foreign entities. Further- tions. I think that’s always legitimate Speaker, I am very pleased to yield 5 more, the HEARTH Act enjoys strong and always appropriate. But sadly, as I bipartisan support and passed this body minutes to the author of this legisla- pointed out, some of these objections on May 15 by a vote of 400–0. The bill tion, the gentleman from Oklahoma don’t have much merit. Again, this is then passed the Senate by unanimous (Mr. COLE). not special legislation for Turkey. All Mr. COLE. Mr. Speaker, I thank the consent, and it now only awaits the 155 World Trade Organizations can par- gentleman for yielding. President’s signature. ticipate. That includes the folks that In contrast, H.R. 2362 singles out the H.R. 2362 is simply a bill to facilitate are so concerned about this. economic development in Indian Coun- Republic of Turkey for preferential b 1610 treatment. Anyone who questions this try and to expand the range of options Second, the idea that passing the just needs to turn to the bill itself open to some of the poorest and most HEARTH bill—which, by the way, I which states its purposes as ‘‘to facili- disadvantaged of Americans, the first tate economic development by Indian Americans. strongly supported, cosponsored, came tribes and encourage investment by Currently, as my friend Mr. HASTINGS down here and argued for. I think it’s a Turkish enterprises.’’ If this bill didn’t pointed out, economic development is wonderful piece of legislation. It’s give Turkey special preference, what often hampered in Indian Country by largely silent, save for one phrase. On would be the point? It would be en- restrictive leasing practices on Indian foreign investment, we do not have a tirely duplicative to what will be law reservations. H.R. 2362 directs the Sec- lot of experience here. It would be help- in just a few days. retary of the Interior to create a dem- ful to have demonstration projects. It The Republic of Turkey, Mr. Speak- onstration project for up to six tribes would be good to have the Secretary of er, acts increasingly hostile to U.S. in- engaged in economic development with the Interior involved more deeply. terests and has a long history of human foreign companies and foreign coun- And third—and I hope this isn’t the rights violations. Turkey is not a countries. Tribes will develop the guidelines case. I have heard recently that there try that should be receiving pref- for their own economic activity with is even a sheet going around—perhaps erential treatment in any sense, and these entities, the Secretary will ap- not true; I hope not—that suggests this certainly not explicitly approved by prove them, and we will over time legislation will cost domestic manufac- this Congress. Turkey has yet to ac- learn how to do business between In- turing jobs. You’ve got to be kidding. knowledge the fact of the Armenian dian tribes and foreign countries. Putting jobs on Indian reservations is genocide and reconcile itself with its Frankly, that is something we know going to take American jobs away? own history. The Armenian genocide is comparatively little about. One of the Who were the first Americans? So the first genocide of the 20th century. things that comes out of this is a de- again, the arguments, I think, largely It’s a dark chapter in history, but it velopment by the Secretary of the In- do not address the legislation. must be remembered and reaffirmed. terior of recommendations and best I understand something about histor- That’s why we must not stand by as practices, something which needs to be ical grievances and controversies. I’m the Republic of Turkey continues their done in this area. the only Native American in this policy of denying the 20th century’s We have tried in the course of this House right now. My great-great- first genocide. legislation to recognize the concerns grandfather, when he was 13 years old, It is also very appropriate to remem- raised by some people about it. There’s was forced to move from Mississippi, ber that this past Friday marked the no question that I was approached by where his people had lived for 500 38th anniversary of the illegal occupa- the Turkish American Coalition, who years, to avoid being placed under tion of northern Cyprus by Turkey. On have a deep interest in Turkey and State restriction. His lands were con- July 20, 1974, Turkey invaded Cyprus in American Indians. It has been for many fiscated. They were guaranteed new violation of international law, and at hundreds of years. This goes back a land in Indian territory in the West. He great cost to the citizens of Cyprus. long way. They’re the only country arrived—nothing. Started it up being, Turkish troops continue to occupy Cy- that has actually sent a national dele- actually, the clerk of the Chickasaw prus illegally, and the invasion forced gation to an Indian economic develop- supreme court. His son, my great- nearly 200,000 Greek Cypriots to flee ment conference. There are scholar- grandfather, was treasurer at the time their homes. ships for Native American students at of the Dawes Commission when—guess

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.022 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5091 what—those treaties that were going Indians. And guess what. We broke ernment, some of these tribes have had to last forever were revoked again by every one of those treaties. So let’s to wait for 10 years. They couldn’t even the United States Government. Indian talk about fairness. get this done through the regulatory territory was opened up, over the ob- I rise in strong support of H.R. 2362, process. These are the problems that jection of the tribes, to white settle- the Indian Tribal Trade and Invest- we’re faced with. ment, and Indian governments were ment Demonstration Project Act of Mr. Speaker, I ask my colleagues, ground down. 2011. pass this legislation. And again, I com- My family has spent much of the First, I want to thank the gentleman mend and thank my good friend, the time since that time working with from Washington, the chairman of our gentleman from Oklahoma, for his other Chickasaws and other Native committee, and also the gentleman leadership and bringing this legislation Americans to see tribal sovereignty re- from Massachusetts (Mr. MARKEY) for before us for consideration and ap- stored and those rights given back. their support. And I especially want to proval. That’s why I cochair the Native Amer- thank my good friend, the only Amer- I rise today in support of H.R. 2362, the In- ican Caucus. That’s why, when the ican Indian that we have in this body, dian Tribal Trade and Investment Demonstra- tribal law and order bill came to this a proud member of the Chickasaw Na- tion Project Act of 2011. First, I want to thank floor, where there were concerns on our tion of the State of Oklahoma, my the gentleman from the State of Oklahoma, side about process, I got the Repub- good friend and buddy, TOM COLE. Not and my good friend, Mr. TOM COLE, for his au- lican votes that were necessary to pass only is he the cochair of our American thorship of this important piece of legislation it. That is why I was the Republican Indian Congressional Caucus, but he is that will facilitate economic development by In- lead sponsor of the Cobell settlement. also a real gentleman that knows what dian tribes and encourage investment by for- That’s why I’ve worked with this ad- he’s talking about. eign companies. ministration—which, by the way, has a Mr. Speaker, despite the recent suc- Mr. Speaker, despite the recent success of great record on Native American af- cess of some tribes in creating success- some Indian tribes in creating successful gam- fairs—on the Carcieri bill. ful gaming enterprises, pursuant to the ing enterprises pursuant to the 1988 Indian So I understand grievances, and I un- 1988 Indian Gaming Regulatory Act, to Gaming Regulatory Act, to a large extent, In- derstand the legitimacy of expressing a large extent, Indian tribes still face dian tribes still face extreme economic condi- them. extreme economic conditions. This is tions. This is due in part to the perception by The SPEAKER pro tempore. The due in part to the perception by private private lenders and investors that risky condi- time of the gentleman has expired. lenders and investors that risky conditions prevail in Indian country. Because of the Mr. HASTINGS of Washington. I tions prevail in Indian Country. Be- Federal Trust Status, Indian lands and re- yield the gentleman an additional 2 cause of the Federal trust status, In- sources are perceived as risky for collateral, minutes. dian lands and resources are perceived and even loans and burdensome regulations Mr. COLE. I thank the gentleman. as risky for collateral, and even loans restrict and impede efforts to improve eco- But legislation must be relevant to and burdensome regulations restrict nomic conditions on tribal land. the historical experience that we’re and impede efforts to improve eco- Mr. Speaker, according to recent statistics talking about, and we ought to look for nomic conditions on tribal lands. from the U.S. Department of Commerce, the opportunities to turn old enemies into Mr. Speaker, we have unemployment overall poverty rate for American Indians/Alas- new friends. I try to do that on this as high as 80 percent among some of ka Natives, including children, is higher than floor every day. these tribes. In terms of any incentives that for the total U.S. population. The fact is, This legislation has nothing to do given them to provide greater eco- many of our Indian brothers and sisters re- with ancient or current disputes be- nomic development, Mr. Speaker, this main stuck in poverty. With unemployment tween Turkey and Armenia or Greece. legislation solves this problem, and we rates of up to 80-percent in some tribal com- This bill is about helping American In- need to give them these tools so that munities, Indian tribes must find creative ways dians. We ought to put aside the dis- these tribes could better make eco- to foster economic growth and generate jobs putes of the Old World and focus on nomic improvements in their situation. and economic prosperity in these struggling helping the original inhabitants of the Mr. Speaker, our Federal Govern- communities. New World, which is exactly what this ment has a trust obligation to our In- Mr. Speaker, our Federal Government has a legislation will do. dian brothers and sisters. A couple of trust obligation to our Indian brothers and sis- Mr. SABLAN. Mr. Speaker, at this years ago, I was pleased to work with ters. A couple of years ago, I was pleased to time, may I inquire of the time re- Senator INOUYE, my good friend from work with the Senator from Hawaii, and my maining? Hawaii, on legislation that will give In- good friend, Senator INOUYE on legislation that The SPEAKER pro tempore. The gen- dian tribes access to many tools such will give Indian tribes access to many tools, tleman from the Northern Mariana Is- as development capital, loans to Indian such as development capital, loans to Indian lands has 161⁄2 minutes remaining. enterprises, and a host of other author- enterprises, and a host of other authorized ac- Mr. SABLAN. Mr. Speaker, at this ized activities, with the purpose of cre- tivities, with the purpose of creating an envi- time, I yield 4 minutes to the gen- ating an environment that is conducive ronment that is conducive to Indian country tleman from American Samoa, a mem- to Indian Country economic develop- economic development. Today, I continue to ber of the committee. ment. Today I continue to remain remain steadfast in my support and am willing (Mr. FALEOMAVAEGA asked and steadfast in my support and am willing to work with my colleagues in Congress, to was given permission to revise and ex- to work with my colleagues in Con- ensure that our federal trust obligation to the tend his remarks.) gress to make improvements in this Indian tribes is uphold. Mr. FALEOMAVAEGA. Every word area. Again, I commend Mr. TOM COLE for his that’s been spoken by the gentleman Again, I commend my good friend leadership. The bill before us today will create from Oklahoma, not only as the chief Mr. COLE for his leadership. The bill be- the Indian Tribal Trade and Investment Dem- author and the sponsor of this legisla- fore us today will create the Indian onstration Project within the U.S. Department tion, but something that I think my Tribal Trade and Investments Dem- of the Interior to include up to six Indian tribes colleagues in the House need to be re- onstration project within the Depart- or consortia. These tribes will be able to lease minded of, this has nothing to do with ment of the Interior to include up to land currently held in trust by the federal land whatever current feuds are going on be- six Indian tribes for this pilot program. to conduct such activities including business tween Armenia and Turkey. That is to- These tribes will be able to lease land and economic development; public, edu- tally irrelevant to the bill that we are currently held in trust by Federal land cational, or residential purposes; development discussing here this afternoon. If we to conduct such activities including or use of natural resources in connection with talk about past criminalities and acts business and economic development; operations under such leases; and grazing that were done against the American public, educational, or residential pur- and farming activities. Indians, Mr. Speaker, I don’t know if poses; et cetera. Moreover, the bill will Moreover, the bill will streamline the archaic my colleagues realize that the Govern- streamline the archaic and burden- and burdensome federal regulations in place ment of the United States of America some—you know, even just to get a for leasing, to make it easier for Indian Tribes signed 389 treaties with the American lease agreement with the Federal Gov- to partner with foreign companies that engage

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.024 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5092 CONGRESSIONAL RECORD — HOUSE July 23, 2012 in economic development on tribal lands. Mr. SABLAN. Mr. Speaker, at this Black, testified before the Indian and While H.R. 2362 was initially developed be- time, I yield 4 minutes to the gentle- Alaska Native Affairs Subcommittee, cause of Turkey’s interest in working with In- lady from New York (Mrs. MALONEY). stating that the HEARTH Act ‘‘fosters dian tribes, I am pleased to know that all 155 Mrs. MALONEY. I thank Congress- the same goals identified in this bill World Trade Organization countries will have man SABLAN for yielding and for his but on a broader, larger scale.’’ the same investment opportunities. hard work in so many areas and his Through the HEARTH Act, domestic Mr. Speaker, this bill embodies our federal leadership. and foreign entities have already been government trust obligation to the economic I rise to express my opposition to the granted an expedited route to invest in condition of the Indian tribes and I urge my Indian Tribal Trade and Investment Native American lands and help their colleagues to support H.R. 2362. Demonstration Project Act, H.R. 2362. economic development. Mr. HASTINGS of Washington. Mr. This bill is unnecessary and seeks to Given the redundancies in the bill Speaker, I am pleased to yield 2 min- give special consideration to one coun- and the favored treatment it gives to utes to the gentlelady from North try—Turkey. one country that has shown threat- Carolina (Ms. FOXX). ening and discriminatory action to- Ms. FOXX. I thank the gentleman b 1620 ward a number of American allies, I from Washington for yielding time. As a country that has shown both urge my colleagues to join Ranking I want to associate myself with the negative and aggressive actions toward words of my very capable and articu- Member BERMAN and Ranking Member a number of our allies, Turkey should MARKEY and vote ‘‘no’’ on H.R. 2362. late colleague from Oklahoma (Mr. not be given investment preferences in COLE), the author of this legislation. As From: Andreas Akaras Indian tribal lands through this bill. Sent: Monday, July 23, 2012, 1:13 a.m. he said, this should be a routine bill to And they should not be given pref- be passed on suspension on the basis of To: Elizabeth Darnall erence over 154 allies, members of the Subject: H.R. 2362 Tribal Trade Bill (AHEPA his comments alone. However, some World Trade Organization. Nor should email blast) have chosen to try to divert, to take us they be given preference over Amer- On behalf of the American Hellenic Edu- away from the subject at hand of this ican businesses that wish to invest in cational Progressive Association (AHEPA), bill. Indian tribal lands. This bill would re- the largest and oldest membership-based or- I support H.R. 2362, an important bill ward a country with a record of human ganization of American citizens of Greek designed to bolster global economic co- heritage and Philhellenes, we are out- operation by making it easier for Na- rights and religious freedom violations. reaching to share AHEPA’s position in oppo- tive American tribal communities to It has been on the U.S. Commission on sition to H.R. 2362, the Indian Tribal Trade strengthen ties with foreign trading International Religious Freedom’s and Investment Demonstration Project Act. partners. watch list for 3 consecutive years. We understand H.R. 2362 is expected to come Even though Native American com- Just this last Friday, many of us to the Floor under Suspension of the Rules marked the 38th anniversary of Tur- this week—perhaps on Monday. munities suffer from the highest unem- Position ployment rate in the United States, key’s illegal occupation of the northern third of the island Republic of Cy- AHEPA is opposed to H.R. 2362 for the fol- economic development on tribal lands lowing reasons: is stifled by a restrictive and archaic prus. Throughout this occupation, Tur- 1. Turkey’s Recent Threats to U.S. Com- leasing system, requiring applicants to key actively seeks to alter the heritage mercial Interests. Why reward it? succumb to a multilayered review and demographics of Cyprus. It has sys- Turkey’s has issued threats to the actions process, taking up to 6 years to com- tematically destroyed the island’s of U.S. firm Noble Energy, which is lawfully plete. Christian heritage and colonized the conducting oil and gas exploration off the These unnecessary hurdles have com- area with more than 200,000 settlers coast of Cyprus, in Cyprus’s Exclusive Eco- promised important tribal economic and 40,000 troops. nomic Zone (EEZ) in the eastern development in the past. For example, Mediteranean. Noble Energy is based in Furthermore, Turkey maintains an Houston, Texas. the Round Valley Indian Housing Au- economic blockade against Armenia, During this same exploration, Turkey’s thority continues to wait, after 9 sealing its borders to all trade, and threats have directed at U.S. allies Cyprus years, for the Bureau of Indian Affairs continues to deny the Armenian geno- and Israel as both countries are working in to process a lease for a large housing cide, during which over 1.5 million Ar- cooperation via a signed agreement to de- project. And in 2006, the Swinomish menians perished. I have with me the velop hydrocarbon reserves in their EEZs. and Walmart agreed to build a store on Armenian Assembly and the Armenian In response to these threats, House For- the reservation while the BIA regional National Committee of America’s let- eign Affairs Chairman Ileana Ros-Lehtinen stated, ‘‘Turkey’s decision to escalate ten- office stalled for 2 years before ters in opposition to this legislation. Walmart withdrew from the deal fol- sions by increasing its military presence in Also, Turkey has challenged Israel by the Mediterranean poses a clear threat to lowing the 2008 financial crisis. arguing against Israel’s right to de- U.S. citizens and interests in the region.’’ This bill helps correct these problems velop energy sources. Turkey has also Moreover, Turkey has threatened to black- by authorizing select tribes to develop threatened American businesses by list international companies willing to work guidelines for leasing land and services saying it would use force to stop a on this particular exploration project off the to both foreign and domestic compa- Texas-based company, Noble Energy, coast of Cyprus. This would include any U.S. nies for economic development pur- from drilling for oil and gas off the companies. Why would the United States Congress fa- poses. The bill further provides for only shores of Cyprus. Turkey has said it one approval of the land leasing guide- cilitate the unique opportunity for private will blacklist any business that assists lines by the Interior Secretary, thereby entities from Turkey to engage in trade and Cyprus and Israel in their efforts to reducing current multilayer, prohibi- financial investment with Indian tribal jointly develop their country’s natural tive land leasing laws. economies when U.S. private entities and Without imposing any new costs, resources. citizens are threatened by Turkey? The preferential treatment given to 2. Congress has already acted with the these changes will promote tribal job overwhelmingly bipartisan-passed HEARTH growth and economic empowerment, Turkey in H.R. 2362 is unnecessary given the previous passage of the Act. encourage foreign and domestic invest- H.R. 205, the HEARTH Act, passed the ments in Indian Country, all the while, HEARTH Act, which passed this body House 400–0 and the Senate by UC. It will be inviting foreign and domestic compa- 400–0, passed the Senate, and is now signed into law by President Obama. nies to explore commercial opportuni- awaiting the President’s signature. The HEARTH Act promotes trade and in- ties with tribes. It’s for these reasons That bill allows domestic and foreign vestment on Native American lands without that I urge my colleagues to support companies to engage in leases for hous- requiring the approval of the Bureau of In- this legislation. ing construction, clean energy, and dian Affairs. Mr. SABLAN. Mr. Speaker, at this business development. Unlike the As the Director of the Bureau of Indian Af- HEARTH Act, the bill before us today fairs, Mike Black, testified before the House time, I would like to inquire as to the Committee on Natural Resources in Novem- time remaining. does nothing to support these domestic ber 3, 2011, H.R. 205 ‘‘foster[s] the same goals The SPEAKER pro tempore. The gen- businesses. identified in H.R. 2362 on a broader scale.’’ tleman from the Northern Mariana Is- Last November, the director of the The HEARTH Act benefits all tribes; not a lands has 13 minutes remaining. Bureau of Indian Affairs, Michael select few that could benefit from H.R. 2362.

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.009 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5093 Simply stated, passage of H.R. 205 renders U.S. Reps. Gus Bilirakis or Carolyn Maloney our opposition to H.R. 2362, the Indian Tribal H.R. 2362 unnecessary. to sign the DC letter. Trade and Investment Demonstration 3. Section 1(b) Findings (1)(2)(3) of H.R. 2362 Thank you also for consideration of Project Act of 2011. displays preferential treatment for the Re- AHEPA’s position. We hope the congressman 1. H.R. 2362 is redundant and unnecessary public of Turkey over other WTO nations. will take all of the points presented into con- The House and Senate have already passed Why? sideration and will oppose H.R. 2362. the HEARTH Act (H.R. 205), which has al- Proponents state that no particular coun- ANDREAS N. AKARAS, ready accomplished the aims of H.R. 2362 to try is granted a commercial advantage under Advisor, promote trade and investment on Native the bill, yet the bill’s Findings section clear- Office of Congressman John Sarbanes. American lands without requiring the ap- ly single-out and champion Turkey. proval of the Bureau of Indian Affairs. As the If proponents were serious about amending From: Andreas Akaras Director of the Bureau of Indian Affairs tes- H.R. 2362 to provide all WTO countries with Monday, July 23, 2012 11:16 AM tified before the House in November 2011, a level playing field, it would not state ‘‘Tur- To: Elizabeth Darnall H.R. 205 ‘‘foster[s] the same goals identified key and all other WTO countries.’’ Subject: email blast from Armenian Assem- in H.R. 2362 on a broader scale.’’ Turkey and 4. Turkish Entities Under Investigation in bly sent this morning other countries have already been granted an the United States. On behalf of the Armenian Assembly of expedited route to invest in Native American Mainstream U.S. media outlets have re- America, I am writing to urge a ‘‘NO’’ vote lands. This bill will not create any new jobs ported on the growth of Turkish charter on H.R. 2362, the Indian Tribal Trade and In- or investment opportunities that have not schools in America, as many as 120 of them, vestment Demonstration Project Act of 2011 already been provided by H.R. 205. and how the schools have come under federal when it is considered today. 2. H.R. 2362 creates an implied preference investigation for how they are administered. H.R. 2362 is not necessary as a more com- for Turkey The Philadelphia Inquirer reported on prehensive measure, H.R. 205, the HEARTH By singling out the Republic of Turkey in March 20, 2011, ‘‘But federal agencies—in- Act has already been adopted by the House its findings section, the bill will create con- cluding the FBI and the Departments of and Senate. fusion around the granting of an actual pref- Labor and Education—are investigating The HEARTH Act unlike H.R. 2362 allows erence for Turkey during the drafting of reg- all Indian tribes, not just a select few to en- whether some charter school employees are ulations or their implementation, should gage in economic development projects with kicking back part of their salaries to a Mus- this bill become law. Other nations, includ- foreign entities. lim movement founded by Gulen known as H.R. 2362 undermines the HEARTH Act being those, such as Canada, which already Hizmet, or Service, according to knowledge- cause it seeks to endorse and offer special have leases in place are not mentioned at all, able sources.’’ consideration to one country—Turkey—over which leaves the impression that Turkey is In addition the New York Times in a June every other WTO member country. With re- somehow more deserving of favorable treat- 6, 2011 article raised the same concerns about spect to the WTO, numerous complaints ment. how the schools spend taxpayer money, ‘‘And ranging from restrictions on imports of tex- 3. This measure is morally wrong it raises questions about whether, ulti- tile and clothing products to anti-dumping The U.S. Congress should not extend spe- mately, the schools are using taxpayer dol- duties on steel have been lodged against Tur- cial economic benefits to a country that re- lars to benefit the Gulen movement—by giv- key. mains an unrepentant perpetrator of geno- ing business to Gulen followers, or through The U.S. Trade Representative (USTR) has cide against millions of its own indigenous financial arrangements with local founda- highlighted several areas of concern regard- minorities, including Armenians, Greeks, As- tions that promote Gulen teachings and ing Turkey’s trade policies and practices in syrians, and others. At a time when Turkey Turkish culture.’’ The article also reports on its 2012 National Trade Estimate Report on continues to oppress its indigenous minori- federal investigations about abuse of a visa Foreign Trade Barriers, including its import ties, confiscates Christian churches and program to bring in expatriate employees. policies and exports subsidies, yet H.R. 2362 properties, denies the Armenian Genocide 5. Turkey’s Treatment of Minority Popu- specifically highlights Turkey. and threatens the United States if we merely lations. Given Turkey’s lack of respect for human commemorate this crime, occupies our ally The U.S. House of Representatives must rights its ongoing blockade of landlocked Ar- Cyprus, and both threatens and excludes our take into consideration Turkey’s treatment menia and its illegal occupation of the Re- ally Israel from international initiatives, of minority populations. public of Cyprus, passage of H.R. 2362 would promoting Turkey in the findings section is The United States Commission on Inter- send the wrong message to the international misplaced and does not reflect the values of national Religious Freedom (USCIRF), an community that the United States is not American citizens. independent, bipartisan U.S. federal govern- committed to human rights, democracy and Today, it is criminal to even discuss Tur- ment commission established by the U.S. the rule of law. key’s genocidal policies and these indigenous Congress, has recommended Turkey be des- Examples of Turkey’s record: minorities continue to face persecution in ignated a ‘‘country of particular concern’’ The U.S. Commission on International Re- Turkey. The U.S. Commission for Inter- (CPC) in its 2012 annual report. Prior to this ligious Freedom in its 2012 Annual Report national Religious Freedom has documented designation, Turkey was placed on its has recommended that Turkey be designated that the Turkish government’s continued ‘‘Watch List’’ for three consecutive years as a ‘‘country of particular concern’’ due to limitations on religious freedom are ‘‘threat- (2009–2011). ‘‘the Turkish government’s systematic and ening the continued vitality and survival of According to the Executive Summary of egregious limitations on the freedom of reli- minority religious communities in Turkey.’’ gion . . .’’ the 2011 U.S. State Department Human In its 2012 report, the Commission rec- According to the 2011 Freedom House re- Rights Report on Turkey, there is ‘‘inad- port, ‘‘Turkey struggles with corruption in ommended that, Turkey be designated as a equate protection of vulnerable populations’’ government and in daily life.’’ In addition, ‘‘country of particular concern,’’ along with within Turkey. according to an April 2012 Freedom House ar- Iran, Sudan, and Saudi Arabia, due to ‘‘the In addition to these reasons, AHEPA is dis- ticle, ‘‘the number of journalists imprisoned Turkish government’s systematic and egre- mayed the House Committee on Foreign Af- in Turkey has nearly doubled’’ from 57 in gious limitations on the freedom of reli- fairs was not provided an opportunity to vet 2011 to 95 journalists in 2012. gion. . .’’ Moreover, just r few weeks ago H.R. 2362. Turkey also continues to deny the Arme- Turkey ordered the expropriation Mor Ga- We note a concern with Turkey’s foreign nian Genocide (New York Times Op-Ed—July briel, one of the oldest Christian monasteries policy direction and history that conflicts 19, 2012), while at the same time accuses in the—world. with the best interests of the United States, Israel of committing genocide and has de- As Nina Shea, a Commissioner, recently including: the aforementioned belligerent fended the genocidal regime of Sudanese wrote: posture toward Israel, its vote against a UN President Omar al-Bashir even after Bashir’s Turkey’s Christian minorities struggle to resolution to impose sanctions against Iran indictment (BBC News—November 6, 2009) for find places in which they can worship, are with regard to that country’s nuclear weap- war crimes by the International Criminal denied seminaries in which to train future ons program, its 38-year illegal invasion and Court (ICC). leaders, are barred from wearing clerical subsequent illegal occupation of the Repub- For all of the aforementioned reasons, the garb in public, see the trials of the mur- lic of Cyprus, a member of the European Armenian Assembly strongly opposes H.R. derers of their prominent members end with Union and current holder of the EU presi- 2362 and urges a ‘‘NO’’ vote. impunity, and, above all, lack the legal right dency; its continued violations of Greece’s Sincerely, to be recognized as churches so that their sovereignty in the Aegean Sea, a staunch BRYAN ARDOUNY, members can be assured of their rights to NATO ally; and its blockade of Armenia. Executive Director. gather freely in sacred spaces for religious Hellenic Caucus Opposition marriages, funerals, and baptisms, and oth- We also thought you would be interested to From: [email protected] on behalf of Kate erwise carry out the full practice of their re- learn of AHEPA’s position because the con- Nahapetian [[email protected]] spective religions. gressman is a member of the Congressional Sent: Friday, July 20, 2012 4:09 PM We do not believe providing trade pref- Hellenic Caucus. To: Kate Nahapetian erences, even if just implied, to a country The Congressional Hellenic Caucus is op- Subject: VOTE NO ON H.R. 2362 that exhibits such a disdain for religious posed to H.R. 2362 and has circulated a DC On behalf of the Armenian National Com- freedom and its minorities, is a message that letter on the issue. Please contacts Chairs mittee of America, I am writing to express reflects the values of our country.

VerDate Mar 15 2010 01:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.014 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5094 CONGRESSIONAL RECORD — HOUSE July 23, 2012 4. Turkey prohibits trade with Armenia, a Mr. HASTINGS of Washington. Mr. machinery to Turkey. And Turkey ex- U.S. ally which has tripled its troop deploy- Speaker, I am pleased to yield 2 min- ports textiles and transport equipment ment to Afghanistan utes to the gentleman from Virginia to Israel. Israel needs Turkey as a trad- We should not be providing trade preferences to Turkey, a country that has been (Mr. MORAN). ing partner. blockading landlocked Armenia for nearly Mr. MORAN. Mr. Speaker, I rise in The fact is that, according to the twenty years. Close to a quarter of Arme- support of this Indian Tribal Trade and Israel-Turkey Business Council, bilat- nia’s population—has been forced from their Investment Demonstration Project eral trade between the two nations in- homeland over the past decade, largely as a Act. creased 35 percent between 2010 and result of the economic dislocation caused by Mr. Speaker, the unemployment rate 2011 despite the diplomatic tensions Turkey’s blockade, the last closed border of on American Indian reservations aver- that emerged in 2009. The reality is Europe. ages between 40–50 percent, and it is that they are working together. They Sincerely, intergenerational. Income, employ- want to work together and transcend KATE NAHAPETIAN, Government Affairs Director. ment, and educational attainment are politics. Bilateral trade is in the inter- all well below the American average. est of both nations. Sent to Issue(s): Foreign Affairs, Natural Re- As a member of the Interior Appropria- This is in the interest of the Native sources tions Committee, I am very much American nations. Gosh sakes, they de- Subject: The Truth About H.R. 2362 aware of that, as Mr. COLE is. But the serve this kind of help after we turned From: The Honorable Tom Cole fact is every Member of this body our back on one treaty after another, Sent By: [email protected] should be as intensely aware as Mr. as has already been said. This is a Bill: H.R. 2362 COLE and those supporting this legisla- Date: 7/23/2012 unique opportunity. We ought to seize DEAR COLLEAGUE, I want to highlight my tion are, of the immense needs in In- it. responses below to recent criticism of my dian country and the serious shortfall Mr. SABLAN. Mr. Speaker, at this legislation, H.R. 2362, which will be consid- the Federal Government confronts in time I yield 4 minutes to the gen- ered under suspension of the rules this after- meeting its obligations to Native tleman from Maryland (Mr. SARBANES). noon. Americans and Native Alaskans. Mr. SARBANES. I thank the gen- 1. H.R. 2362 is redundant and unnecessary Some have suggested that private en- tleman for yielding. I rise in opposition Leasing on tribal lands is an overly complicated system that requires extensive re- terprise on reservations may help sub- to H.R. 2362 because I don’t believe view and Secretarial approval. This legisla- stantially in alleviating that poverty. that the preferential consideration tion may be operationally the same as the And with rising income, many of the which it gives to the interest of one HEARTH Act, which passed the House and social and health-related ills that Na- country, Turkey, can be justified. Senate and is waiting for the President’s sig- tive Americans confront in dispropor- There is no dispute over what many nature, but tribes want both programs to tionate numbers will decline. That of our colleagues have said today, give them the flexibility to address lease re- ought to be a national responsibility, which is that there are tremendous forms using which program best suits their and, really, an obligation. The fact is needs on the part of Native American needs, which is why the National Congress of American Indians and the National Amer- that this act would test the theory by tribes, and a desire I think shared ican Indian Housing Council strongly sup- enabling foreign investors to partner widely here for economic development port this legislation in addition the with Native Americans on reservations opportunities on tribal lands. We all HEARTH Act. to create new businesses and generate know the statistics. But that goal of 2. H.R. 2362 creates an implied preference income where little to none exists achieving enhanced economic develop- for Turkey today. ment on tribal lands has been achieved I authored H.R. 2352 in response to Turkish The legislation complements other through the HEARTH Act. As Con- entities expressing interest in doing business legislation that Congress has already with American Indians. The findings reflect gresswoman MALONEY just indicated a that interest. Despite this, the legislation passed, allowing tribes to simplify leas- minute ago, Michael Black, director of gives no preference to Turkey over any of ing arrangements to address their the Bureau of Indian Affairs, testified the 155 other WTO countries. This legislation housing needs. Go to a reservation and that the HEARTH Act ‘‘fosters the does not alter any leases already in place. I see the housing needs. This bill will same goals identified in H.R. 2362 on a applaud our trading partners engaged in eco- bring new capital into reservations and broader scale.’’ We don’t need this leg- nomic development with Tribes and look for- simplify the arrangements under which islation to accomplish all of the impor- ward to this legislation encouraging expan- long-term leases with private investors tant things that have been articulated sion of those partnerships. 3. This measure is morally wrong can be executed. While the proposal here. American Indians across the United States may initially have focused on foreign I have tremendous respect for Con- face unimaginable poverty. Unemployment investment from one country, Turkey, gressman COLE, and he just gave a very on Indian reservations is unfathomably high. it has been amended to include all 155 powerful articulation of the legacy Economic development on tribal lands is World Trade Organization countries. that he carries in his DNA and why he hampered because of overly complicated and I applaud the government of Turkey is so passionate about these issues, and archaic regulations. It is morally wrong not for coming up with this original pro- we share his perspective on the impor- to do everything in our power to give tribes, posal and for what is a genuine offer of and American citizens, every opportunity to tant need to develop tribal lands, but succeed. While not as sweeping as the assistance and friendship. this particular piece of legislation is HEARTH Act, H.R. 2362 provides tribes with I understand the objections that have redundant at best, and it gives this un- additional tools they need to help them suc- been raised that really have very little justified preference to Turkish inter- ceed. to do with this legislation. ests. 4. Turkey prohibits trade with Armenia, a The SPEAKER pro tempore. The This presents a number of issues. U.S. ally which has tripled its troop deploy- time of the gentleman has expired. First of all, there are some concerns on ment to Afghanistan Mr. HASTINGS of Washington. I the trade front. Now, I understand the Turkey is a NATO ally and a critical and yield the gentleman from Virginia an willing partner in the War on Terror. Turk- bill was amended because originally it ish troops have fought alongside American additional 1 minute. would have given exclusive opportunity soldiers as far back as the Korean Conflict. Mr. MORAN. I thank the gentleman to Turkish enterprises without regard The United States maintains Incirlik Air very much. I appreciate the additional to the rest of the WTO nations. Now Force base in Turkey. While Turkey and Ar- time to make a further point. that’s been changed so other the WTO menia have a long history of conflict, that Turkey and Israel have long enjoyed nations can participate. history is irrelevant to this legislation. This amicable relations. Turkey was the legislation will economically empower In- first Muslim country to recognize the b 1630 dian tribes and help the most disadvantaged State of Israel. The two states remain But if you look at the bill, Turkey’s Americans while providing no special treat- active trade partners. Their bilateral interests are discussed all through it. ment for Turkey over any other WTO member country. trade volume is almost $3 billion. It is It’s infused with language about Tur- Sincerely, Israel’s sixth-largest trading partner. key. The findings section is about Tur- TOM COLE, Israel exports chemicals, agriculture key. And frankly, a Turkish enterprise Member of Congress. products, and high-tech manufacturing could take this bill, once it passed, and

VerDate Mar 15 2010 02:17 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.016 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5095 use it as a passport to get preferential Mr. SABLAN. Mr. Speaker, at this different from those two points. The re- consideration with respect to these time, I yield the remainder of my time ality is it gives no one special pref- economic opportunities. So I think it to the gentleman from Oklahoma (Mr. erences. We tried to listen to that does present some continued concern BOREN). point. with respect to trade concerns. The SPEAKER pro tempore. The gen- I wish other countries were beating But on the foreign policy front, even tleman from Oklahoma is recognized down my door to want to go do work on if you felt it were important to give for 4 minutes. Indian reservations and to want to preferential consideration for purposes Mr. BOREN. Mr. Speaker, I rise partner with Indians. They aren’t. I of a demonstration project or a pilot today in strong—very strong—support know of one country that has really project to one nation’s interest over of H.R. 2362, the Indian Tribal Trade cared enough to do this. others, why would you select the coun- and Investment Demonstration Project Now, there are a range of disputes in try of Turkey given its record? That’s Act of 2011. other areas. Those are legitimate dis- why Ranking Member BERMAN has sent In an effort to reduce unemployment putes, and those are matters that a Dear Colleague letter around urging and incentivize investment, H.R. 2362 ought to be the subject of serious dis- opposition to this bill, because he allows—again, we have said this all cussion and debate on the floor, but knows from a foreign policy standpoint along the debate—all 155 World Trade have nothing to do with this bill. They the record of Turkey. Organization countries to participate have nothing to do with this bill. I have to mention a few of these in a trial trade program directly with They’re about ancient and current things because they’re compelling. In- sovereign Native American tribes in acrimonies and differences that ought creasingly, Turkey has become hostile the United States. Specifically, it to be settled in other forums on other to our ally, Israel, recently threatening would authorize the Secretary of the issues but not on this bill, and cer- to mobilize its air and naval assets to Interior to select up to six tribes to tainly not at the expense of the least escort ships to Gaza and to stop Israel participate in a program that would advantaged, frankly, the most dis- from developing energy sources in its allow them to use their land for eco- advantaged part of our own population. Exclusive Economic Zone in the east- nomic development. I wish I could get more American com- ern Mediterranean. In addition to creating jobs, H.R. 2362 panies that wanted to go on reserva- Secondly, in June of 2010, NATO would provide a path for economic em- tions and sit down and work with peo- member Turkey voted against the powerment of tribes and encourages ple about creating jobs. That’s all this United Nations resolution imposing foreign and domestic investment in In- bill is about. sanctions against Iran to thwart its nu- dian Country. With this bill, we can To those of you that have other con- clear weapons program. give tribes the means and the author- cerns, I recognize the legitimacy of Thirdly, Turkey has just now been ity to address specific issues plaguing those concerns. But I just ask you to put on the U.S. Commission on Inter- Indian Country. focus on the nature of the legislation. national and Religious Freedom watch I want to also, as Mr. MORAN and The New World is supposed to be able list for its widespread discrimination many other members on our side of the to put some of the Old World’s con- of minority religious communities. Fourthly, Turkey has threatened the aisle have done, commend my good troversies behind us, and certainly on a use of force to stop Texas-based Noble friend, Mr. COLE, for his diligence on topic like this. Energy—this is an American com- this issue, for his persistence and for So for those of you, again, that have pany—from drilling for oil and gas off all that he has done for Indian Coun- a different opinion, I respect it. But I the shores of Cyprus and Israel and to try. Mr. COLE mentioned in his debate also point out that Turkey is an ally of blacklist any businesses that work earlier that there are a lot of different the United States. It has been for dec- with Cyprus or Israel for natural re- organizations that are supporting this ades and decades. It’s an important resource extraction. legislation. He talked about NCAI and gional partner for the United States. The SPEAKER pro tempore. The a whole list of others. This strengthens that relationship, as time of the gentleman has expired. Again, if you ask Indian Country, well, and the interest and the commit- Mr. SABLAN. I yield the gentleman 1 ‘‘Do you support this bill?’’ they’re ment in this area is genuine. additional minute. saying, ‘‘Yes.’’ The other people that The SPEAKER pro tempore. The Mr. SARBANES. We’ve heard the dis- are saying, well, we’re opposed to it, time of the gentleman has expired. cussion of how Turkey has continually it’s not coming from Indian Country. Mr. HASTINGS of Washington. I denied the Armenian genocide of 1915 It’s not coming from places like my yield the gentleman 1 additional to 1923 during which 1.5 million Arme- home State of Oklahoma. minute. nians perished and since 1993 has main- So I ask my colleagues that are Mr. COLE. The interest in this area tained a destabilizing blockade of Ar- watching this debate to give their is genuine and real. Shouldn’t that be menia. deepest consideration and to support something we should take and build on Now some would say these are irrele- this legislation. Again, I want to say and try and add to and encourage? vant issues. They’re very relevant. If ‘‘thank you’’ to Mr. COLE, to the chair- There needs to be a competition here. you’re going to choose a country to man and to all the other Members who Let’s build a competition to help In- which you’re going to extend some are supporting this legislation. dian Country. Other countries can step preferential consideration, these kinds Mr. HASTINGS of Washington. Mr. up. Foreign companies can step up. of activities and this kind of legacy Speaker, I am pleased to yield 2 min- Let’s get a blueprint on how to do it. It ought to be part of your consideration. utes again to the author of this legisla- is more complex than we would like to Finally, for more than 38 years, Tur- tion, the gentleman from Oklahoma admit or acknowledge. That’s one of key has illegally occupied the northern (Mr. COLE). the reasons why there’s not American third of the island Republic of Cyprus, Mr. COLE. I thank the gentleman for investments in these places. which is a member of the European yielding. I can take you to some of the Indian Union. In fact, as of July 1, Cyprus as- I want to thank my friends on the reservations in North and South Da- sumed the presidency of the European other side of the aisle for participating kota where the unemployment rate is Union, but Turkey refuses to recognize in the debate. I understand the pas- 80 percent and the State unemploy- this. sions here are high, and I actually re- ment is under 5. Should that tell you These are all relevant to the question spect that a great deal even when I dis- how serious the problem is? I’d like to of whether a preferential consideration agree with the policy conclusions that get anybody interested in helping and ought to be extended to one country. may have led some of my colleagues to. doing it legitimately. It’s not justified, and it’s not war- I do ask you to stop and think, there We now have a level playing field for ranted. I join Ranking Member MAR- is a sort of a contradiction in your ar- everybody. There are no preferences in KEY and Ranking Member BERMAN in gument: It’s both redundant and yet this bill. Let’s encourage other people urging opposition to H.R. 2362. gives special preferences. Both those to join the competition. Have them Mr. HASTINGS of Washington. I re- things can’t be true. It suggests to me come in, and maybe they’ve got a bet- serve the balance of my time. the real argument is fundamentally ter idea and a better way. But in the

VerDate Mar 15 2010 01:33 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.029 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5096 CONGRESSIONAL RECORD — HOUSE July 23, 2012 meantime, we should pass this bill, we development is Indian Country and not to re- b 1640 should get about the business of put- ward or show favoritism to Turkey. The reason BRIDGEPORT INDIAN COLONY ting Americans to work—the first Turkey is directly recognized in this legislation LAND TRUST, HEALTH, AND ECO- Americans—and certainly Americans is to acknowledge its helpful role in developing NOMIC DEVELOPMENT ACT OF on Indian reservations that have every this bill. 2012 obstacle in the world against them. Mr. Speaker, Native Americans suffer from This bill will give one more tool in the the highest unemployment and social illness Mr. HASTINGS of Washington. Mr. toolbox. It’s not a panacea, but it’s a rates reported in the United States. This legis- Speaker, I move to suspend the rules tool they ought to have. lation will be the first step to ameliorating and pass the bill (H.R. 2467) to take cer- Mr. SABLAN. Mr. Speaker, at this those ailments and begin to diversify Indian tain Federal lands in Mono County, time, I would like to inquire if the Country. California, into trust for the benefit of other side has any additional speakers. That is why this legislation is strongly sup- the Bridgeport Indian Colony, as Mr. HASTINGS of Washington. Mr. ported by the National Congress of American amended. Speaker, I would tell my friend I have Indians and the National American Indian The Clerk read the title of the bill. The text of the bill is as follows: no more requests for time, and I am Housing Council two of the nation’s leading prepared to close if the gentleman is. advocacy organizations on behalf of Native H.R. 2467 Mr. SABLAN. Mr. Speaker, then, at Americans. I will continue support legislation Be it enacted by the Senate and House of Representatives of the United States of America this time, I yield back the balance of that invests in our economy and our Indian my time. in Congress assembled, tribes. I urge my colleagues to support this SECTION 1. SHORT TITLE. Mr. HASTINGS of Washington. Mr. demonstration so that we can expand this Speaker, once again, I urge adoption of This Act may be cited as the ‘‘Bridgeport much needed project. Indian Colony Land Trust, Health, and Eco- this legislation, and I yield back the Mr. MARKEY. Mr. Speaker, nothing in H.R. nomic Development Act of 2012’’. balance of my time. 2362 can’t be accomplished by H.R. 205, the SEC. 2. LANDS TO BE TAKEN INTO TRUST. Ms. RICHARDSON. Mr. Speaker, as a HEARTH Act, which passed the House unani- (a) IN GENERAL.—Subject to valid existing member of the Native American Caucus and mously in May and was just last week passed rights and management agreements related co-sponsor, I rise today in support of H.R. by the Senate without change. The President to easements and rights-of-way, all right, title, and interest (including improvements 2362, ‘‘The Indian Tribal Trade and Invest- is expected to sign H.R. 205 into law any day ment Demonstrations Project Act of 2011.’’ and appurtenances) of the United States in now. and to the Federal lands described in sub- This bill authorizes the Secretary of the Inte- Unlike H.R. 2362, the HEARTH Act author- rior to select up to six Indian tribes or con- section (b) are hereby declared to be held in izes all tribes to engage in leasing activities trust by the United States for the benefit of sortia of Indian tribes to participate in an In- with any nation—foreign or domestic—for eco- the Bridgeport Indian Colony, except that dian Tribal Trade and Investment Demonstra- nomic development purposes on tribal lands. It the oversight and renewal of all easements tion Project that facilitates trade and financial does not discriminate based on world geog- and rights-of-way with the Bridgeport Public investment in Indian tribal economies by pri- raphy, or benefit a select few tribes who qual- Utility District in existence on the date of vate entities from Turkey. ify under strict requirements for a time-limited the enactment of this Act shall remain the Tribes selected for the program are to de- responsibility of the Bureau of Land Manage- demonstration project. velop their own guidelines for leasing land and ment. In light of H.R. 205, there is simply no need (b) FEDERAL LANDS DESCRIBED.—The Fed- services to both foreign and domestic compa- for H.R. 2362. It is redundant and unneces- nies for economic development purposes. This eral lands referred to in subsection (a) are sary and should be rejected by the House on the approximately 39.36 acres described as act requires that the Secretary of Interior ap- this basis alone. follows: prove land leasing guidelines only once, re- But there are serious reasons to oppose (1) The South half of the South half of the ducing current multi-layer prohibitive land leas- H.R. 2362. Northwest quarter of the Northwest quarter ing laws. H.R. 2362 is a demonstration By acknowledging Turkey’s ‘‘unique inter- of the Northeast quarter and the North half project, and if successful it would be ex- est’’ in developing tribal economies and in of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section panded. This bill has been amended to ex- building ‘‘robust’’ relationships between it and pand the period of the demonstration project 21, Township 8 North, Range 23 East, Mount tribal communities, this legislation rewards a Diablo Meridian, containing 7.5 acres, more from one to three years to allow reasonable country with a terrible history of human rights time for Tribes to draft leasing regulations, at- or less, as identified on the map titled and religious freedom violations, threats to ‘‘Bridgeport Camp Antelope Parcel’’ and tain approval by the Secretary of Interior, and U.S. commercial interests in Cyprus, and— dated July 26, 2010. enter into a lease. most importantly—its refusal to acknowledge (2) Lots 1 and 2 of the Bureau of Land Man- Economic development on tribal lands is the Armenian Genocide which resulted in the agement survey plat entitled ‘‘Dependent re- hampered by a restrictive and archaic leasing deaths of 1.5 million people. survey of a portion of the subdivision of Sec- system that requires applications to go The manager’s amendment to include WTO tion 28, designed to restore the corners in their true original locations according to the through multiple levels of review and can countries does not change the fact that Turkey sometimes take up to six years. Examples of best available evidence, and the further sub- is singled out for preferential treatment and division of Section 28 and the metes and projects delayed by this application process: will benefit through increased investment op- Round Valley Indian Housing Authority has bounds survey of a portion of the right-of- portunities in Indian country. way of California State Highway No. 182, been waiting for nine years for BIA to process Congress should not be in the business of Township 5 North, Range 25 East, Mount a lease for a large housing project. In 2006, rewarding countries with appalling records on Diablo Meridian, California’’ and dated Feb- the Swinomish made a deal with Wal-Mart to human rights to develop economic ties to In- ruary 21, 2003 containing 31.86 acres, more or build a store on the reservation. The BIA re- dian country on a preferential basis. less. gional office sat on the lease for two years I urge a ‘‘no’’ vote. (c) AVAILABILITY OF MAP.—The maps re- and Wal-Mart pulled out of the deal after the The SPEAKER pro tempore. The ferred to in subsection (b) shall be on file and 2008 financial crisis. available for public inspection at the office question is on the motion offered by of the California State Director, Bureau of During a hearing on the bill held in the Sub- the gentleman from Washington (Mr. committee on Indian and Alaska Native Af- Land Management. HASTINGS) that the House suspend the (d) GAMING.—Land taken into trust under fairs, a tribal witness explained that Turkey rules and pass the bill, H.R. 2362, as this section shall not be eligible for, or con- has a long track record of promoting good re- amended. sidered to have been taken into trust for, lations and trade between its private business The question was taken. class II gaming or class III gaming (as those community and Indian tribes in the United The SPEAKER pro tempore. In the terms are defined in section 4 of the Indian States. The intent of the bill is to further such opinion of the Chair, two-thirds being Gaming Regulatory Act (25 U.S.C. 2703)). relations to increase private business develop- in the affirmative, the ayes have it. The SPEAKER pro tempore. Pursu- ment in Indian Country where economic diver- Mr. SARBANES. Mr. Speaker, on ant to the rule, the gentleman from sification is greatly needed. This bill also al- that I demand the yeas and nays. Washington (Mr. HASTINGS) and the lows all 155 members of the World Trade Or- The yeas and nays were ordered. gentleman from the Northern Mariana ganization (WTO) an equal opportunity to in- The SPEAKER pro tempore. Pursu- Islands (Mr. SABLAN) each will control vest in Indian tribal economies. ant to clause 8 of rule XX, further pro- 20 minutes. Mr. Speaker, the major purpose and domi- ceedings on this question will be post- The Chair recognizes the gentleman nant aim of this bill is to promote economic poned. from Washington.

VerDate Mar 15 2010 01:33 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.030 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5097 GENERAL LEAVE II and class III gaming on the public service. Currently, members of the Mr. HASTINGS of Washington. Mr. lands. tribe have to drive 90 miles to Bishop Speaker, I ask unanimous consent that With that, the bill is a good bill, and to obtain health care services. all Members may have 5 legislative I urge its passage. I reserve the balance In the 1980s, the tribe applied for and days to revise and extend their re- of my time. received a community development marks and add extraneous material on Mr. SABLAN. Mr. Speaker, I yield block grant from the Department of the bill under consideration. myself such time as I may consume. Housing and Urban Development in The SPEAKER pro tempore. Is there (Mr. SABLAN asked and was given order to build a health care facility in objection to the request of the gen- permission to revise and extend his re- Mono County. With Toiyabe Indian tleman from Washington? marks.) Health Project directing the project, There was no objection. Mr. SABLAN. Mr. Speaker, H.R. 2467 the Camp Antelope Health Clinic was Mr. HASTINGS of Washington. I would transfer two parcels of Federal built on a 7.16-acre parcel of Federal yield myself such time as I may con- land into trust for the exclusive benefit land one mile north of Walker, Cali- sume. of the Bridgeport Indian Colony, a Fed- fornia, approximately 30 miles from Mr. Speaker, H.R. 2467, which is spon- erally recognized Indian tribe located the tribe’s reservation—60 miles closer sored by our colleague from California in rural Mono County, California. than the Bishop health clinic. Unfortu- (Mr. MCKEON), places two parcels of The tribe seeks to expand its reserva- nately, the Toiyabe Indian Health land in trust for a tribe in his district tion in order to address its additional Project closed the Camp Antelope known as the Bridgeport Indian Col- housing and community development Health Clinic in 2006. ony. This is a small tribe located in a needs, as well as to address its need for The tribe and the Toiyabe Indian fairly remote area in eastern Cali- a local community health services clin- Health Project have agreed that the fornia. ic that will service Indian and non-In- health clinic needs to be reopened, and The two parcels are approximately 40 dians in the area. the investment of the Federal funds in acres of public land currently adminis- I urge my colleagues to support H.R. the development of the health clinic tered by the Bureau of Land Manage- 2467, and I reserve the balance of my from the CDBG grant adds to the im- ment. One parcel is a 32-acre tract lo- time. portance of maintaining the parcel cated along Highway 182, adjacent to Mr. HASTINGS of Washington. Mr. under Federal ownership. the tribe’s existing reservation. The Speaker, I’m very pleased to yield 5 Mr. Speaker, throughout the process tribe states that it intends to use the minutes to the author of this legisla- of developing this legislation, I worked lands for housing and related commu- tion, the gentleman from California closely with the tribe and the Bridge- nity development because its existing (Mr. MCKEON). port Public Utility District to mitigate reservation is running out of room for Mr. MCKEON. Mr. Speaker, I rise any concerns that the utility district additional uses. today in support of my legislation, had regarding the rights of way of an The other parcel is a 7.5-acre tract lo- H.R. 2467, the Bridgeport Indian Colony easement which crosses the first parcel cated 30 miles off the tribe’s reserva- Land Trust, Health, and Economic De- proposed for transfer from the BLM to tion. The tribe originally leased this velopment Act of 2012. I want to thank the BIA in trust to the tribe. The serv- property from the Bureau of Land Man- Chairman HASTINGS and Ranking Mem- ices provided by the utility district, agement for a health clinic which ber MARKEY, as well as subcommittee both to the community of Bridgeport closed several years ago. The tribe still Chairman YOUNG and Ranking Member as well as to the tribe, depend on the owns the building and has expressed its LUJA´ N, for giving my legislation a fair infrastructure where this easement is intent to reopen the clinic, but without hearing and moving the bill through located. Currently, the easement is ownership of the property in trust it is the committee. managed by the BLM and is subject to unlikely this purpose can be achieved. Mr. Speaker, the Bridgeport Indian periodic renewal. I clarified in my leg- Hearings were held on a similar bill Colony is a Federally recognized Indian islation that this easement should con- in the last Congress, and the Sub- tribe with a reservation located near tinue to be managed by the BLM, as committee on Indian and Alaska Na- the town of Bridgeport in Mono Coun- this has proven successful. The Mono County Board of Super- tive Affairs held a hearing this year. ty, California. The tribe’s reservation visors voted to support the land trans- The Department of the Interior has not is approximately 40 acres and was es- fer in October of 2009 and agreed unani- expressed reservations with holding tablished by Federal law in 1974. How- mously in April of 2010 to enter into a these public lands in trust for the ever, the size of the current reservation memorandum of understanding with tribe, nor has it requested the tribe to is insufficient for the tribe’s housing the tribe, thus supporting the tribe’s pay for the public land. and community development needs. efforts to have these parcels of land Though the committee has heard no In order to create space for economic transferred into trust. Additionally, opposition to the bill, the local public development and housing, my legisla- there is language contained in my bill utility district serving the city of tion proposes to transfer from the BLM that clarifies that there will be no new Bridgeport requested language to clar- to the BIA to hold in trust for the tribe gaming on lands that are acquired by ify that existing easements serving the one parcel of land contiguous to the the tribe. district’s customers remain the respon- tribe’s existing reservation, totaling Mr. Speaker, thank you for giving sibility of the BLM. The bill’s sponsor, approximately 31 acres. On this parcel, my bill time on the floor. The addi- Mr. MCKEON, worked out language, the tribe plans to construct an RV tional land will be greatly beneficial to after consulting with all affected par- park, gas station, convenience store, the Bridgeport Indian Tribe, and I urge ties, to ensure this request was appro- and residential housing for tribal mem- Members to support this vital legisla- priately handled for the benefit of the bers, as well as a recreational center to tion. town and of the tribe. serve the greater community. Mr. SABLAN. Mr. Speaker, may I I want to point out that while the Mr. Speaker, many tribal members ask if there are additional speakers on bill was reported by the Natural Re- have expressed interest in moving back the other side? sources Committee without objection to the reservation if housing and job Mr. HASTINGS of Washington. Mr. from its members, it lacked language opportunities can be made available. Speaker, I tell my friend I have no re- addressing potential tribal gambling And this bill will create jobs in a part quests for time, and I am prepared to rights on the new trust land. Because of my district where unemployment is yield back if the gentleman is. the expansion of gambling under the over 10 percent. Mr. SABLAN. Mr. Speaker, we also Indian Gaming Regulatory Act may Additionally, my legislation would urge the support and passage of this cause concern among many Members in promote the health care of the tribe legislation, and I yield back the bal- the House, and because the primary and community by taking into trust a ance of my time. purpose of the lands, as explained by 7-acre BLM parcel where the Toiyabe Mr. HASTINGS of Washington. Mr. the tribe, is not for operating a casino, Indian Health Project previously Speaker, this is a good piece of legisla- the text of the bill before us today in- served the community, allowing the tion; I urge its passage. And I yield cludes new language prohibiting class clinic to be reopened and returned to back the balance of my time.

VerDate Mar 15 2010 02:17 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.033 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5098 CONGRESSIONAL RECORD — HOUSE July 23, 2012 The SPEAKER pro tempore. The I want to commend Mr. HARPER of it’s become a needless cost and burden question is on the motion offered by Mississippi and Mr. OWENS of New York to automobile dealers nationwide. the gentleman from Washington (Mr. for their bipartisan work on H.R. 5859, Today, we have an opportunity to HASTINGS) that the House suspend the as well as Chairman UPTON and Rank- tow this clunker of a regulation to the rules and pass the bill, H.R. 2467, as ing Member WAXMAN for their leader- junkyard where it belongs and to pro- amended. ship in moving this legislation forward. vide America’s nearly 20,000 auto- The question was taken; and (two- I also want to thank my good friend mobile dealers with some important thirds being in the affirmative) the and colleague, Mr. BUTTERFIELD of regulatory relief. rules were suspended and the bill, as North Carolina, our subcommittee’s Mr. Speaker, I reserve the balance of amended, was passed. ranking member, for his help with our my time. A motion to reconsider was laid on efforts to repeal this costly and out- Mr. BUTTERFIELD. Mr. Speaker, I the table. dated provision of the law. yield myself such time as I may consume. f Additionally, just this morning, I received word that the five leading auto- Mr. Speaker, H.R. 5859 repeals a pro- b 1650 motive trade associations in the U.S., vision of law related to the reporting of REPEAL OF PROVISION RELATING including the National Automobile automobile insurance cost. This provi- TO MOTOR VEHICLE INSURANCE Dealers Association, are all supportive sion requires car dealers to make available to prospective buyers information COST REPORTING of H.R. 5859, and here’s why. In 1993, NHTSA issued a final rule re- that compares insurance costs for dif- Mrs. BONO MACK. Mr. Speaker, I quiring new-car dealers to make avail- ferent vehicles based on damage sus- move to suspend the rules and pass the able to buyers a booklet containing the ceptibility. bill (H.R. 5859) to repeal an obsolete latest information on insurance costs. While I am always wary of any at- provision in title 49, United States The information is updated by NHTSA tempts to limit consumer information, Code, requiring motor vehicle insur- annually, based on data from the High- clearly, the provision of law that H.R. ance cost reporting, as amended. 5859 would repeal is simply not working way Loss Data Institute. The Clerk read the title of the bill. The information required by this reg- as intended. The text of the bill is as follows: Every year, the National Highway ulation is rarely sought by consumers Traffic Safety Administration, or H.R. 5859 and its value is highly questionable. In- NHTSA, as we call it, produces and Be it enacted by the Senate and House of Rep- surance premiums are based primarily sends to auto dealers a booklet con- resentatives of the United States of America in on factors that are unrelated to the Congress assembled, taining insurance cost information. susceptibility of damage to a vehicle, SECTION 1. REPEAL. Dealers have told us that very few con- including the driver’s age, driving Subsection (c) of section 32302 of title 49, sumers even ask for the booklet. Yet, record, location, and miles driven. United States Code, is repealed, and any regula- under Federal law, NHTSA is still re- Additionally, a recent survey of 850 tions promulgated under such subsection shall quired to produce and distribute these members of the National Automobile have no force or effect. booklets, and dealers are still required Dealers Association reported 96 percent SEC. 2. DETERMINATION REGARDING PROVISION to make them available. OF DAMAGE SUSCEPTIBILITY INFOR- of its dealers have never been asked by MATION TO CONSUMERS. I am not opposed, Mr. Speaker, to a customer—not even once—to see the ending the current reporting mandate. (a) IN GENERAL.—Section 32302(b) of title 49, insurance cost booklet that is at issue United States Code, is amended by adding at the However, we should not repeal this here today. mandate without acknowledging that end the following: ‘‘The Secretary, after pro- Clearly, this is yet another example viding an opportunity for public comment, shall the impetus behind the original provi- of where the cost of a Federal regula- study and report to Congress the most useful sion is sound. The purpose of the provi- data, format, and method for providing simple tion outweighs its potential benefit. As sion was to give consumers a basis for and understandable damage susceptibility infor- a nation, we simply cannot afford to comparing damageability risk at the mation to consumers.’’. keep doing business that way. And point of sale. (b) DEADLINE.—The Secretary of Transpor- frankly, the current law has more Damageability is about how much tation shall carry out the last sentence of sec- problems than an old, dirty, oil-burn- damage a car is likely to sustain when tion 32302(b) of title 49, United States Code, as ing engine. added by subsection (a), not later than the date a collision occurs, even at very low Today, new-car dealers face civil pen- speed. The law also intended to create that is 2 years after the date of the enactment alties if they do not provide, upon re- of this Act. an incentive for manufacturers to quest, the booklet that discloses the The SPEAKER pro tempore. Pursu- produce cars which are more resistant relative cost to repair vehicles after a to damage and less expensive to repair ant to the rule, the gentlewoman from collision, yet the data is completely California (Mrs. BONO MACK) and the and service. generic and skewed by averaging the Whether you think the current re- gentleman from North Carolina (Mr. repair costs of everything from fender- quirement is a nuisance for auto deal- BUTTERFIELD) each will control 20 min- benders to vehicle rollovers. How is ers or you think that NHTSA has utes. this useful information to consumers missed the mark in its implementation The Chair recognizes the gentle- at the point of sale? of the mandate, I think we should ac- woman from California. Even more troubling, this informa- cept that consumers continue to have a Mrs. BONO MACK. Mr. Speaker, I tion is not always accurate or up to legitimate interest in minimizing the yield myself such time as I may con- date. For the most part, it is simply a costs associated with minor collisions. sume. compilation of historical information Therefore, I would like to thank Con- GENERAL LEAVE and does not take into account new gressman HARPER for his interest in Mrs. BONO MACK. Mr. Speaker, I model year changes that can signifi- this; Congressman OWENS, on our side ask unanimous consent that all Mem- cantly alter how a car performs in a of the aisle, from New York, who was bers have 5 legislative days in which to crash. one of the original Members of Con- revise and extend their remarks and to And finally, even the administration gress who presented this idea; Chair- insert extraneous materials into the suggests this requirement should be man BONO MACK and Chairman UPTON RECORD on H.R. 5859. eliminated. In technical comments pro- and Ranking Member WAXMAN for all The SPEAKER pro tempore. Is there vided earlier this year to Congress, working with me to include alongside objection to the request of the gentle- NHTSA describes the data as, and I’m the repeal a requirement that NHTSA woman from California? quoting now: thoroughly examine—that would be the There was no objection. rarely used and not useful because the dif- requirement—that NHTSA would thor- Mrs. BONO MACK. Today, we have an ferences in rates due to loss payments are oughly reexamine the issue of how best opportunity to slam the car door on an overshadowed by differences in premiums to inform prospective buyers about obsolete provision in the United States due to driver demographics, geographic loca- damage susceptibility. Code requiring motor vehicle insurance tion, and the relative prices of the vehicles. I think we have struck the right bal- cost reporting, which is of little or no In other words, the requirement is ance. We fix a valid problem and keep use to American consumers. simply not working as intended, and in place a valuable principle.

VerDate Mar 15 2010 02:40 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.035 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5099 Under the bill before us, NHTSA whelming 96 percent of the dealers an- those in my congressional district. I would have 2 years—2 years—to con- swered that not a single customer had believe actions like this make common duct a study, solicit public comment, ever even asked for a booklet. I would sense, and I urge more of it. and issue a report to Congress that will like to make note that, if this regula- Over the past 21 years, NHTSA has determine the most useful data, for- tion is repealed, the data will still be spent hundreds of thousands of dollars mat, and method for providing simple compiled, and NHTSA will still have distributing this information, much of and understandable damage suscepti- the discretion to provide this informa- which is unnecessary for an average bility information to consumers. The tion to consumers on their Web sites. customer who is trying to make an in- agency would evaluate whether insur- We have heard from witnesses like formed decision in the showroom. Re- ance costs are the best measure of Mr. Jack Fitzgerald, who has been in cent surveys show that few, if any, cus- damage susceptibility or whether there the car business all of his life. Neither tomers ask for this information in a is a better way to make comparisons he nor his employees have ever been given year. In fact, as much as 96 per- between vehicles and a better way to asked for a copy of this booklet. In my cent of auto dealers have never once make such information available to home State of Mississippi, Butch been asked for this information at all. consumers. Oustalet of Butch Oustalet Ford Lin- Putting information in the hands of Mr. Speaker, I’ve said time and time coln in Gulfport, informed my staff consumers is sensible. For the average again that information is power, and that, despite selling thousands of vehi- American family, buying a car is a that is certainly true. For example, the cles to so many people over the years, major expense. Most people will con- NHTSA program Stars on Cars, which not one customer has ever asked for sider price, safety ratings, and other provides crashworthiness information this booklet. Barker Honda of features, and will compare a number of to consumers, gives prospective car Brookhaven and New South Ford of makes and models before making a buyers information they need about Meridian also reported that no cus- purchase. However, the data show that how well a vehicle will protect them tomer has ever asked for a copy of this few American families make NHTSA’s and their family in the event of a booklet. When customers go into a Relative Collision Insurance Cost In- crash. And car companies now rou- dealership and ask what their insur- formation booklet a part of that deci- tinely compete to make safer cars that ance premiums will be, they all agree sion-making process. better protect passengers. that the best way to get accurate With that in mind, our legislation If we pass H.R. 5859, complete with a quotes is for them to simply contact simply ensures that auto dealers will provision to get NHTSA to find a bet- their insurance agents. no longer be required to make this un- ter way for consumers to get important This simple and bipartisan bill, if used information available to their damageability information, the same passed, would show that Congress is se- customers at taxpayer expense. At the may be accomplished in this case. And rious about efforts to alleviate burden- same time, the bill allows NHTSA and so, therefore, I join my colleagues in some and unneeded regulations on the Highway Loss Data Institute com- asking all of our colleagues to vote for businesses across this country. The plete flexibility to make this informa- this amendment. President states that it is a priority of tion available online, which HLDI has I reserve the balance of my time. his administration’s to get rid of ab- said it will do. This is an example of Mrs. BONO MACK. Mr. Speaker, I am surd and unnecessary paperwork re- the commonsense bipartisanship we pleased to yield 5 minutes to the gen- quirements that waste time and need to see more of, working together tleman from Mississippi (Mr. HARPER), money. I say that Congress should lead to reduce outdated, unnecessary or a terrific member of the Commerce, now with H.R. 5859. overly burdensome regulations to Manufacturing, and Trade Sub- I would like to thank Subcommittee thebenefit of businesses, families, and committee. Chairman BONO MACK, Chairman taxpayers at large. Mr. HARPER. Mr. Speaker, I’m UPTON and the Energy and Commerce I thank Mr. HARPER for his leader- proud to be the lead sponsor of H.R. Committee for moving H.R. 5859. I ship on this issue and for working with 5859. This bipartisan bill repeals an ob- would also like to thank Congressman me to get this done for auto dealers solete mandate that the National High- BILL OWENS from New York for his across the country. Moreover, I am way Traffic Safety Administration has hard work and leadership on this legis- pleased to have had the opportunity to said is rarely used and not helpful. lation. have worked with my colleagues from Since 1991, the Department of Trans- Mr. BUTTERFIELD. Mr. Speaker, I both sides of the aisle in order to help portation has annually distributed by yield such time as he may consume to make government work better. I urge a mail a document, entitled, ‘‘Relative the gentleman from New York (Mr. ‘‘yes’’ vote on this legislation. Collision Insurance Cost Information.’’ OWENS). Mrs. BONO MACK. Mr. Speaker, I This information is sent by mail to Mr. OWENS. I thank my colleague. yield 5 minutes to the gentleman from new-vehicle dealers who are required to Mr. Speaker, I rise today to join Mr. Pennsylvania (Mr. KELLY). make the information available to pro- HARPER as an original cosponsor to Mr. KELLY. I thank the gentlelady spective new-vehicle customers upon offer legislation to repeal an outdated from California. request. mandate on auto dealerships across the Mr. Speaker, I rise today to urge the country. b 1700 passage of H.R. 5859. This legislation Under current rules, the National repeals a requirement that auto dealers NHTSA has spent hundreds of thou- Highway Traffic Safety Administration provide consumers with an insurance sands of dollars distributing this book- is required to distribute a hard copy in- cost booklet. let over the past 21 years. While this formation booklet on vehicle insurance I actually know about this because I information is of value to insurance ac- costs to auto dealers. In addition, those am an automobile dealer, and I’ve tuaries, it has been of little or no use auto dealers are then required to keep spent 45 years in the showroom and on to consumers—for whom it is primarily the booklet on hand and make it avail- the lots. To the best of my recollec- intended. Insurance premiums are set able to prospective customers. tion—and we service anywhere from 800 through numerous factors that take Before coming to Congress, I had the to 1,000 people a month—nobody has into account driver characteristics, opportunity to represent Bill McBride ever come into our showroom and ever such as age, gender, marital status, and Gerry Garrand, two auto dealers asked for that booklet. It just never driving record, and geographical loca- located in Plattsburgh, New York. happens. This booklet has information tion. No brochure produced annually Working alongside the McBride and that is useless and totally irrelevant to by the Federal Government can accu- Garrand teams helped me better under- the average consumer. rately gauge a prospective new car stand the automobile retail market Let me read from the booklet: owner’s insurance premium cost. and the pressure dealers are under to The table presents vehicles’ collision loss A recent survey by the National remain competitive. Today, we have a experience in relative terms, with 100 rep- Automobile Dealers Association con- chance to remove a regulation, which resenting the average for all passenger vehi- firmed what was expected: out of 800 we can all agree is outdated, for the cles. Thus, a rating of 122 reflects a collision new car dealers polled, an over- benefit of taxpayers and businesses like loss experience that is 22 percent higher, or

VerDate Mar 15 2010 02:41 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.040 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5100 CONGRESSIONAL RECORD — HOUSE July 23, 2012 worse, than average while a rating of 96 re- In 1993, this insurance reporting pro- (E) that the releasable portions of the Ad- flects a collision loss experience that is 4 vision probably made sense. ministrator’s investigative report will be percent lower, or better, than average. available to the individual; and It goes on to say: b 1710 (F) that the individual is entitled to access But today, after being road tested or otherwise obtain air traffic data described It is unlikely your total premium will vary in paragraph (4). more than 10 percent depending upon the col- now for nearly 20 years and with so (3) EXCEPTION.—The Administrator may lision loss experience of a particular vehicle. much information currently available delay timely notification under paragraph It then goes on to say that, if you to consumers simply on the Internet, (1) if the Administrator determines that such really want to find out about the insur- the Kelley Blue Book value on this reg- notification may threaten the integrity of ance, what you really need to do is to ulation is just darn near next to noth- the investigation. contact the insurance carriers or the ing. Let’s junk it and move on. (4) ACCESS TO AIR TRAFFIC DATA.— companies directly. With that, Mr. Speaker, I urge pas- (A) FAA AIR TRAFFIC DATA.—The Adminis- trator shall provide an individual described Do you know what? I didn’t want to sage of this bill, and I yield back the in paragraph (1) with timely access to any base it just on what I know. I’ve talked balance of my time. air traffic data in the possession of the Fed- to a lot of my friends who are also in The SPEAKER pro tempore. The eral Aviation Administration that would fa- the automobile business, and I’ve asked question is on the motion offered by cilitate the individual’s ability to produc- them, Have you ever had anybody walk the gentlewoman from California (Mrs. tively participate in a proceeding relating to in the store and ask for this? They’ve BONO MACK) that the House suspend an investigation described in such para- said, Absolutely not. It has never hap- the rules and pass the bill, H.R. 5859, as graph. (B) AIR TRAFFIC DATA DEFINED.—As used in pened. amended. subparagraph (A), the term ‘‘air traffic data’’ We called the NHTSA hotline, the The question was taken; and (two- includes— booklet hotline. The representative thirds being in the affirmative) the (i) relevant air traffic communication said—and this is NHTSA’s representa- rules were suspended and the bill, as tapes; tive—I have no idea about the booklet. amended, was passed. (ii) radar information; He said, Do you know what you need to A motion to reconsider was laid on (iii) air traffic controller statements; do? You need to call your insurance the table. (iv) flight data; (v) investigative reports; and agent. Now, this is NHTSA’s person. f (vi) any other air traffic or flight data in This is their hotline. the Federal Aviation Administration’s pos- Last month—again, not relying on PILOT’S BILL OF RIGHTS session that would facilitate the individual’s my 45 years of experience—I went back Mr. BUCSHON. Mr. Speaker, I move ability to productively participate in the into our store, and I went to one of our to suspend the rules and pass the bill proceeding. sales meetings. I asked our guys and (S. 1335) to amend title 49, United (C) GOVERNMENT CONTRACTOR AIR TRAFFIC DATA.— our girls, who have a combined sales States Code, to provide rights for pi- experience of 250 years, Listen, I’ve (i) IN GENERAL.—Any individual described lots, and for other purposes. in paragraph (1) is entitled to obtain any air never had this happen, but has anybody The Clerk read the title of the bill. traffic data that would facilitate the individ- ever come in and asked for this insur- The text of the bill is as follows: ual’s ability to productively participate in a ance collision loss booklet? Nobody— S. 1335 proceeding relating to an investigation de- nobody—had heard of it. Nobody has scribed in such paragraph from a government Be it enacted by the Senate and House of Rep- contractor that provides operational services ever come in—zero, nada—and asked resentatives of the United States of America in to the Federal Aviation Administration, infor that booklet. Congress assembled, Now, here is the deal. Dealers have to cluding control towers and flight service sta- SECTION 1. SHORT TITLE. tions. have this booklet available. Should This Act may be cited as the ‘‘Pilot’s Bill (ii) REQUIRED INFORMATION FROM INDI- somebody ask for it and you can’t proof Rights’’. VIDUAL.—The individual may obtain the in- vide it, there is a fine of $1,000 per oc- SEC. 2. FEDERAL AVIATION ADMINISTRATION EN- formation described in clause (i) by submit- currence with a max of $400,000. That’s FORCEMENT PROCEEDINGS AND ting a request to the Administrator that— what the fine is capped at. So, if some- ELIMINATION OF DEFERENCE. (I) describes the facility at which such in- body comes into the showroom and (a) IN GENERAL.—Any proceeding con- formation is located; and asks for the booklet and you don’t have ducted under subpart C, D, or F of part 821 of (II) identifies the date on which such infor- title 49, Code of Federal Regulations, relat- it and you get audited on it, it’s $1,000. mation was generated. ing to denial, amendment, modification, sus- (iii) PROVISION OF INFORMATION TO INDI- Unfortunately, the government caps it pension, or revocation of an airman certifi- VIDUAL.—If the Administrator receives a re- at $400,000. cate, shall be conducted, to the extent prac- quest under this subparagraph, the Adminis- So, when you look at these things, ticable, in accordance with the Federal trator shall— again, the unintended consequences Rules of Civil Procedure and the Federal (I) request the contractor to provide the have such a dire effect on the American Rules of Evidence. requested information; and people. These are taxpayer dollars that (b) ACCESS TO INFORMATION.— (II) upon receiving such information, are being wasted on information that is (1) IN GENERAL.—Except as provided under transmitting the information to the request- paragraph (3), the Administrator of the Fed- irrelevant, never asked for. Nobody ing individual in a timely manner. eral Aviation Administration (referred to in (5) TIMING.—Except when the Adminis- cares about it. So I join my colleagues. this section as the ‘‘Administrator’’) shall trator determines that an emergency exists I thank Mr. OWENS, and I also thank provide timely, written notification to an in- under section 44709(c)(2) or 46105(c), the Ad- Mr. HARPER and Mrs. BONO MACK for dividual who is the subject of an investiga- ministrator may not proceed against an indi- bringing this forward today. It is an- tion relating to the approval, denial, suspen- vidual that is the subject of an investigation other waste of taxpayer money that sion, modification, or revocation of an air- described in paragraph (1) during the 30-day serves no purpose to the American peo- man certificate under chapter 447 of title 49, period beginning on the date on which the ple. I urge the passage of H.R. 5859. United States Code. air traffic data required under paragraph (4) Mr. BUTTERFIELD. I don’t have any (2) INFORMATION REQUIRED.—The notifica- is made available to the individual. tion required under paragraph (1) shall in- (c) AMENDMENTS TO TITLE 49.— more speakers on my side. form the individual— (1) AIRMAN CERTIFICATES.—Section I yield back the balance of my time. (A) of the nature of the investigation; 44703(d)(2) of title 49, United States Code, is Mrs. BONO MACK. In closing, I just (B) that an oral or written response to a amended by striking ‘‘but is bound by all want to strongly urge the passage of Letter of Investigation from the Adminis- validly adopted interpretations of laws and H.R. 5859. It passed unanimously out of trator is not required; regulations the Administrator carries out the Energy and Commerce Committee. (C) that no action or adverse inference can unless the Board finds an interpretation is Again, I would like to thank Mr. be taken against the individual for declining arbitrary, capricious, or otherwise not ac- BUTTERFIELD for his hard work, and I to respond to a Letter of Investigation from cording to law’’. would like to thank the staff for their the Administrator; (2) AMENDMENTS, MODIFICATIONS, SUSPEN- (D) that any response to a Letter of Inves- SIONS, AND REVOCATIONS OF CERTIFICATES.— hard work and for the bipartisan na- tigation from the Administrator or to an in- Section 44709(d)(3) of such title is amended ture that we all approached this with. quiry made by a representative of the Ad- by striking ‘‘but is bound by all validly I would also like to thank my staff for ministrator by the individual may be used as adopted interpretations of laws and regula- their hard work. evidence against the individual; tions the Administrator carries out and of

VerDate Mar 15 2010 02:41 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.042 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5101 written agency policy guidance available to (C) to apply filters so that pilots can (A) the application of such medical stand- the public related to sanctions to be imposed prioritize critical flight safety information ards provides an appropriate and fair evalua- under this section unless the Board finds an from other airspace system information. tion of an individual’s qualifications; and interpretation is arbitrary, capricious, or (b) GOALS OF PROGRAM.—The goals of the (B) the individual understands the basis for otherwise not according to law’’. NOTAM Improvement Program are— determining medical qualifications. (3) REVOCATION OF AIRMAN CERTIFICATES (1) to decrease the overwhelming volume of (c) ADVICE FROM PRIVATE SECTOR FOR CONTROLLED SUBSTANCE VIOLATIONS.— NOTAMs an airman receives when retrieving GROUPS.—The Administrator shall establish Section 44710(d)(1) of such title is amended airman information prior to a flight in the a panel, which shall be comprised of rep- by striking ‘‘but shall be bound by all validly national airspace system; resentatives of relevant nonprofit and not- adopted interpretations of laws and regula- (2) make the NOTAMs more specific and for-profit general aviation pilot groups, avia- tions the Administrator carries out and of relevant to the airman’s route and in a for- tion medical examiners, and other qualified written agency policy guidance available to mat that is more useable to the airman; medical experts, to advise the Administrator the public related to sanctions to be imposed (3) to provide a full set of NOTAM results in carrying out the goals of the assessment under this section unless the Board finds an in addition to specific information requested required under this section. interpretation is arbitrary, capricious, or by airmen; (d) FEDERAL AVIATION ADMINISTRATION RE- otherwise not according to law’’. (4) to provide a document that is easily SPONSE.—Not later than 1 year after the issuance of the report by the Comptroller (d) APPEAL FROM CERTIFICATE ACTIONS.— searchable; and General pursuant to subsection (a)(2), the (1) IN GENERAL.—Upon a decision by the (5) to provide a filtering mechanism simi- National Transportation Safety Board up- lar to that provided by the Department of Administrator shall take appropriate actions holding an order or a final decision by the Defense Notices to Airmen. to respond to such report. Administrator denying an airman certificate (c) ADVICE FROM PRIVATE SECTOR The SPEAKER pro tempore. Pursu- under section 44703(d) of title 49, United GROUPS.—The Administrator shall establish ant to the rule, the gentleman from In- States Code, or imposing a punitive civil ac- a NOTAM Improvement Panel, which shall diana (Mr. BUCSHON) and the gentleman tion or an emergency order of revocation be comprised of representatives of relevant from Illinois (Mr. COSTELLO) each will under subsections (d) and (e) of section 44709 nonprofit and not-for-profit general aviation control 20 minutes. of such title, an individual substantially af- pilot groups, to advise the Administrator in The Chair recognizes the gentleman fected by an order of the Board may, at the carrying out the goals of the NOTAM Im- from Indiana. individual’s election, file an appeal in the provement Program under this section. GENERAL LEAVE United States district court in which the in- (d) PHASE-IN AND COMPLETION.—The im- dividual resides or in which the action in provements required by this section shall be Mr. BUCSHON. Mr. Speaker, I ask question occurred, or in the United States phased in as quickly as practicable and shall unanimous consent that all Members District Court for the District of Columbia. be completed not later than the date that is have 5 legislative days in which to re- If the individual substantially affected by an 1 year after the date of the enactment of this vise and extend their remarks and in- order of the Board elects not to file an ap- Act. clude extraneous materials on S. 1335. peal in a United States district court, the individual may file an appeal in an appropriate SEC. 4. MEDICAL CERTIFICATION. The SPEAKER pro tempore. Is there United States court of appeals. (a) ASSESSMENT.— objection to the request of the gen- (2) EMERGENCY ORDER PENDING JUDICIAL RE- (1) IN GENERAL.—Not later than 180 days tleman from Indiana? VIEW.—Subsequent to a decision by the after the date of the enactment of this Act, There was no objection. Board to uphold an Administrator’s emer- the Comptroller General of the United States Mr. BUCSHON. Mr. Speaker, I yield gency order under section 44709(e)(2) of title shall initiate an assessment of the Federal myself such time as I may consume. 49, United States Code, and absent a stay of Aviation Administration’s medical certifi- I rise in strong support of the Pilot’s the enforcement of that order by the Board, cation process and the associated medical Bill of Rights. the emergency order of amendment, modi- standards and forms. S. 1335, the Pilot’s Bill of Rights, is (2) REPORT.—The Comptroller General fication, suspension, or revocation of a cer- intended to restore fairness to airmen tificate shall remain in effect, pending the shall submit a report to Congress based on exhaustion of an appeal to a Federal district the assessment required under paragraph (1) and Federal Aviation Administration court as provided in this Act. that examines— enforcement proceedings by providing (A) revisions to the medical application airmen timely access to critical infor- (e) STANDARD OF REVIEW.— form that would provide greater clarity and (1) IN GENERAL.—In an appeal filed under mation and adding an additional level subsection (d) in a United States district guidance to applicants; of appeal for airmen disputing enforce- court, the district court shall give full inde- (B) the alignment of medical qualification ment action. This bill also requires the pendent review of a denial, suspension, or policies with present-day qualified medical FAA to improve the system of pro- judgment and practices, as applied to an in- revocation ordered by the Administrator, in- viding notices to airmen and directs cluding substantive independent and expe- dividual’s medically relevant circumstances; and the FAA to review and approve the dited review of any decision by the Adminis- medical certification form. trator to make such order effective imme- (C) steps that could be taken to promote diately. the public’s understanding of the medical re- Pilots have expressed frustration and quirements that determine an airman’s med- (2) EVIDENCE.—A United States district concerns about what they believe is un- court’s review under paragraph (1) shall in- ical certificate eligibility. fair and inequitable treatment during clude in evidence any record of the pro- (b) GOALS OF THE FEDERAL AVIATION AD- FAA enforcement proceedings before ceeding before the Administrator and any MINISTRATION’S MEDICAL CERTIFICATION PROC- the National Transportation Safety record of the proceeding before the National ESS.—The goals of the Federal Aviation Ad- Board. They complain that the burden Transportation Safety Board, including ministration’s medical certification process are— of proof is on the airman to prove his hearing testimony, transcripts, exhibits, de- or her innocence rather than the FAA cisions, and briefs submitted by the parties. (1) to provide questions in the medical application form that— proving guilt. To address this, the Pi- SEC. 3. NOTICES TO AIRMEN. (A) are appropriate without being overly lot’s Bill of Rights directs that, to the (a) IN GENERAL.— broad; extent the NTSB finds practical, FAA (1) DEFINITION.—In this section, the term (B) are subject to a minimum amount of enforcement proceedings should be ‘‘NOTAM’’ means Notices to Airmen. misinterpretation and mistaken responses; conducted in accordance with the Fed- (2) IMPROVEMENTS.—Not later than 180 days (C) allow for consistent treatment and re- eral Rules of Civil Procedure and Fed- after the date of the enactment of this Act, sponses during the medical application proc- the Administrator of the Federal Aviation ess; and eral Rules of Evidence. This is con- Administration shall begin a Notice to Air- (D) avoid unnecessary allegations that an sistent with protections provided to de- men Improvement Program (in this section individual has intentionally falsified answers fendants in other parts of our legal sys- referred to as the ‘‘NOTAM Improvement on the form; tem. Program’’)— (2) to provide questions that elicit informa- The Pilot’s Bill of Rights also re- (A) to improve the system of providing air- tion that is relevant to making a determina- quires the FAA to better inform and men with pertinent and timely information tion of an individual’s medical qualifications advise an airman, who is the subject of regarding the national airspace system; within the standards identified in the Ad- an investigation, of his or her rights. (B) to archive, in a public central location, ministrator’s regulations; The goal is to provide an airman with all NOTAMs, including the original content (3) to give medical standards greater mean- and form of the notices, the original date of ing by ensuring the information requested better and timely access to informa- publication, and any amendments to such aligns with present-day medical judgment tion. This includes notifying an airman notices with the date of each amendment; and practices; and that the releasable portions of the ad- and (4) to ensure that— ministrator’s investigative report will,

VerDate Mar 15 2010 02:41 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.013 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5102 CONGRESSIONAL RECORD — HOUSE July 23, 2012 at the appropriate time, be available to S. 1335 revises the process for the SECTION 1. FINDINGS. the airman. Federal Aviation Administration en- Congress finds the following: The bill also clarifies that air traffic forcement action against pilots, me- (1) Edwin L. Mechem was a land surveyor data collected by a government con- chanics, and other airmen. The bill with the United States Reclamation Service in Las Cruces, New Mexico, from 1932–1935. tractor that is available to the FAA, also directs the FAA to streamline im- (2) He served as a member of the New Mex- such as air traffic communication portant safety-related information pro- ico State Police Commission. tapes, radar information, and air traf- vided to pilots before flight. (3) He was a Special Agent with the Fed- fic controller statements, will also be As I have said many times, the FAA eral Bureau of Investigation. available to the airman. However, it is must have the authority and resources (4) He attended the New Mexico College of important that the pilot community necessary to keep the skies safe. To Agriculture and Mechanic Arts, which later understands that, when the data has to keep the skies safe, the FAA must use became the New Mexico State University in be obtained from a government con- its enforcement power to take action, Las Cruces, New Mexico. (5) He was admitted to the New Mexico bar tractor, time is of the essence. Tapes when appropriate, against pilots and in 1939, and practiced law in Albuquerque containing air traffic data from con- other airmen who act in an unsafe and Las Cruces, New Mexico. tractors is ordinarily recycled after 15 manner. This bill does not weaken that (6) He served in the New Mexico House of days and would no longer be available authority; rather, it requires the FAA Representatives from 1947–1948. to the FAA or the airman. to hand over, at the earliest appro- (7) He was the first New Mexico governor S. 1335 eliminates language that ex- priate time, the evidence that could be born in New Mexico after statehood. pressly bound the NTSB to all validly used against pilots involved in enforce- (8) He served four terms as Governor of adopted interpretations of laws and ment actions, and it provides pilots New Mexico between 1951 and 1962. (9) He served as a United States Senator regulations of the FAA unless the with a new opportunity to test the from New Mexico from 1962–1964. NTSB finds an interpretation to be ar- FAA’s enforcement orders in court. Ad- (10) He was confirmed by the United States bitrary, capricious, or otherwise not ditionally, the bill directs the FAA to Senate as a United States District Judge for according to law. The amendments are streamline its publication of notices to the District of New Mexico on October 8, made only because they are redundant pilots to ensure that they receive high 1970, and served in that position until his of what is already provided under law. priority and relevant safety informa- death in 2002. The NTSB, when reviewing FAA cases, tion before flight. (11) He led a rich and accomplished life will continue to apply principles of ju- This legislation is strongly supported dedicated to public service which warrants recognition. dicial deference to the FAA interpreta- by the Aircraft Owners and Pilots As- tions of the laws, regulations, and poli- SEC. 2. DESIGNATION. sociation and the general aviation The United States courthouse located at cies in accordance with the Supreme community. 100 North Church Street in Las Cruces, New Court precedent. Mr. Speaker, I’m pleased to support Mexico, shall be known and designated as The Pilot’s Bill of Rights adds an ad- this bill authored by my friend, Sen- the ‘‘Edwin L. Mechem United States Court- ditional way to appeal to the NTSB’s ator INHOFE, and I reserve the balance house’’. decisions regarding FAA enforcement of my time. SEC. 3. REFERENCES. action. Mr. COSTELLO. Mr. Speaker, I urge Any reference in a law, map, regulation, Currently, an airman goes before an adoption, and I yield back the balance document, paper, or other record of the administrative law judge at the NTSB of my time. United States to the United States court- and can appeal any decisions to the full Mr. BUCSHON. Mr. Speaker, I rise house referred to in section 2 shall be deemed NTSB board and, ultimately, to the to be a reference to the ‘‘Edwin L. Mechem again in strong support of S. 1335. United States Courthouse’’. court of appeals. According to pilots, I’d like to thank Mr. GRAVES, the The SPEAKER pro tempore. Pursu- the courts generally defer to the gentleman from Missouri, the lead ant to the rule, the gentleman from In- NTSB’s decisions. It’s not a true or fair sponsor on the majority side, and Mr. diana (Mr. BUCSHON) and the gentleman appellate process. LIPINSKI from Illinois, from the minor- from Illinois (Mr. COSTELLO) each will The Pilot’s Bill of Rights allows an ity side, for bringing this bill to the control 20 minutes. airman to elect to file an appeal of his House floor. The Chair recognizes the gentleman or her case in either the U.S. district I yield back the balance of my time. from Indiana. court or the U.S. circuit court of ap- The SPEAKER pro tempore (Mr. GENERAL LEAVE peals. It is the intent of Congress that HARPER). The question is on the mo- courts not act in a way that is con- tion offered by the gentleman from In- Mr. BUCSHON. Mr. Speaker, I ask trary to civil aviation safety in con- diana (Mr. BUCSHON) that the House unanimous consent that all Members ducting their reviews of the NTSB’s de- suspend the rules and pass the bill, S. may have 5 legislative days in which to cisions. 1335. revise and extend their remarks and in- Lastly, the Pilot’s Bill of Rights re- The question was taken; and (two- clude extraneous material on H.R. 3742. quires the FAA to improve the system thirds being in the affirmative) the The SPEAKER pro tempore. Is there of providing notices to airmen— rules were suspended and the bill was objection to the request of the gen- NOTAMs—and to undertake an assess- passed. tleman from Indiana? ment of the medical certification A motion to reconsider was laid on There was no objection. standards and forms. The over- the table. Mr. BUCSHON. Mr. Speaker, I yield whelming volume of NOTAMs and a myself such time as I may consume. vague and outdated medical certifi- f H.R. 3742 would designate the United cation process can lead to confusion b 1720 States courthouse in Las Cruces, New and, ultimately, an FAA enforcement Mexico, as the Edwin L. Mechem EDWIN L. MECHEM UNITED proceeding against an airman. United States Courthouse. STATES COURTHOUSE Again, I rise in strong support of S. I want to thank the gentleman from 1335 and urge my colleagues to do the Mr. BUCSHON. Mr. Speaker, I move New Mexico, Representative PEARCE, same. to suspend the rules and pass the bill for his work on this legislation. I reserve the balance of my time. (H.R. 3742) to designate the United Judge Mechem served more than 30 Mr. COSTELLO. Mr. Speaker, I yield States courthouse located at 100 North years as a U.S. district judge for the myself such time as I may consume, Church Street in Las Cruces, New Mex- district of New Mexico until his death and I rise in support of S. 1335, the Pi- ico, as the ‘‘Edwin L. Mechem United in 2002. Prior to his judicial appoint- lot’s Bill of Rights. States Courthouse’’. ment, Judge Mechem served as Gov- I want to commend Senator INHOFE The Clerk read the title of the bill. ernor of New Mexico for four terms. He from Oklahoma for his leadership on The text of the bill is as follows: also served as a U.S. Senator as well as this issue, as well as Chairman PETRI H.R. 3742 a member of the New Mexico House of and Congressman BUCSHON, for bring- Be it enacted by the Senate and House of Rep- Representatives. Earlier in his career, ing the bill to the floor in an expedited resentatives of the United States of America in he worked as a special agent for the manner. Congress assembled, FBI.

VerDate Mar 15 2010 02:41 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.045 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5103 Judge Mechem dedicated his life to Mexico. And following graduation from The Clerk read the title of the bill. public service. I believe it is fitting to the University of Arkansas School of The text of the bill is as follows: name this courthouse after him. I sup- Law, he returned to New Mexico to H.R. 3556 port passage of this legislation and practice law. Be it enacted by the Senate and House of Rep- urge my colleagues to do the same. Despite having a successful law prac- resentatives of the United States of America in Mr. Speaker, I reserve the balance of tice, Governor Mechem answered Congress assembled, my time. America’s call and joined the FBI dur- SECTION 1. DESIGNATION. Mr. COSTELLO. Mr. Speaker, I yield ing World War II. After the Allied vic- The United States courthouse at 2 Niagara myself such time as I may consume. tory, Governor Mechem returned to his Square, Buffalo, New York shall be known Mr. Speaker, I support H.R. 3742. It practice, but then ran for a seat in the and designated as the ‘‘Robert H. Jackson United States Courthouse’’. was introduced by the gentleman from house of representatives, for which he New Mexico, and it would designate the SEC. 2. REFERENCES. was elected. He served two terms in the Any reference in a law, map, regulation, United States courthouse located at 100 State house, then made a successful bid document, paper, or other record of the North Church Street in Las Cruces, for Governor of the State of New Mex- United States to the United States court- New Mexico, as the Edwin L. Mechem ico. He went on to become the only house referred to in section 1 shall be deemed United States Courthouse. four-term Governor of New Mexico. to be a reference to the ‘‘Robert H. Jackson Judge Edwin L. Mechem spent a life- Governor Mechem then served 2 years United States Courthouse’’. time in public service. Early in his ca- as a United States Senator. The SPEAKER pro tempore. Pursu- reer, he was a special agent of the Fed- On October 8, 1970, Governor Mechem ant to the rule, the gentleman from In- eral Bureau of Investigation during took the next step of his life in service diana (Mr. BUCSHON) and the gentleman World War II and, later, a land sur- when he was confirmed by the United from Illinois (Mr. COSTELLO) each will veyor for the U.S. Reclamation Serv- States Senate as United States district control 20 minutes. ice. judge for the district of New Mexico. The Chair recognizes the gentleman In 1947, Judge Mechem was elected to He dutifully served in that position from Indiana. the New Mexico House of Representa- until his death in 2002. GENERAL LEAVE tives and went on to become a four- In a letter to my office, his wife Jose- Mr. BUCSHON. Mr. Speaker, I ask term Republican Governor of the State phine Mechem wrote: unanimous consent that all Members of New Mexico. Later, he was appointed He loved this State from one end to the may have 5 legislative days in which to to the United States Senate to rep- other, and vacations were rarely taken out- revise and extend their remarks and in- resent the State of New Mexico. side of New Mexico. All his life, the thing he clude extraneous material on H.R. 3556. In 1970, President Nixon appointed loved most was to spend his free time driving The SPEAKER pro tempore. Is there Judge Mechem as a Federal judge on the back roads, checking the water situa- objection to the request of the gen- the U.S. district court for the district tion, and seeing that all was well with our tleman from Indiana? crops, our businesses, and our communities. of New Mexico, where he served for 32 There was no objection. years before he passed away in 2002. This year marks the 100th anniver- Mr. BUCSHON. Mr. Speaker, I yield Judge Mechem will be remembered sary of New Mexico’s statehood, and myself such time as I may consume. for his commitment to public service July 2, 2012, was Governor Mechem’s H.R. 3556 would designate the court- and his distinguished service as a Fed- 100th birthday. Naming this courthouse house in Buffalo, New York, as the eral judge. the Edwin L. Mechem United States Robert H. Jackson United States Mr. Speaker, I encourage my col- Courthouse during 2012 is an honor be- Courthouse. Justice Jackson was an as- leagues to support H.R. 3742, and I re- fitting his life of service; and, as such, sociate Justice to the United States serve the balance of my time. I ask my colleagues in the House to Supreme Court from 1941 to 1954. He Mr. BUCSHON. Mr. Speaker, I yield 3 vote in favor of H.R. 3742. I would also had a long career in public service, in- minutes to the gentleman from New strongly encourage quick action and cluding participating in the landmark Mexico (Mr. PEARCE). passage by our friends in the Senate. desegregation case Brown v. Board of Mr. PEARCE. I thank the gentleman Mr. COSTELLO. Mr. Speaker, at this Education, and serving as chief counsel for yielding. time I would ask my friend from Indi- for the United States in charge of pros- Mr. Speaker, I would like to start by ana if he has additional requests for ecuting Nazi leaders at Nuremberg. thanking Subcommittee Chairman time. Justice Jackson served the Nation and DENHAM and Ranking Member HOLMES Mr. BUCSHON. I have no further re- advanced justice both here and at Nur- NORTON, Committee Chairman MICA quests for time. emberg. and Ranking Member RAHALL for mov- Mr. COSTELLO. Mr. Speaker, I urge I think it’s appropriate to honor his ing H.R. 3742. support of this legislation and yield dedication by naming this courthouse I rise today in strong support of this back the balance of my time. after him. I support passage of this leg- bill. Mr. BUCSHON. Mr. Speaker, I, again, islation and urge my colleagues to do This bill is very simple. It would rise in support of H.R. 3742 and yield the same. name the United States courthouse lo- back the balance of my time. Mr. Speaker, I reserve the balance of cated in Las Cruces, New Mexico, as The SPEAKER pro tempore. The my time. the Edwin L. Mechem United States question is on the motion offered by Mr. COSTELLO. Mr. Speaker, I yield Courthouse. the gentleman from Indiana (Mr. myself such time as I may consume. Governor Mechem was a community BUCSHON) that the House suspend the I rise in support of H.R. 3556, intro- leader who dedicated his life to public rules and pass the bill, H.R. 3742. duced by the gentleman from New service. He was a four-term Governor The question was taken; and (two- York (Mr. HIGGINS). of New Mexico and the first Governor thirds being in the affirmative) the The bill would designate the new United born in New Mexico post-statehood. rules were suspended and the bill was States courthouse in Buffalo, New York, as Governor Mechem also served New passed. the ‘‘Robert H. Jackson United States Court- Mexico as a member of the New Mexico A motion to reconsider was laid on house’’. House of Representatives, in the the table. Associate Supreme Court Justice Robert H. United States Senate, and as a United f Jackson is considered one of the finest legal States district judge for the district of experts in American history. New Mexico. He presided as United ROBERT H. JACKSON UNITED He served in the U.S. Treasury Department States district judge from 1970 until his STATES COURTHOUSE and in several roles within the U.S. Depart- death in 2002. Mr. BUCSHON. Mr. Speaker, I move ment of Justice, including Attorney General. In Governor Mechem was born in to suspend the rules and pass the bill 1938, Justice Jackson was appointed as the Alamogordo, New Mexico, shortly after (H.R. 3556) to designate the new United U.S. Solicitor General where he argued more New Mexico gained statehood. He at- States courthouse in Buffalo, New than 30 cases before the U.S. Supreme Court. tended what later became New Mexico York, as the ‘‘Robert H. Jackson In 1941, Justice Jackson was appointed to State University in Las Cruces, New United States Courthouse’’. the U.S. Supreme Court by President Franklin

VerDate Mar 15 2010 02:41 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.048 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5104 CONGRESSIONAL RECORD — HOUSE July 23, 2012 D. Roosevelt. Justice Jackson served for 13 As U.S. Solicitor General, he argued This is a proud day for western New terms on the U.S. Supreme Court and in more than 30 cases before the United York, and I urge my colleagues to sup- 1945, at the request of President Harry S. Tru- States Supreme Court, on which he port this legislation. man, Justice Jackson took a leave of absence would later sit. Louis Brandeis, the Mr. BUCSHON. Mr. Speaker, I con- from the Supreme Court to serve as the constitutional scholar and a former tinue to reserve the balance of my United States Chief Prosecutor in the ‘‘Nurem- member of the U.S. Supreme Court, time. berg Trials’’ where Nazi war criminals were said at the time that Jackson was so Mr. COSTELLO. Mr. Speaker, I urge tried. good as Solicitor General, he ‘‘should support of this legislation, and I yield He was admired for his work in addressing be Solicitor General for life.’’ back the balance of my time. how these trials were organized, the standards And as U.S. Attorney General, Jack- Mr. BUCSHON. Mr. Speaker, I also of evidence, and the rights of all defendants, son focused on national security issues urge support for H.R. 3556, and I yield setting the stage for the development of mod- as the United States headed toward in- back the balance of my time. ern international law. volvement in World War II. The SPEAKER pro tempore. The Justice Jackson will be remembered for his Robert Jackson served the United question is on the motion offered by outstanding work in the legal system and for States Supreme Court for 13 terms and the gentleman from Indiana (Mr. his strong commitment to public service. took part in the landmark decision BUCSHON) that the House suspend the Therefore, it is appropriate that the new United prohibiting segregation, Brown v. rules and pass the bill, H.R. 3556. States courthouse in Buffalo, New York, be Board of Education. He is celebrated as The question was taken; and (two- named in his honor. among the most accomplished writers thirds being in the affirmative) the I support this bill and encourage my col- in the Court’s history. In fact, con- rules were suspended and the bill was leagues to support H.R. 3556. stitutional scholar Laurence Tribe passed. At this time, Mr. Speaker, I yield 5 called him ‘‘the most piercingly elo- A motion to reconsider was laid on minutes to my good friend, Congress- quent writer ever to serve on the the table. man HIGGINS from New York. United States Supreme Court.’’ f Mr. HIGGINS. Mr. Speaker, the new At the request of President Truman, ROBERT BOOCHEVER UNITED Federal courthouse in Buffalo opened Jackson took a leave of absence from STATES COURTHOUSE last November. It opened to great fan- the Court to serve as the chief pros- fare, and rightly so, because it is a ecutor of Nazi war criminals at the Mr. YOUNG of Alaska. Mr. Speaker, I beautiful building that enhances our International Military Tribunal, com- move to suspend the rules and pass the community and will provide needed monly known as the Nuremberg trials. bill (H.R. 4347) to designate the United space for the crucial work that is done He designed and was the driving force States courthouse located at 709 West there. behind this first international trial, 9th Street in Juneau, Alaska, as the But the opening of the courthouse bringing Nazi criminals to justice ‘‘Robert Boochever United States was also significant to western New while establishing an important foun- Courthouse’’. York because it did not come easily. dation of international law. The Clerk read the title of the bill. In the 1990s, Federal Judges William In his oral arguments at Nuremberg, The text of the bill is as follows: Skretny and Richard Arcara began to he spoke not only to the assembled tri- H.R. 4347 make the case that the Michael Dillon bunal, he spoke to the world of the Be it enacted by the Senate and House of Rep- Courthouse in Buffalo was no longer American ideals of justice and freedom, resentatives of the United States of America in suitable for the growing caseload of the and of freedom being the essence of Congress assembled, Western District of New York. The man. He said America’s history and SECTION 1. DESIGNATION. United States Judicial Conference promise is to help other nations define The United States courthouse located at agreed, and they ranked a new court- freedom in their own terms. Jackson’s 709 West 9th Street in Juneau, Alaska, shall house in Buffalo near the top of the list be known and designated as the ‘‘Robert oral arguments at Nuremberg are con- Boochever United States Courthouse’’. of new facilities it annually sends to sidered among the greatest speeches of SEC. 2. REFERENCES. Congress. Yet Judges Skretny and the 20th century. Any reference in a law, map, regulation, Arcara watched along with the rest of Shortly after the Nuremberg trials document, paper, or other record of the our community as Congress repeatedly concluded, Justice Jackson was invited United States to the United States court- passed over Buffalo for other facilities to speak at the University of Buffalo’s house referred to in section 1 shall be deemed around the country. But the judges centennial celebration at Kleinhans to be a reference to the ‘‘Robert Boochever kept fighting, and so did Buffalo. Music Hall on October 4, 1946. With United States Courthouse’’. We finally passed the funding over 2,000 people in attendance, Jack- The SPEAKER pro tempore. Pursu- through Congress in 2007, and we now son’s speech was delivered with power ant to the rule, the gentleman from have a magnificent 10-story structure and eloquence. In it, he said that ‘‘edu- Alaska (Mr. YOUNG) and the gentleman right on historic Niagara Square that cation is humanity’s hope,’’ connecting from Illinois (Mr. COSTELLO) each will we can be proud of. his work at Nuremberg to the work of control 20 minutes. the university, and he received an hon- The Chair recognizes the gentleman b 1730 orary degree of doctor of laws from the from Alaska. Mr. Speaker, the bill before us today University of Buffalo. GENERAL LEAVE would name this new courthouse for The leadership of the western district Mr. YOUNG of Alaska. Mr. Speaker, I Supreme Court Justice, chief U.S. pros- of New York has endorsed naming their ask unanimous consent that all Mem- ecutor at the Nuremberg trials, Solic- building in honor of Justice Jackson. bers have 5 legislative days in which to itor General and U.S. Attorney General Judge Skretny called him the most dis- revise and extend their remarks and in- Robert H. Jackson. He is a uniquely tinguished jurist and most acclaimed clude extraneous material on H.R. 4347. western New York story and a uniquely legal mind to come out of western New The SPEAKER pro tempore. Is there American story. York. Jackson is the only member of objection to the request of the gen- Robert Jackson was raised near the United States Supreme Court from tleman from Alaska? Jamestown, New York, and spent the western New York, making this honor There was no objection. first 42 years of his life in western New especially significant. Mr. YOUNG of Alaska. Mr. Speaker, York. For a time, he lived on Johnson I want to thank Chairman MICA and H.R. 4347 would designate the United Park, now in the shadow of the new Ranking Member RAHALL for bringing States Courthouse in Juneau, Alaska, courthouse, and practiced law in the this bill to the floor today; and I would as the Robert Boochever United States historic Ellicott Square Building. He like to thank the western New York Courthouse. would often walk to work from his congressional delegation—KATHY Judge Boochever served our country home, passing the site where the new HOCHUL, LOUISE SLAUGHTER, and TOM as a captain in the U.S. Army during courthouse now sits. He was a promi- REED—and the entire New York delega- World War II and then moved to Alaska nent attorney in Buffalo when he was tion, including our two Senators, for in 1940, where he worked in the U.S. At- called to Washington by President their bipartisan and unanimous sup- torney’s Office and in private practice. Franklin Roosevelt. port of this bill. In 1972, he was appointed to the Alaska

VerDate Mar 15 2010 04:54 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.019 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5105 Supreme Court and served 3 years as (i) in North Dakota; and GENERAL LEAVE the chief justice. In 1980, he was the (ii) in a community that— Mr. YOUNG of Alaska. Mr. Speaker, I first Alaskan appointed as a judge to (I) is participating in the National Flood ask unanimous consent that all Mem- the Federal Ninth Circuit Court of Ap- Insurance Program on the date on which a bers have 5 legislative days in which to State, local, or tribal government submits peals and served as a Federal judge for an application requesting to construct a per- revise and extend their remarks and in- more than 30 years until his death in manent flood risk reduction levee under sub- clude extraneous material on S. 2039. 2011. section (b); and The SPEAKER pro tempore. Is there Judge Boochever’s commitment to (II) certifies to the Administrator and the objection to the request of the gen- the law and service made him a well- Chief of Engineers that the community will tleman from Alaska? respected jurist, and so I am pleased to continue to participate in the National There was no objection. be the sponsor of this legislation. I sup- Flood Insurance Program. Mr. YOUNG of Alaska. Mr. Speaker, I (b) AUTHORITY.—Notwithstanding clause (i) port the passage of this legislation and or (ii) of section 404(b)(2)(B) of the Robert T. ask unanimous consent that the gen- urge my colleagues to do the same. Stafford Disaster Relief and Emergency As- tleman from North Dakota (Mr. BERG) Mr. Speaker, I reserve the balance of sistance Act (42 U.S.C. 5170c(b)(2)(B)), the Ad- be permitted to control the balance of my time. ministrator shall approve the construction my time. Mr. COSTELLO. Mr. Speaker, I yield of a permanent flood risk reduction levee by The SPEAKER pro tempore. Is there myself such time as I may consume. a State, local, or tribal government on cov- objection to the request of the gen- Mr. Speaker, H.R. 4347 designates the ered hazard mitigation land if the Adminis- tleman from Alaska? trator and the Chief of Engineers determine, United States courthouse located at 709 through a process established by the Admin- There was no objection. West Ninth Street in Juneau, Alaska, istrator and Chief of Engineers and funded Mr. BERG. Mr. Speaker, I yield my- as the Robert Boochever United States entirely by the State, local, or tribal govern- self such time as I may consume. Courthouse. ment seeking to construct the proposed Mr. Speaker, Senate bill S. 2039 is a Mr. Speaker, Judge Boochever will levee, that— bipartisan bill sponsored by Senators always be remembered for his out- (1) construction of the proposed permanent from North Dakota CONRAD and flood risk reduction levee would more effec- standing legal expertise and his ex- HOEVEN, which passed the Senate by tively mitigate against flooding risk than an traordinary role in the Juneau commu- open floodplain or other flood risk reduction unanimous consent in January of this nity, making it appropriate for the new measures; year. This bill will provide a great deal United States courthouse in Juneau, (2) the proposed permanent flood risk re- of help to the citizens of our State. Alaska, to be designated as the Robert duction levee complies with Federal, State, The text of S. 2039 allows for a proc- Boochever United States Courthouse. and local requirements, including mitigation ess of building permanent levees on Mr. Speaker, I support this legisla- of adverse impacts and implementation of Federal land in North Dakota, with the tion and encourage my colleagues to floodplain management requirements, which approval of FEMA and the Army Corps support the legislation and I yield back shall include an evaluation of whether the of Engineers. I want to highlight the construction, operation, and maintenance of the balance of my time. the proposed levee would continue to meet unique situation we have in North Da- Mr. YOUNG of Alaska. Mr. Speaker, I best available industry standards and prac- kota, and this legislation intends to urge passage of this legislation, and I tices, would be the most cost-effective meas- address just that. yield back the balance of my time. ure to protect against the assessed flood risk First of all, Fargo, North Dakota. It The SPEAKER pro tempore. The and minimizes future costs to the federal has faced repeated flooding along the question is on the motion offered by government; Red River, which runs through the the gentleman from Alaska (Mr. (3) the State, local, or tribal government heart of the city. The city has con- seeking to construct the proposed levee has YOUNG) that the House suspend the structed a permanent levee that runs provided an adequate maintenance plan that rules and pass the bill, H.R. 4347. documents the procedures the State, local, along as much of the river as possible. The question was taken; and (two- or tribal government will use to ensure that However, over the years, some prop- thirds being in the affirmative) the the stability, height, and overall integrity of erties have been bought out along the rules were suspended and the bill was the proposed levee and the structure and sys- riverbank with Federal funds. passed. tems of the proposed levee are maintained, b 1740 A motion to reconsider was laid on including— the table. (A) specifying the maintenance activities As a result, we have a patchwork of to be performed; properties that exist along this levee f (B) specifying the frequency with which system with gaps in the system. Recur- AUTHORIZING STATE OR LOCAL maintenance activities will be performed; ring flooding along the Red River re- GOVERNMENT TO CONSTRUCT (C) specifying the person responsible for quires temporary levees to go up near- LEVEES ON CERTAIN PROP- performing each maintenance activity (by name or title); ly every year only to be taken down, ERTIES (D) detailing the plan for financing the and what happens, repeatedly, over and Mr. YOUNG of Alaska. Mr. Speaker, I maintenance of the levee; and over, is a taxpayer waste of money. move to suspend the rules and pass the (E) documenting the ability of the State, Minot, North Dakota, will have the bill (S. 2039) to allow a State or local local, or tribal government to finance the same problem. As my colleagues know, government to construct levees on cer- maintenance of the levee. Minot faced enormous flooding last (c) MAINTENANCE CERTIFICATION.— spring. Thousands of homes were lost, tain properties otherwise designated as (1) IN GENERAL.—A State, local, or tribal open space lands. government that constructs a permanent and the community sustained hundreds The Clerk read the title of the bill. flood risk reduction levee under subsection of millions of dollars in damages. The The text of the bill is as follows: (b) shall submit to the Administrator and city of Minot now plans to rebuild a S. 2039 the Chief of Engineers an annual certifi- major new flood protection system, in- cation indicating whether the State, local, cluding rebuilding the levees that were Be it enacted by the Senate and House of or tribal government is in compliance with Representatives of the United States of America in place. This is in the middle of the the maintenance plan provided under sub- in Congress assembled, city along the Souris River. This section (b)(3). means that Minot will face the same SECTION 1. LEVEES. (2) REVIEW.—The Chief of Engineers shall (a) DEFINITIONS.—In this section— review a certification submitted under para- frustration and expense of constructing (1) the term ‘‘Administrator’’ means the graph (1) and determine whether the State, and removing temporary levees year Administrator of the Federal Emergency local, or tribal government has complied after year, just as it is in Fargo. Management Agency; and with the maintenance plan. The solution is to simply permit (2) the term ‘‘covered hazard mitigation The SPEAKER pro tempore. Pursu- levee construction on federally pur- land’’ means land— ant to the rule, the gentleman from chased property in these areas of North (A) acquired and deed restricted under sec- Dakota, with the approval of FEMA tion 404(b) of the Robert T. Stafford Disaster Alaska (Mr. YOUNG) and the gentleman Relief and Emergency Assistance Act (42 from Missouri (Mr. CARNAHAN) each and the Corps. It’s important to note U.S.C. 5170c(b)) before, on, or after the date will control 20 minutes. that in both Fargo and Minot, a levee of enactment of this Act; and The Chair recognizes the gentleman will be in place regardless of this legis- (B) that is located— from Alaska. lation.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.055 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5106 CONGRESSIONAL RECORD — HOUSE July 23, 2012 What this commonsense bill is trying lands management practices. This bill consent. Senators along the Missouri to prevent is the absurdity and the ex- would stop that from happening in River from North Dakota all the way pense to taxpayers of building and then North Dakota, despite the fact that the down were supportive of this. taking down a temporary levee every issue was already addressed with spe- The essence of this problem is that year every time there’s a flood. cific allowances for communities in we have a levee. This is a downtown This bill does contain important re- North Dakota in the recently signed levee that’s in a city, and there are strictions to ensure undue Federal into law Biggert-Waters Flood Reform gaps there. And what happens is when costs are not incurred. Under this bill, Act of 2012. This bill that’s on the floor there’s a flood—and every year we have before approving any project, FEMA today doesn’t require local commu- a recurring flood—a temporary levee is and the Army Corps of Engineers must nities to reimburse the Federal Gov- put in. Trucks come in and clays come first determine that the levee will be ernment and taxpayers for those pre- in, it tears it up, and they build it, and effective in mitigating against the vious buyouts. as soon as that’s done, it’s all torn flood risk versus having an open flood- Without hearings, it’s hard to under- down again. This is disruptive, and it plain, that permanent levee flood pro- stand why S. 2039 is even necessary. impacts the natural habitat there. tection would be the most cost effec- Mr. Speaker, floods are the most fre- That is where this is focused to be. tive measure to protect against flood quently occurring natural disaster in The other thing that is really impor- risk and minimize the future cost to this Nation. They happen in all 50 tant here that I would like to stress, the Federal Government, and also, that States. According to NOAA, there has this legislation requires the Corps of the State or local government seeking been a steady increase in the U.S. of Engineers to approve it. Those of us to build the levee has provided ade- extreme flooding events. In fact, my who have been dealing with the Mis- quate, detailed plans for maintenance home State of Missouri has had its fair souri River know the Corps manage- of the proposed levee and the State or share. In 2008, we faced a 200-year flood. ment would not approve of anything local government has a detailed fi- In 1993, it was a 500-year flood. We’re that would disrupt the Missouri water- nance plan to pay for it. talking about incredibly abnormal lev- way all the way down. All of the above must be dem- els of flooding that would only be exac- Mr. Speaker, this is an urgent thing. onstrated before the construction plan erbated by this bill. The reason it’s urgent is our State has can be approved. Furthermore, this Last year, in St. Louis, we faced mil- had 10,000 people dislocated from 4,000 Federal review itself must be paid for lions of dollars in losses because of homes, and these people had the uncer- entirely by the local or State govern- weeks upon weeks of flooding. Again, it tainty of not knowing where they can ment. was a flood that the Army Corps of En- rebuild, what they can do. This will Mr. Speaker, the construction of a gineers expects to occur every 10 to 25 help the city of Minot move forward permanent levee is far more fiscally re- years. River barge traffic, transporting with their housing needs. There are sponsible than the annual costs associ- billions in crops, were delayed. River- 1,400 families that are currently not ated each year with tearing down, boat casinos were closed for 6 to 8 back in their homes. They’re living in building and tearing down these tem- weeks. Estimates of farmland crop trailers, living with neighbors and liv- porary levees. Most importantly, this damage was as high as $2 billion. ing with friends. They’re not sure when legislation eliminates the cost that Missouri was not the only State to these temporary levees go down what FEMA and the Corps of Engineers have suffer. Kentucky saw $5 million in they should do next. That’s really the already incurred time and time again damage, and 1,300 homes around Mem- urgency of this bill, and why that’s as they’re forced to build these and phis were damaged. Mississippi suffered why it’s before you today. tear them down, the temporary levees hundreds of millions of dollars of dam- So, Mr. Speaker, I do urge my col- in the State of North Dakota. age. This devastation was not from leagues to support this bill, and I will This legislation provides better stew- rainfall in Missouri or in the other reserve the balance of my time. ardship of taxpayer dollars. It provides States affected. It was created by run- Mr. CARNAHAN. Mr. Speaker, I yield sound protections against future Fed- off a thousand miles north in North 5 minutes to the gentleman from Or- eral expense, and it will save the local, Dakota. egon (Mr. BLUMENAUER). State and Federal Government money. Increased rainfall in that State leads b 1750 Most importantly, it will ensure better to flooding downstream in my State flood protection for the communities of and others. This bill would allow levees Mr. BLUMENAUER. I appreciate the Minot and Fargo in North Dakota. to be created that would greatly in- gentleman’s courtesy as I appreciate I ask my colleagues for their support crease the chances of that flooding. his leadership on this issue. He comes of this legislation and reserve the bal- Rather than exempting North Dakota from an area that has seen its own dev- ance of my time. from the Stafford Act, we should be re- astations in terms of flood. Mr. CARNAHAN. Mr. Speaker, I yield turning North Dakota to a natural We’re talking about a river system myself as much time as I may con- state of marshes and wetlands along where we have engineered the area, and sume. the river. These areas absorb signifi- we have been fighting for years to try With respect to the gentleman from cant amounts of water, slow runoff and attain an appropriate balance. North Dakota, there are some dif- water and minimize the frequency that This is not a fiscally responsible ap- ferences on this bill. streams and rivers reach catastrophic proach. It’s interesting that it is op- I rise to ask my colleagues to vote flood levels. posed by Taxpayers for Common Sense, ‘‘no’’ on S. 2039, a bill that would in- Rather than protecting the environ- the National Taxpayers Union, the crease the likelihood of flooding along ment and letting nature do what it is American Conservative Union, the the Missouri River that impacts sev- designed to do, this bill would set Competitive Enterprise Institute, who eral States, putting millions of people precedent for other States—increasing have joined in common cause with a at risk. This legislation has not had a catastrophic flood levels across the wide array of environmental organiza- hearing in either the House or the Sen- country and devastating our Nation’s tions, as well as the professionals who ate, nor has the public or impacted fed- businesses, farms and infrastructure. deal with the management of eral agencies had an opportunity to Therefore, I urge my colleagues to floodplains, the Association of State weigh in. vote ‘‘no’’ on this bill, and I reserve the Floodplain Managers, and a vast array The bill goes against longstanding balance of my time. of businesses, particularly those that Federal policy that would still apply to Mr. BERG. Mr. Speaker, I yield my- are involved with the insurance and re- the other 49 States—just not North Da- self such time as I may consume. insurance. This is a prescription for kota. Once Federal funds are used to I want to just really make this per- disaster. relocate communities and buildings fectly clear. This is not affecting the Now, bear in mind that in the trans- out of floodplains, that land is meant Missouri River. This is focused on a portation bill—recently approved— to be dedicated and maintained in per- very flat area in the eastern part of our there were proposals that were part of petuity for a use that is compatible State. As was mentioned, this came the flood issue that were for five par- with open space, recreational or wet- through the Senate with unanimous cels. This legislation—that as my

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.058 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5107 friend from St. Louis points out has Association; Association of State Flood TAXPAYERS FOR COMMONSENSE, R never had a hearing—would open it up Plain Managers. STREET, NATIONAL TAXPAYERS to some 37,000 units of land in North Institute for Liberty; National Fire Pro- UNION, tection Association; Friends of the Earth; Dakota. It doesn’t restrict it. July 23, 2012. American Rivers; Ceres; Defenders of Wild- DEAR REPRESENTATIVE: We are strongly op- Additionally, it doesn’t require that life; Environmental Defense Fund; National posed to S. 2039, a bill that is on the suspen- the Federal Government—that paid for Wildlife Federation; The Nature Conser- sion calendar for a vote today. This bill this land to be taken and put in a nat- vancy; Republicans for Environmental Pro- would allow communities in North Dakota ural state where it could absorb the tection; Sierra Club; Clean Air-Cool Planet; to construct levees on land that was so flood- floodplain, the floodwaters—that they ConservAmerica; Association of State Wet- prone that federal taxpayers bought out the get this for free. land Managers. property owners on the condition of no fu- Now, Mr. Speaker, I’ve worked in Mr. BERG. Mr. Speaker, I yield my- ture development Construction of the levees flood insurance reform now for over 10 self such time as I may consume. will inevitably lead to more high risk devel- years. The last major flood insurance opment and future costs to taxpayers. In I mean, these are exactly why we short, the taxpayer will be forced to pay bill I was coauthor with my good need to do this. I mean, there’s passion twice or more. friend, Doug Bereuter. We worked hard when it comes to floods, passion when The Federal Emergency Management to try and make sure that we weren’t it comes to levees. What concerns me is Agency Hazard Mitigation Grant Program going to subsidize people to live in people don’t understand probably what (HMGP) enables voluntary buy-outs of fre- places where nature has shown repeat- the Red River Valley is like. This is quently flooded property, and to prevent fu- edly that they don’t belong, and that flat. When there’s a break in the levee, ture losses (and costs to the federal govern- we weren’t going to be in a situation ment) the communities agree not to develop this is not just a few homes, this will the property in the future. where one part of the Federal Govern- be miles and miles and miles. Instead of rectifying specific instances ment subsidizes to move the problem I want to be very clear: the levee will where problems with the program may have downstream. be there, it’s going to be there. The arisen, or pursuing other solutions, this bill What we see repeatedly is that, with only thing we’re doing here is, right applies broadly across the state of North Da- major river systems that are fortified, now, the Federal Government, when kota. In fact, while this legislation is specifi- that we try and fight against nature by there is a flood, pays for this. The Fed- cally targeted at North Dakota, the bill putting in a series of levees. What it eral Government shares in the cost to would set a precedent that could have na- does is it channels that water, it accel- tional implications. And it would trigger po- build a temporary levee. A month tentially significant future costs that would erates and it moves it downstream and later, they pay for it to tear it down— be avoided by simply not building on the actually makes flooding worse. time and time again. land as was originally agreed. In fact, tax- Now, it also, in a very perverse way, If you’re concerned about the envi- payers would be subsidizing the levee con- increases the risk in some of these ronment or you’re concerned about dis- struction by purchasing the land, which areas that get levees, because ulti- ruption, this is where we need to have would enable the future levee project and the mately there are floods. When you put that part of a levee system, a perma- local cost-sharing partner to avoid real es- a levee in, you give the illusion of safe- nent levee system that’s already in tate fees. A costly pattern could develop: the federal taxpayer buys the property and a ty, and then there’s more development place that has very little impact on the behind the levee. So instead of having short while later the community opts out of environment. the program and builds a levee on the ‘‘free’’ natural area absorbing the runoff and As we can work through these com- land. avoiding loss—because the taxpayers monsense things, these commonsense We urge you to oppose S. 2039. This con- are now off the hook for loss in these solutions, this will help build a rela- troversial bill should not have been placed areas that we have purchased and re- tionship so we can solve these problems on the suspension calendar and should not be turned to a natural state—then you and move longer term, both in flood approved. For more information contact have the cycle repeating. protection as well as the Missouri Steve Ellis at 202–546–8500 x126 or steve,taxpayer.net. There’s a reason this vast array of or- River. ganizations are opposed to it. It’s not Sincerely, Again, just to reiterate that point: STEPHEN ELLIS, environmentally sound; it’s not fiscally this bill has nothing to do with the Vice President, Tax- sound; it violates important principles Missouri River—in fact, it did pass payers for Common of flood control; it’s going to make it under unanimous consent in the Sen- Sense. harder for people. Bear in mind, these ate, with the Senators up and down ELI LEHRER, parcels were voluntarily purchased, but Missouri supporting it. President, R Street. are people going to give up land in the I reserve the balance of my time. ANDREW MOYLAN, future if it might be subject to a levee Mr. CARNAHAN. Mr. Speaker, again, Vice President of Gov- and development and a repetition of ernment Affairs Na- I think we’re seeing the complexity of tional Taxpayers flooding? I think not. this issue. Union. So I would really hope that my col- I just want to follow up on the gen- leagues pay careful attention to this tleman from Oregon’s remarks, that SMARTERSAFER.ORG legislation. Look at the vast array of the groups that have weighed in on this DEAR REPRESENTATIVE: As a diverse coali- groups and organizations that are op- bill, from taxpayer groups on the con- tion of taxpayer advocates, environmental posed to it. Question why it is coming servative side, to professional man- groups, and insurance interests, we write to to the floor without ever having a express our concerns regarding S. 2039, a bill agers, to more progressive environ- that would exempt the state of North Da- hearing. And most important, look at mental groups have weighed in against kota from Stafford Act requirements de- the devastation that will occur if we this bill. signed to protect property, the environment, move away from these established prin- Under the previously agreed general and taxpayer interests. ciples. Listen to the floodplain man- leave request, I want to include letters As currently written, the Stafford Act re- agers. Listen to the environmentalists. and statements in opposition to S. 2039 quires that once federal funds are used to re- Listen to the taxpayer advocates. Pro- from over 30 national and State organi- locate communities and buildings out of tect the system. Reject this ill-con- floodplains, the land will be dedicated and zations, including the Association of maintained in perpetuity for a use that is ceived measure. State Floodplain Managers, Taxpayers compatible with open space, recreation, or GROUPS OPPOSED TO S. 2039 for Common Sense, the National Tax- wetlands management practices. S. 2039 Taxpayers for Common Sense; R Street; payers Union, the Competitive Enter- would allow communities that voluntarily National Taxpayers Union; prise Institute, American Rivers, the accepted buyout funds and agreed to main- SmarterSafer.org; American Consumer Insti- National Wildlife Federation, the Na- tain the bought out land as open space to no tute; American Conservative Union; Com- ture Conservancy, and Republicans for longer abide by their agreements. This will petitive Enterprise Institute; Less Govern- Environmental Protection—not a list negatively impact wetland protection, wild- ment; Association of Bermuda Insurers and life habitat, and water quality as well as bur- Reinsurers; National Association of Mutual of groups you often see on the same den taxpayers. Insurance Companies; National Flood Deter- page, Mr. Speaker. S. 2039 was proposed to address a cir- mination Association; Reinsurance Associa- With that, I yield back the balance of cumstance in North Dakota in which tem- tion of America; National Leased Housing my time. porary levees are built on land bought out

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.060 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5108 CONGRESSIONAL RECORD — HOUSE July 23, 2012 under the Federal Emergency Management Consumer and Taxpayer Advocates: Amer- hind the deed-restricted land and building a Agency’s (FEMA) Hazard Mitigation Grant ican Consumer Institute; American Conserv- setback levee. Such a levee could be much Program (HMGP) during a flood. The legisla- ative Union; Competitive Enterprise Insti- smaller and retain the deed-restricted land tion gives North Dakota—and no other tute; Less Government; National Taxpayers for natural floodplain functions of water con- state—the ability to build permanent levees Union; R Street. veyance and storage. This bill would have on land purchased with federal dollars and Insurer Interests: Association of Bermuda the effect of promoting poor and expensive deed restricted as open space. This would Insurers and Reinsurers; National Associa- floodplain management practices. allow for development on land that is re- tion of Mutual Insurance Companies; Na- The bottom line is that this bill sets a ter- stricted as a result of the buyout. tional Flood Determination Association; Re- rible precedent, is bad public policy, and The bill undermines the purpose of the insurance Association of America. should at least have adequate discussion and Hazard Mitigation Grant Program (HMGP). Housing: National Leased Housing Associa- a hearing by the Congress. Since the FEMA Property acquisition for open space under tion, HMGP program has been in place (1988) these FEMA’s mitigation programs is a common- Allied Organizations: Association of State deed restrictions have been in place and have sense flood risk management approach. Com- Flood Plain Managers; Friends of the Earth; worked well across the country. ASFPM was munities can choose to relocate homes and Institute for Liberty; National Fire Protec- concerned after it passed the Senate and sent businesses that are in flood-prone areas, tion Association; Taxpayers for Common the attached letter to the House Transpor- eliminating the risk of flooding to those Sense. tation and Infrastructure Committee. structures and eliminating the need for fed- ASFPM feels a vote under suspension is in- eral taxpayers to pay for recovery every ASSOCIATION OF STATE FLOODPLAIN appropriate. We hope that your Representa- time the structures flood. The space remains MANAGERS, INC. tive will vote against this measure. Please deed-restricted open space to ensure that the Madison WI, July 17, 2012. do not hesitate to contact me if you have taxpayer investment in that area is pre- Controversial Bill will be Considered Today any questions. served. Even better, it absorbs flood waters under Suspension of Rules. Respectfully, that would otherwise flood areas down- CHAD BERGINNIS, CFM, stream. These important goals are under- DEAR REPRESENTATIVE: Good morning! I Executive Director. mined by S. 2039. wanted to draw your attention to a bill that Federal taxpayers have already paid once is being brought up on the House floor today to purchase the land in question, and the under Suspension of the Rules which the As- THE AMERICAN CONSUMER INSTI- open space requirement ensures that the tax- sociation of State Floodplain Managers feels TUTE, AMERICAN RIVERS, THE AS- payers will not have to pay disaster costs as- is actually very controversial and not suit- SOCIATION OF STATE FLOODPLAIN sociated with this land again. While the Sen- able for consideration under Suspension. The MANAGERS, CLEAN AIR-COOL ate’s requirement that the bill require state, bill (S. 2039) would allow a State or local PLANET, CONSERVAMERICA, local, or tribal funding of levee construction government to construct levees on certain FRIENDS OF THE EARTH, TAX- represents a slight improvement, federal tax- properties bought out by taxpayers and des- PAYERS FOR COMMON SENSE, NA- payers will still ultimately be on the hook ignated as deed-restricted, open space land. TIONAL WILDLIFE FEDERATION, for many levees. By enrolling the completed The measure was passed by the Senate this THE NATURE CONSERVANCY. levees in the U.S. Army Corps of Engineers’ past winter under Unanimous Consent very DEAR REPRESENTATIVE: On behalf of our (USACE) Rehabilitation and Inspection Pro- shortly after it was introduced so the bill members and supporters across the nation, gram, local partners are eligible for the 80% has had exactly zero debate or discussion! we write to express our concerns regarding federal share of future rehabilitation and re- Here are the reasons ASFPM feels it is S. 2039, a bill that would exempt the state of pair costs. controversial: North Dakota from Stafford Act require- We are also concerned that in the long run, While this bill is limited to North Dakota, ments designed to protect property, the envi- S. 2039 will unintentionally result in harm to it opens the door to do this activity nation- ronment, and taxpayer interests. As cur- unsuspecting North Dakota communities by ally. It would be established as a pilot pro- rently written, the Stafford Act requires encouraging more development behind the gram. There are more than 37,000 properties that once federal funds are used to relocate constructed levees. In addition, flood waters nationally that are permanently deed re- communities and buildings out of have to go somewhere and, since North Da- stricted (bought out using taxpayer money) floodplains, the land will be dedicated and kota alone will be able to build new levees, and costing the taxpayers nothing in future maintained in perpetuity for a use that is flooding may occur in other areas. flood damage costs or in operation and main- compatible with open space, recreational, or FEMA’s HMGP buyouts occur most often tenance costs. wetlands management practices. S. 2039, in deep floodplains, right next to the rivers This would turn the Federal Emergency which will be considered tomorrow on the because these areas receive the heaviest Management Agency Hazard Mitigation suspension calendar, has passed the Senate damage to structures. These portions of the Grant Program (HMGP) into a Community and now will receive a House vote without floodplains are incredibly valuable for the Redevelopment Program. FEMA hazard receiving any hearings or in depth consider- multiple environmental benefits in addition mitigation programs are meant for loss re- ation in either chamber of Congress. This to their ability to convey and store flood- duction and are intended to use the natural bill would negatively impact wetland protec- waters naturally. They also help to clean functions of a floodplain for water convey- tion, wildlife habitat, and water quality water and provide areas for recreation, fish- ance and storage. Placement of a permanent while it sticks taxpayers with enormous ing, hunting, and wildlife habitat. In addi- levee on the land induces increased develop- bills. As such, we urge you to oppose this tion, communities that allow room for rivers ment behind the levee and, therefore, in- legislation. and protect their floodplains are more resil- creased consequences and costs when the S. 2039 was proposed to address a cir- ient to the next flood and often recover more levee fails or overtops. Because participation cumstance in North Dakota in which tem- quickly from a flood event. in mitigation buy-outs is voluntary, less par- porary levees that are built on land bought S. 2039 would only benefit communities in ticipation can be expected if property owners out under Federal Emergency Management North Dakota; however, it sets a dangerous think their land will be used for redevelop- Agency’s (FEMA) Hazard Mitigation Grant precedent for undermining mitigation else- ment rather than open space. Program (HMGP) during a flood, be removed where. Taxpayers will be paying twice for less following the flood. The legislation gives We understand the challenges North Da- mitigation than currently exists. Buy-out North Dakota—and no other state—the abil- kota and other states and communities face land can be flooded to any height and not be ity to build permanent levees on land pur- as they attempt to recover from floods. How- damaged. What this bill would allow is not chased with federal dollars and deed re- ever, we do not believe S. 2039 is the solu- only a structure that could be damaged, but stricted as open space. This proposal, to put tion. A Memorandum of Understanding cur- also could lead to damage to all of the newly it simply, is unwise, financially costly, de- rently exists between the USACE and FEMA induced development behind the levee. This structive, and unnecessary. that allows these agencies to provide limited is what happened in New Orleans after Hurri- The proposal is unwise because it violates exemptions on buyout land for certain cir- cane Katrina. Levees and floodwalls fail and the purpose of the Hazard Mitigation Grant cumstances. Nearly any difficult cir- are overtopped. Taxpayers have already paid Program. Property acquisition for open cumstance could—and should—be addressed for 100% mitigation on these acquired prop- space under FEMA’s mitigation programs through this process rather than by under- erties. utilizes a commonsense flood risk manage- mining the entire purpose of HMGP. Levees on deed-restricted taxpayer buy-out ment approach. By relocating homes and Sincerely, land would often lead to poor floodplain businesses that are in flood-prone areas, we SMARTERSAFER.ORG. management. They will usually be built eliminate the risk of flooding to those struc- MEMBERS close to the river since that is where most tures, and eliminate the need for the federal Environmental Organizations: American buy-outs occur. That results in squeezing the taxpayers to pay for recovery every time the Rivers; Ceres; Defenders of Wildlife; Environ- river resulting in greater flood heights, structures flood. The space remains as deed- mental Defense Fund; National Wildlife Fed- greater water velocity and flooding both up- restricted open space to ensure that the tax- eration; The Nature Conservancy; Repub- stream and downstream of the levee. One al- payer investment in that area is preserved. licans for Environmental Protection; Sierra ternative would involve the community Even better, it absorbs flood waters that Club. using CMG or other funds to buy out land be- would otherwise flood areas downstream.

VerDate Mar 15 2010 04:54 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.042 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5109 HMGP exists for this purpose while the pro- President, The Amer- the open space requirement ensures that the posed law allows states to work against that ican Consumer Insti- taxpayers will not have to pay disaster costs explicit purpose. tute. associated with this land again. Though the The bill will also cost an enormous amount STEVE ELLIS, Senate bill was amended to require State, of money. The Federal taxpayer has already Vice President, Tax- local, or tribal funding of levee construction, paid once to purchase the land in question payers for Common the bill would create a backdoor for these and the open space requirement ensures that Sense. nonfederal entities to use federal taxpayer the taxpayers will not have to pay disaster BROOKS B. YEAGER, dollars. By enrolling the completed levees in costs associated with this land again. In ad- Executive Vice Presi- the U.S. Army Corps of Engineers’ (USACE) dition, once the levees are built, many peo- dent for Policy, Rehabilitation and Inspection Program, ple living behind the levees will become eli- Clean Air-Cool Plan- local partners are eligible for the 80% federal gible for de facto subsidized federal flood in- et. share of future rehabilitation and repair surance that otherwise wouldn’t be sold in JIM BRADLEY, costs. the area. While the Senate’s requirement Senior Director of Gov- that the bill require state, local, or tribal ernment Relations, We are also concerned that in the long run funding of levee construction represents a American Rivers. S. 2039 will unintentionally result in harm to slight improvement, federal taxpayers will BEN SCHREIBER, unsuspecting North Dakota communities by still ultimately be on the hook for many lev- Climate and Energy encouraging more development behind the ees. By enrolling the completed levees in the Tax Analyst, constructed levees. The 2011 flooding brought U.S. Army Corps of Engineers’ (USACE) Re- Friends of the images of walls of water flooding homes habilitation and Inspection Program, local Earth. after levees breached or overtopped remind- partners are eligible for the 80% federal CHAD BERGINNIS, ing us that it is impossible to out build share of future rehabilitation and repair Executive Director, Mother Nature. No matter how strong or tall costs. The Association of we build levees, they still fail, often with The law is also destructive. We are con- State Floodplain catastrophic consequences. Many people liv- cerned that in the long run S. 2039 will unin- Managers. ing behind these structures don’t even know tentionally result in harm to unsuspecting that their homes are in danger. It does not North Dakota communities by encouraging AMERICAN RIVERS, appear that development would be restricted more development behind the constructed WILDLIFE FEDERATION, in the inundation zone behind the con- levees. The 2011 floods brought images of July 16, 2012. structed levees allowed in this pilot pro- walls of water flooding homes after levees DEAR REPRESENTATIVE: On behalf of our gram. breached or overtopped, reminding us that it members and supporters across the nation, is impossible to out-build Mother Nature. In we write to express our concerns regarding Furthermore, while S. 2039 requires the the long run, flood waters have to go some- S. 2039, a bill that would exempt the state of community to participate in the National where and, since North Dakota alone will be North Dakota from Stafford Act require- Flood Insurance Program (NFIP), this pro- able to build new levees, many of them will ments designed to protect property, the envi- gram does little or nothing to assist commu- flood other areas. There is no way of getting ronment and taxpayer interests. As cur- nities that live behind levees. Homeowners around this. rently written, the Stafford Act requires who live behind levees are not currently re- This is even worse because FEMA’s HMGP that once federal funds are used to relocate quired to purchase flood insurance, and they buy-outs occur most often in deep communities and buildings out of often assume the levee will protect them. floodplains, right next to the rivers, because floodplains, the land will be dedicated and But when the levee is overtopped or fails, the these are areas that receive the heaviest maintained in perpetuity for a use that is homeowner must rely on federal disaster as- damage to structures. These portions of the compatible with open space, recreational, or sistance to recover. floodplains are incredibly valuable for the wetlands management practices. S. 2039, Finally, FEMA’s HMGP buy-outs occur multiple environmental benefits they pro- which will be considered tomorrow on the vide in addition to their ability to convey suspension calendar, has passed the Senate most often in deep floodplains, right next to and store floodwaters naturally. They also and now will receive a House vote without the rivers because these are areas that re- help to clean water, provide areas for recre- receiving any hearings or in depth consider- ceive the heaviest damage to structures. ation, fishing, hunting, and wildlife habitat. ation in either chamber of Congress. This These portions of the floodplains are incred- In addition, communities that allow room bill would negatively impact wetland protec- ibly valuable for the multiple environmental for rivers and protect their floodplains are tion, wildlife habitat and water quality and benefits they provide in addition to their more resilient to the next flood and often re- for these reasons, among others, we urge you ability to convey and store floodwaters natu- cover more quickly from a flood event. to oppose this legislation. rally. It is estimated that floodplains provide In any event, the law simply isn’t nec- S. 2039 was proposed to address a cir- approximately 25% of all terrestrial eco- essary. No policy—including HMGP’s current cumstance in North Dakota in which tem- system service benefits despite that they programs—is perfect and, for just that rea- porary levees are built on land bought out only cover 2% of the land surface.1 These son, Memorandum of Understanding cur- under Federal Emergency Management services include clean water, recreation, and rently exists between the USACE and FEMA Agency’s (FEMA) Hazard Mitigation Grant wildlife habitat, among many others. In ad- that allows these agencies to provide limited Program (HMGP) during a flood which must dition, communities that allow room for riv- exemptions on buyout land for certain cir- then be removed following the flood. The leg- ers and protect their floodplains are more re- cumstances. Nearly any difficult cir- islation would establish a pilot program silient to the next flood and often recover cumstance could—and should—be addressed within the state of North Dakota to allow for more quickly from a flood event. through this preexisting process, rather than the construction of permanent levees on land purchased with federal dollars and deed re- S. 2039 would only benefit communities in by undermining the entire purpose of HMGP. North Dakota. However for the reasons We understand the challenges North Da- stricted as open space. We have concerns above, it should in no way be expanded to kota and other states and communities face first, that this legislation would set unwise other states or nationwide. We understand as they attempt to recover from floods. In- federal policy and that it may be unneces- that a Memorandum of Understanding cur- creased federal flexibility can help them do sary given existing federal policies, and sec- rently exists between the USACE and FEMA this. But S. 2039, in its current form, is just ond that the federal government would be unintentionally causing harm to the North that allows these agencies to provide limited bad public policy. Dakota communities seeking to manage exemptions on buyout land for certain cir- Sincerely, their flood risk. cumstances. For this reason we question ADAM KOLTON, S. 2039 violates the purpose and spirit of whether this legislation is necessary to ad- Executive Director, the Hazard Mitigation Giant Program—Prop- dress the challenges that North Dakota com- National Advocacy erty acquisition for open space under munities are facing. Center, National FEMA’s mitigation programs is a common- Wildlife Federation. sense flood risk management approach. By We understand the challenges North Da- DAVID JENKINS, relocating homes and businesses that are in kota and other states and communities face Vice President for flood-prone areas, we eliminate the risk of as they attempt to recover from floods. How- Government and Po- flooding to those structures, and eliminate ever, we urge you to oppose this legislation. litical Affairs, the need for the federal taxpayers to pay for Sincerely, ConservAmerica. recovery every time the structures flood. JIM BRADLEY, SARAH WOODHOUSE The space remains as deed-restricted open Senior Director of Gov- MURDOCK, space to ensure that the taxpayer invest- ernment Relations, Acting Director, Cli- ment in that area is preserved, and allows American Rivers. mate Change Adap- for the storage and conveyance of flood JOSHUA SAKS, tation Policy, The waters without harming life and property. Legislative Director, Nature Conservancy. The Federal taxpayer has already paid National Wildlife STEVE POCIASK, once to purchase the land in question and Federation.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.044 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5110 CONGRESSIONAL RECORD — HOUSE July 23, 2012 THE NATURE CONSERVANCY, permanent levee system that ties into H.R. 3870 Arlington, VA, July 16, 2012. the landscaping would really be a posi- Be it enacted by the Senate and House of Speaker JOHN A. BOEHNER, tive impact on the wildlife and the Representatives of the United States of America U.S. Capitol, habitat in those areas. in Congress assembled, Washington, DC. SECTION 1. NICKY ‘‘NICK’’ DANIEL BACON POST Minority Leader NANCY PELOSI, With that, I yield back the balance of my time. OFFICE. U.S. Capitol, (a) DESIGNATION.—The facility of the Washington, DC. Mr. LUETKEMEYER. Mr. Speaker, I rise United States Postal Service located at 6083 DEAR SPEAKER BOEHNER AND MINORITY today to express some concerns regarding S. Highway 36 West in Rose Bud, Arkansas, LEADER PELOSI: It has come to our attention 2039, introduced by Sen. HOEVEN, and sent to shall be known and designated as the ‘‘Nicky that S. 2039, ‘‘A Bill to allow a State or local this body after unanimous consent in the Sen- ‘Nick’ Daniel Bacon Post Office’’. government to construct levees on certain (b) REFERENCES.—Any reference in a law, properties otherwise designated as open ate. I am concerned that this language, though well intentioned, is vague and could potentially map, regulation, document, paper, or other space lands’’ is due to be brought up on the record of the United States to the facility re- House floor tomorrow to be considered Under result in negative consequences downstream, ferred to in subsection (a) shall be deemed to Suspension of the Rules. should this language be signed into law. be a reference to the ‘‘Nicky ‘Nick’ Daniel We ask that you oppose this bill as it I remain concerned that the language could Bacon Post Office’’. would set a bad federal policy precedent on a be applied to rivers beyond the Souris and the The SPEAKER pro tempore. Pursu- number of fronts. The bill would allow ex- Red, without explicit Congressional intent. penditure of federal funds to build a levee on ant to the rule, the gentlewoman from There is potential, although small, for levee lands where federal funds have been pre- New York (Ms. BUERKLE) and the gen- construction to take place up and down the viously expended under the Hazard Mitiga- tleman from Virginia (Mr. CONNOLLY) stretch of Missouri River that runs through tion Grant Program (HMGP). Funds under each will control 20 minutes. the HMGP have been used to buyout and re- North Dakota, resulting in negative con- The Chair recognizes the gentle- move properties that were subjected to high sequences throughout the Missouri River woman from New York. flood risk. The land is then returned to its basin. Ms. BUERKLE. Mr. Speaker, I yield natural state and acts more effectively to I am comforted by the fact that there seems mitigate future floods. The land is perma- myself such time as I may consume. nently deed restricted to ensure that no fu- to be a rigorous FEMA review and approval process for construction of these levees, and GENERAL LEAVE ture development can be built and subjected Ms. BUERKLE. I ask unanimous con- to flood risk and diminish the floodplain I trust that the author’s intentions are to allow function of absorbing and dispersing flood for construction of new levees along only the sent that all Members may have 5 leg- waters. Souris River and the Red River at specified lo- islative days within which to revise If a levee was allowed to be built, federal cations. I appreciate the steps taken by the and extend their remarks and include taxpayers would be unnecessarily paying gentleman from North Dakota, Mr. BERG, to extraneous material on the bill under twice to reduce flood risk. In addition, a consideration. levee does not guarantee protection from fu- address these concerns and to make very clear for future reference that Congressional The SPEAKER pro tempore. Is there ture flood risk, especially if the flooding objection to the request of the gentle- event is greater than a 100 year flood (which intent is to show that this legislation is in- are occurring at greater frequency due to an tended to apply only to locations along the woman from New York? increase in extreme precipitation events). In Souris and Red Rivers. There was no objection. addition, any development occurring in the Mr. Speaker, our nation has gone too long Ms. BUERKLE. Mr. Speaker, H.R. area would remain at risk to future flooding without improving our levee systems. I do ap- 3870, introduced by the gentleman from events. Arkansas (Mr. GRIFFIN), would des- While we understand that this legislation plaud the efforts to allow municipalities to take into their own hands efforts to rehabilitate sys- ignate the facility of the United States addresses a specific location, we are con- Postal Service located at 6083 Highway cerned about the precedent that this bill tems. At the same time, it is important that 36 West in Rose Bud, Arkansas, as the would establish for all other areas in the na- they meet all necessary guidelines and do not tion where buyouts have occurred under the injure other states and communities along a Nicky ‘‘Nick’’ Daniel Bacon Post Of- HMGP program. Such buyouts typically river bank. fice. The bill is cosponsored by the en- have taken place in areas of repetitive loss I look forward to continuing this important tire Arkansas State delegation and was under the National Flood Insurance program conversation with the gentlemen from North favorably reported by the Committee and thus represent high flood hazard areas. on Oversight and Government Reform Voluntary buyout and removal of properties Dakota. The SPEAKER pro tempore. The on February 7. is the best way to ensure the future safety of Mr. Speaker, First Sergeant Nick residents and minimize federal expenditures question is on the motion offered by from future flood damage. Allowing levees or the gentleman from Alaska (Mr. Bacon was known for his heroism while he served in the Army during the Viet- other barriers such as sea walls to be built YOUNG) that the House suspend the would be extremely costly, undermine the rules and pass the bill, S. 2039. nam War. During his second tour in integrity of the natural flood protection pro- The question was taken. Vietnam in 1968, Bacon assumed com- vided by existing open space, and provide a The SPEAKER pro tempore. In the mand of his company when his platoon false sense of security to the property own- leader was wounded in open ground. He ers behind such structures. opinion of the Chair, two-thirds being in the affirmative, the ayes have it. led his platoon to successfully defeat Thank you for your attention to this mat- the enemy gun crew. ter and again we ask that you oppose this Mr. CARNAHAN. Mr. Speaker, on bill. that I demand the yeas and nays. When another platoon moved to Ser- Sincerely, The yeas and nays were ordered. geant Bacon’s location, its leader was ROBERT BENDICK, The SPEAKER pro tempore. Pursu- also wounded. Without hesitation, Ser- Director, U.S. Government Relations. ant to clause 8 of rule XX, further pro- geant Bacon took charge of the addi- Mr. BERG. I am prepared to close. ceedings on this question will be post- tional platoon and continued the fight. Mr. Speaker, again, Members of the poned. He is a recipient of the United States assembly here: there are 1,400 people in military’s highest decoration, the Minot that aren’t living in their f Medal of Honor, as well as numerous homes—there are 1,400 families, not b 1800 other distinctions. people. Every year creates an uneasi- Mr. Speaker, I am truly grateful for ness on the people that live in this flat NICKY ‘‘NICK’’ DANIEL BACON the brave and heroic service of first valley, in the Red River Valley. This is POST OFFICE Sergeant Nick Bacon and for all of an important bill. It’s critical for long- Ms. BUERKLE. Mr. Speaker, I move those who serve and defend our Nation term planning and clearly will save not to suspend the rules and pass the bill every day. only the Federal Government money, (H.R. 3870) to designate the facility of I urge my colleagues to join me in but it will save the local government the United States Postal Service lo- strong support of this bill. money. It also will save all the volun- cated at 6083 Highway 36 West in Rose I reserve the balance of my time. teer time that goes into building a Bud, Arkansas, as the ‘‘Nicky ‘Nick’ Mr. CONNOLLY of Virgina. Mr. levee, taking a levee down. Daniel Bacon Post Office’’. Speaker, as a member the House Com- I do believe if you saw the area where The Clerk read the title of the bill. mittee on Oversight and Government this will go, you would agree that a The text of the bill is as follows: Reform, I’m very pleased to join my

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.045 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5111 colleagues in consideration of H.R. Cross, the Legion of Merit, two Bronze SECTION 1. CORPORAL KYLE SCHNEIDER POST 3870, to designate the facility of the Stars, and a Purple Heart. OFFICE BUILDING. After retiring from active duty, he (a) DESIGNATION.—The facility of the U.S. Postal Service located at 6083 United States Postal Service located at 26 Highway 36 West in Rose Bud, Arkan- continued his service to America. He East Genesee Street in Baldwinsville, New sas, as the Nicky ‘‘Nick’’ Daniel Bacon served as the director of the Arkansas York, shall be known and designated as the Post Office. Department of Veterans Affairs from ‘‘Corporal Kyle Schneider Post Office Build- Mr. Bacon served his tour of duty as 1993 until his retirement in 2005. During ing’’. my colleague from New York just indi- that time, Mr. Bacon was essential to (b) REFERENCES.—Any reference in a law, cated. During his first tour of duty in the development of the Arkansas State map regulation, document, paper, or other Vietnam, a helicopter he was riding in Veterans Cemetery, and the Arkansas record of the United States to the facility referred to in subsection (a) shall be deemed to collided with another. All but First State Veterans Cemetery Beautifi- be a reference to the ‘‘Corporal Kyle Schnei- Sergeant Bacon and one other soldier cation Foundation. He also helped es- der Post Office Building’’. perished. But despite that fact, Ser- tablish the Arkansas Veterans’ Coali- The SPEAKER pro tempore. Pursu- geant Bacon did not shrink from the tion. ant to the rule, the gentlewoman from call of duty and would go on to volun- Additionally, in 2004, Mr. Bacon was New York (Ms. BUERKLE) and the gen- teer for a second tour. appointed by then-Speaker of the tleman from Virginia (Mr. CONNOLLY) House, Denny Hastert, to the Veterans’ His bravery and his courage are cer- each will control 20 minutes. Disability Benefits Commission, an tainly something that was recognized The Chair recognizes the gentle- independent, 13-member panel respon- by this country when he was awarded woman from New York. the Medal of Honor by then-President sible for studying the military system Ms. BUERKLE. Mr. Speaker, I yield Richard in Nixon in 1969. of compensating veterans for their in- myself such time as I may consume. He is deserving of this recognition, juries. The commission was charged GENERAL LEAVE with ensuring that the compensation and I urge passage of H.R. 3870. Ms. BUERKLE. I ask unanimous con- I reserve the balance of my time. system was equitable and fair. sent that all Members may have 5 leg- Ms. BUERKLE. Mr. Speaker, I yield Mr. Bacon passed away on July 17, islative days within which to revise as much time as he may consume to 2010, after a long battle with cancer. He and extend their remarks and include my distinguished colleague from the was the last living Medal of Honor re- extraneous material on the bill under State of Arkansas (Mr. GRIFFIN), the cipient from the State of Arkansas, consideration. sponsor of this legislation. and he is survived by his wife, Tamera, The SPEAKER pro tempore. Is there Mr. GRIFFIN of Arkansas. Mr. and children and grandchildren. objection to the request of the gentle- Speaker, I rise today in support of my Mr. Bacon spent his final years as a resident of Rose Bud, Arkansas, and we woman from New York? bill, H.R. 3870, to designate the U.S. There was no objection. can honor his heroism, bravery, and Post Office located at 6083 Highway 36 Ms. BUERKLE. Mr. Speaker, my bill, service by installing a permanent West in Rose Bud, Arkansas, as the H.R. 5837, would designate the facility marker of his contribution to Arkansas Nicky ‘‘Nick’’ Daniel Bacon Post Of- of the United States Postal Service lo- and America. His example is one all fice. cated at 26 East Genesee Street in Americans and Arkansans can admire, Nick Bacon is one of Arkansas’ finest Baldwinsville, New York, as the Cor- and I urge my colleagues to join me in sons, and he dedicated his life to serv- poral Kyle Schneider Post Office Build- supporting this bill to honor his leg- ing our country. Mr. Bacon was born in ing. This bill is cosponsored by the en- acy. Caraway, Arkansas, on November 25, tire New York delegation and was fa- Mr. CONNOLLY of Virgina. Mr. 1945. In 1963, at the age of 17, he forged vorably reported by the Committee on Speaker, I certainly echo the senti- his mother’s signature so he could en- Oversight and Government Reform on ments of our colleague from Arkansas list in the Army. He went on to serve June 27. and urge passage of H.R. 3870. two tours in Vietnam. Kyle R. Schneider was born on Janu- On August 26, 1968, while serving as a With no further speakers on this side, I yield back the balance of my time. ary 8, 1988, to Richard and Lorie squad leader with the First Platoon, Schneider. He was raised in the Company B, in an operation west of Ms. BUERKLE. Mr. Speaker, I urge all Members to support the passage of Baldwinsville, New York, area with his Tam Ky, Mr. Bacon and his unit came brother, Kevin. Kyle was a graduate of under fire. He destroyed an enemy posi- H.R. 3870, and I yield back the balance of my time. Baker High School in Baldwinsville, tion with hand grenades, but his pla- and attended Onondaga Community toon leader was wounded in open The SPEAKER pro tempore. The question is on the motion offered by College for 1 year in the criminal jus- ground. Without hesitating, he as- tice program. sumed command and led the platoon in the gentlewoman from New York (Ms. destroying still more enemy emplace- BUERKLE) that the House suspend the b 1810 ments. rules and pass the bill, H.R. 3870. While at Baker High School, he The question was taken; and (two- When the third platoon leader was played football, baseball, and ran thirds being in the affirmative) the wounded, Mr. Bacon took command of track. Kyle loved the outdoors and was rules were suspended and the bill was that platoon as well, leading both pla- an avid hunter and fisherman. toons against the remaining enemy po- passed. In March of 2008, Kyle joined the A motion to reconsider was laid on sitions. During evacuation of the United States Marine Corps and grad- the table. wounded, he climbed up on the deck of uated from boot camp in June of 2008. a nearby tank, and from that vantage f He attended the School of Infantry in point, he directed fire into enemy posi- CORPORAL KYLE SCHNEIDER POST July and graduated in September. tions, all while exposed to enemy fire OFFICE BUILDING From September to October, he at- himself. Ms. BUERKLE. Mr. Speaker, I move tended the Marine Corps Security He personally is credited with de- to suspend the rules and pass the bill Forces Training. In October of 2008 he stroying an anti-tank weapon and mov- (H.R. 5837) to designate the facility of was with the Guard Company Marine ing the platoons forward so they could the United States Postal Service lo- Barracks in Washington, D.C. In May eliminate the enemy positions and res- cated at 26 East Genesee Street in 2010, he was transferred to Echo Com- cue soldiers trapped at the front. For Baldwinsville, New York, as the ‘‘Cor- pany, 2nd Battalion, 8th Marine Regi- his actions on that day, Mr. Bacon re- poral Kyle Schneider Post Office Build- ment, II Marine Expeditionary Force. ceived the Medal of Honor, which was ing’’. In January of 2011, Kyle was assigned presented to him by President Richard The Clerk read the title of the bill. to the 3rd Platoon and was deployed to Nixon during a ceremony at the White The text of the bill is as follows: Afghanistan in support of Operation House in 1969. H.R. 5837 Enduring Freedom. Mr. Bacon also earned multiple Be it enacted by the Senate and House of Rep- In defense of our Nation, Kyle was awards for his accomplishments, in- resentatives of the United States of America in killed in Helmand Province, Afghani- cluding the Distinguished Service Congress assembled, stan, on June 30, 2011, by an improvised

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.065 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5112 CONGRESSIONAL RECORD — HOUSE July 23, 2012 explosive device. Corporal Kyle R. ligence Agency NCS Officer Gregg David Our deepest gratitude goes to Gregg’s Schneider was 23 years old. Wenzel Memorial Post Office’’. family for their sacrifice, whom I’ve Corporal Schneider is an American (b) REFERENCES.—Any reference in a law, had the pleasure of speaking with. map, regulation, document, paper, or other hero. He was a proud and valiant ma- record of the United States to the facility re- While no memorial, however appro- rine. He was also a son, a brother, a ferred to in subsection (a) shall be deemed to priate, can remove the pain of parents grandson, a fiance, a friend, and a com- be a reference to the ‘‘National Clandestine and loved ones when they lose a child, rade. Kyle is greatly missed, and no Service of the Central Intelligence Agency I hope that Gregg’s parents and family words will diminish the grief of those NCS Officer Gregg David Wenzel Memorial will find comfort in his receiving this who knew and loved him. In his death, Post Office’’. eminently deserved posthumous rec- he has earned the thanks of a grateful The SPEAKER pro tempore. Pursu- ognition. Nation. ant to the rule, the gentlewoman from Mr. CONNOLLY of Virginia. Mr. Mr. Speaker, let us honor the service New York (Ms. BUERKLE) and the gen- Speaker, I yield myself such time as I and sacrifice of Corporal Kyle R. tleman from Virginia (Mr. CONNOLLY) may consume. Schneider through the passage of this each will control 20 minutes. I am pleased to join in support of my legislation to designate the The Chair recognizes the gentle- colleague from New York in her urging Baldwinsville Post Office in his honor. woman from New York. us to pass H.R. 3593, to designate the I urge my colleagues to join me in GENERAL LEAVE facility of the U.S. Postal Service lo- strong support of this bill. Ms. BUERKLE. Mr. Speaker, I ask cated at 787 State Route 17M in Mon- I reserve the balance of my time. unanimous consent that all Members roe, New York, as the National Clan- Mr. CONNOLLY of Virginia. I yield may have 5 legislative days within destine Service of the Central Intel- myself such time as I may consume. which to revise and extend their re- ligence Agency NCS Officer Gregg I am pleased to join my colleague marks and include extraneous material David Wenzel Memorial Post Office. from New York (Ms. BUERKLE) in sup- on the bill under consideration. As our colleague from New York indi- porting H.R. 5837, a bill to designate The SPEAKER pro tempore. Is there cated, this is a posthumous recognition the facility of the United States Postal objection to the request of the gentle- of the ultimate sacrifice for his coun- Service located at 26 East Genesee woman from New York? try that finally can be recognized, even There was no objection. Street in Baldwinsville, New York, as Ms. BUERKLE. Mr. Speaker, I yield though he served his country in a clan- the Corporal Kyle Schneider Post Of- such time as she may consume to the destine role. I urge all of my colleagues fice Building. sponsor of this legislation, my distin- to support this legislation. The dedication to his country, his guished colleague from the State of With that, Mr. Speaker, I yield back the balance of my time. sacrifice, his bravery are certainly wor- New York, Representative HAYWORTH. thy of this honor, and I urge all of my Ms. HAYWORTH. I thank the distin- Ms. BUERKLE. Mr. Speaker, I urge colleagues to support this bill. guished gentlewoman from New York. all Members to support the passage of I yield back the balance of my time. Our bill, H.R. 3593, to designate the H.R. 3593. Ms. BUERKLE. I yield back the bal- post office on State Route 17M in Mon- I yield back the balance of my time. ance of my time. roe, New York, as the National Clan- The SPEAKER pro tempore. The The SPEAKER pro tempore. The destine Service of the Central Intel- question is on the motion offered by question is on the motion offered by ligence Agency NCS Officer Gregg the gentlewoman from New York (Ms. the gentlewoman from New York (Ms. David Wenzel Memorial Post Office, BUERKLE) that the House suspend the BUERKLE) that the House suspend the honors the life and service of Gregg rules and pass the bill, H.R. 3593. rules and pass the bill, H.R. 5837. David Wenzel, who was from Monroe. The question was taken; and (two- The question was taken; and (two- He is the son of Gladys and Mitchell thirds being in the affirmative) the thirds being in the affirmative) the Wenzel, who still live in Monroe. rules were suspended and the bill was rules were suspended and the bill was Gregg graduated from Monroe- passed. passed. Woodbury High School and from the A motion to reconsider was laid on A motion to reconsider was laid on State University of New York at Bing- the table. the table. hamton. He received his juris doctor f degree from the University of Miami f ARMY FIRST SERGEANT DAVID School of Law, and he served as a pub- MCNERNEY POST OFFICE BUILD- NATIONAL CLANDESTINE SERVICE lic defender in Florida before he began ING OF THE CENTRAL INTELLIGENCE his career with the Central Intelligence AGENCY NCS OFFICER GREGG Agency. He did so because, in his own Ms. BUERKLE. Mr. Speaker, I move DAVID WENZEL MEMORIAL POST words, he wished ‘‘to live for a greater to suspend the rules and pass the bill OFFICE purpose than himself.’’ (H.R. 3477) to designate the facility of Ms. BUERKLE. Mr. Speaker, I move He was a member of the first post- the United States Postal Service lo- to suspend the rules and pass the bill September 11 training class, and he was cated at 133 Hare Road in Crosby, (H.R. 3593) to designate the facility of distinguished for his enthusiasm and Texas, as the Army First Sergeant the United States Postal Service lo- leadership. He was assigned to Addis David McNerney Post Office Building. cated at 787 State Route 17M in Mon- Ababa, Ethiopia, in 2002, as a clandes- The Clerk read the title of the bill. roe, New York, as the ‘‘National Clan- tine officer, losing his life in patriotic The text of the bill is as follows: destine Service of the Central Intel- service in Addis Ababa on July 9, 2003. H.R. 3477 ligence Agency NCS Officer Gregg Gregg’s CIA affiliation was not re- Be it enacted by the Senate and House of Rep- David Wenzel Memorial Post Office’’. vealed publicly for 6 years. In June resentatives of the United States of America in The Clerk read the title of the bill. 2009, it was finally revealed when he Congress assembled, The text of the bill is as follows: was honored with a star on the Memo- SECTION 1. ARMY FIRST SERGEANT DAVID MCNERNEY POST OFFICE BUILDING. H.R. 3593 rial Wall in the CIA headquarters. Then-CIA Director Leon Panetta (a) DESIGNATION.—The facility of the Be it enacted by the Senate and House of Rep- United States Postal Service located at 133 resentatives of the United States of America in noted, ‘‘We find some measure of solace in knowing that Gregg achieved what Hare Road in Crosby, Texas, shall be known Congress assembled, and designated as the ‘‘Army First Sergeant SECTION 1. NATIONAL CLANDESTINE SERVICE he set out to do: he lived for a greater David McNerney Post Office Building’’. OF THE CENTRAL INTELLIGENCE purpose than himself.’’ (b) REFERENCES.—Any reference in a law, AGENCY NCS OFFICER GREGG When a man has given his life, as map, regulation, document, paper, or other DAVID WENZEL MEMORIAL POST OF- Gregg David Wenzel did, to protect our record of the United States to the facility re- FICE. American liberties, honoring him ferred to in subsection (a) shall be deemed to (a) DESIGNATION.—The facility of the be a reference to the ‘‘Army First Sergeant United States Postal Service located at 787 through the tradition of naming a post David McNerney Post Office Building’’. State Route 17M in Monroe, New York, shall office for his extraordinary service to be known and designated as the ‘‘National our country is both fitting and inspir- The SPEAKER pro tempore. Pursu- Clandestine Service of the Central Intel- ing. ant to the rule, the gentlewoman from

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.069 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5113 New York (Ms. BUERKLE) and the gen- After he received the Congressional The question was taken. tleman from Virginia (Mr. CONNOLLY) Medal of Honor, First Sergeant David The SPEAKER pro tempore. In the each will control 20 minutes. McNerney from Crosby, Texas, volun- opinion of the Chair, two-thirds being The Chair recognizes the gentle- teered for another tour of duty in Viet- in the affirmative, the ayes have it. woman from New York. nam. Mr. POE of Texas. Mr. Speaker, on GENERAL LEAVE Mr. Speaker, those were amazing that I demand the yeas and nays. Ms. BUERKLE. I ask unanimous con- men that served America in the Viet- The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- sent that all Members may have 5 leg- nam War. First Sergeant McNerney ant to clause 8 of rule XX, further pro- islative days within which to revise served with thousands of other Viet- ceedings on this question will be post- and extend their remarks and include nam troops and generally were not ap- poned. extraneous material on the bill under preciated by America when they re- consideration. turned back home after doing what f The SPEAKER pro tempore. Is there their country asked them to do. JUDGE SHIRLEY A. TOLENTINO objection to the request of the gentle- After he retired from the Army in POST OFFICE BUILDING woman from New York? 1969, he worked in the Customs Service Ms. BUERKLE. Mr. Speaker, I move There was no objection. at the Port of Houston until 1995. He to suspend the rules and pass the bill Ms. BUERKLE. I yield such time as served his country for 46 years in the (H.R. 2896) to designate the facility of he may consume to the sponsor of this United States Navy, United States the United States Postal Service lo- legislation, my distinguished colleague Army, and the Customs Service. cated at 369 Martin Luther King Jr. from Texas (Mr. POE). After all of his work and service, he Drive in Jersey City, New Jersey, as Mr. POE of Texas. I thank the gentle- worked in the community in Crosby. the ‘‘Judge Shirley A. Tolentino Post lady from New York for yielding time. He led by example, with his involve- Office Building’’. Mr. Speaker, it was the Vietnam war. ment in the Crosby High School Junior The Clerk read the title of the bill. It was March 1967—45 years ago. Reserve Officer Training Corps and the The text of the bill is as follows: Army First Sergeant David Crosby American Legion Post 658. H.R. 2896 McNerney’s company was sent to re- First Sergeant McNerney died in Be it enacted by the Senate and House of Rep- cover a missing American Army recon- Texas on October 10, 2010, at the age of resentatives of the United States of America in naissance team. As his company ap- 79, still a patriot. He called his home- Congress assembled, proached that reconnaissance team, town Crosby, and they called him their SECTION 1. JUDGE SHIRLEY A. TOLENTINO POST they walked into heavy fire from the hero. Crosby American Legion Post 658 OFFICE BUILDING. Vietnamese Army. McNerney was soon is named for him. (a) DESIGNATION.—The facility of the Mr. Speaker, Crosby, Texas, like United States Postal Service located at 369 wounded by a grenade, and the com- Martin Luther King Jr. Drive in Jersey City, mander was killed, but Sergeant many of the towns mentioned in the New Jersey, shall be known and designated McNerney took control of the situa- last few resolutions and bills, is a small as the ‘‘Judge Shirley A. Tolentino Post Of- tion. town in America. It’s an old-fashioned, fice Building’’. Injury could not deter this patriot. flag-waving patriotic town that honors (b) REFERENCES.—Any reference in a law, He climbed a tree, exposing his posi- our returning veterans from Iraq and map, regulation, document, paper, or other record of the United States to the facility re- tion to heavy enemy fire, and called in from Afghanistan. First Sergeant McNerney’s bravery ferred to in subsection (a) shall be deemed to close artillery fire. After that occurred, be a reference to the ‘‘Judge Shirley A. he personally destroyed an enemy ma- and commitment to our country and Tolentino Post Office Building’’. chine gun. And always thinking of oth- community is well worth the acknowl- The SPEAKER pro tempore. Pursu- ers, he personally pulled wounded sol- edgement by naming a post office after ant to the rule, the gentlewoman from him, at 133 Hare Road in Crosby, Texas, diers to safety and secured a landing New York (Ms. BUERKLE) and the gen- the Army First Sergeant David McNer- zone for medical helicopters that were tleman from Virginia (Mr. CONNOLLY) approaching. ney Post Office. each will control 20 minutes. Mr. Speaker, men like Army First b 1820 The Chair recognizes the gentle- Sergeant David McNerney are the rea- woman from New York. He had the chance to evacuate that son our country has always had the Ms. BUERKLE. Mr. Speaker, I yield evening, but he refused and remained best military in history. myself such time as I may consume. with his troops overnight on the bat- And that’s just the way it is. GENERAL LEAVE tlefield until a new commander arrived Mr. CONNOLLY of Virginia. Mr. Mr. Speaker, I ask unanimous con- the next day. His actions stopped the Speaker, I’m pleased to again join my sent that all Members may have 5 leg- enemy advance and saved many of his friend and colleague from Texas in hon- islative days in which to revise and ex- own men’s lives. These actions of her- oring this brave man. Serving as many tend their remarks and include extra- oism earned David McNerney the Con- tours of duty in Vietnam was a rare neous materials on the bill under congressional Medal of Honor presented to event in that era than the tours of duty sideration. him by Lyndon Baines Johnson in 1968. in Iraq and Afghanistan. That was par- The SPEAKER pro tempore. Is there Mr. Speaker, this is a fairly recent ticularly noteworthy. objection to the request of the gentle- photograph of First Sergeant David I’m pleased to urge my colleagues to woman from New York? McNerney. He kind of looks like Clint join with Judge POE and our other col- There was no objection. Eastwood to me and he’s just as tough, leagues in support of H.R. 3477 in order Ms. BUERKLE. H.R. 2896, introduced because I knew him for a good number to designate the facility of the United by the gentleman from New Jersey, Mr. of years until he died in 2010. States Postal Service located at 133 Payne, would designate the facility of This was not where Sergeant Hare Road in Crosby, Texas, as the the United States Postal Service lo- McNerney’s service to America would Army First Sergeant David McNerney cated at 369 Martin Luther King Jr. end on that battlefield in Vietnam. He Post Office Building, and I urge its Drive in Jersey City, New Jersey, as started really serving the United adoption. the Judge Shirley A. Tolentino Post States when he joined the United With that, I yield back the balance of Office Building. The bill is cosponsored States Navy right out of St. Thomas my time. by the entire New Jersey State delega- High School in Houston, Texas. He did Ms. BUERKLE. Mr. Speaker, I urge tion and was favorably reported by the two tours of duty in the Korean War. all Members to support the passage of Committee on Oversight and Govern- After leaving the Navy in 1953, he H.R. 3477, and I yield back the balance ment Reform on June 27. Although joined the United States Army, and of my time. Representative Payne passed away ear- was one of the first 500 so-called ‘‘ad- The SPEAKER pro tempore. The lier this year, it is our privilege to con- visers’’ sent to Vietnam by President question is on the motion offered by sider H.R. 2896 today. Kennedy in 1962. The acts that earned the gentlewoman from New York (Ms. Mr. Speaker, I urge my colleagues to McNerney the Medal of Honor came on BUERKLE) that the House suspend the join me in strong support of this bill, his third tour of duty in Vietnam. rules and pass the bill, H.R. 3477. and I reserve the balance of my time.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.073 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5114 CONGRESSIONAL RECORD — HOUSE July 23, 2012 Mr. CONNOLLY of Virginia. Mr. b 1830 so much about and worked so hard to Speaker, I rise in support of H.R. 2896, WARREN LINDLEY POST OFFICE improve. which would name the postal facility After purchasing a grocery store in located at 269 Martin Luther King Jr. Ms. BUERKLE. Mr. Speaker, I move Hartshorne, Oklahoma, in 1979, Warren Drive in Jersey City, New Jersey, after to suspend the rules and pass the bill realized that as a small business owner, the late Judge Shirley A. Tolentino. (H.R. 1369) to designate the facility of he could greatly contribute to the eco- This was a bill favored by our late col- the United States Postal Service lo- nomic success of his town. In the years league, Donald Payne of New Jersey, cated at 1021 Pennsylvania Avenue in following his initial purchase, Warren and it’s an honor and privilege to carry Hartshorne, Oklahoma, as the ‘‘Warren helped to open a convenience store, a that bill on the floor today. Lindley Post Office’’. car wash, a laundromat, a medical clin- The Clerk read the title of the bill. ic, and a water company in order to Shirley Tolentino was born in Jersey The text of the bill is as follows: City, served in the judicial system, and provide more job opportunities for peo- H.R. 1369 lived a life of great accomplishments. ple in his growing community. Be it enacted by the Senate and House of Rep- She graduated with a degree in Latin However, his charity did not end resentatives of the United States of America in there. During a historic ice storm, with honors from the College of St. Congress assembled, Elizabeth. Judge Tolentino taught Warren worked to secure food, water, SECTION 1. WARREN LINDLEY POST OFFICE. and other necessary items for his Latin and English before starting law (a) DESIGNATION.—The facility of the school. As a student at Seton Hall Uni- townspeople, even personally deliv- United States Postal Service located at 1021 ering the goods to those that were versity School of Law, Judge Tolentino Pennsylvania Avenue in Hartshorne, Okla- was the only African American female homa, as the ‘‘Warren Lindley Post Office’’. most in need. In addition to hiring in the graduating class of 1971. (b) REFERENCES.—Any reference in a law, many local students for their first job, map, regulation, document, paper, or other Warren provided numerous employees She became a deputy attorney gen- record of the United States to the facility re- with the guidance and encouragement eral in the State of New Jersey, where ferred to in subsection (a) shall be deemed to needed to earn scholarships for college she remained until being appointed to be a reference to the ‘‘Warren Lindley Post and grow confident in their future. the Jersey City Municipal Court in Office’’. Warren Lindley was a self-made busi- 1976, becoming the first female ap- The SPEAKER pro tempore. Pursu- nessman, a respected community lead- pointed to that position. Judge ant to the rule, the gentlewoman from er, a beloved friend, and an admirable Tolentino received her master of laws New York (Ms. BUERKLE) and the gen- citizen. A post office named in his degree in criminal justice from NYU tleman from Virginia (Mr. CONNOLLY) honor will serve as a reminder to the Graduate School of Law in 1980 while each will control 20 minutes. Hartshorne community to live each continuing to serve in the municipal The Chair recognizes the gentle- day in the service and support of one court. She later was elevated to the po- woman from New York. another. sition of presiding judge of the munic- GENERAL LEAVE I know tonight that his widow, ipal court of New Jersey, again as the Ms. BUERKLE. Mr. Speaker, I ask Clidia, and his family is watching, and first female to hold that position. unanimous consent that all Members they are very proud that his legacy With all those great accomplish- have 5 legislative days within which to will go on. We will miss Warren ments, she viewed her appointment and revise and extend their remarks and in- Lindley. time served on the Coleman Commis- clude extraneous material on the bill I urge passage of this legislation. sion, which would later be called the under consideration. Mr. CONNOLLY of Virginia. Mr. New Jersey Supreme Court Task Force The SPEAKER pro tempore. Is there Speaker, I join my colleagues in urging on Minority Concerns, as her greatest objection to the request of the gentle- passage of H.R. 1369, and I yield back accomplishment. During her time on woman from New York? the balance of my time. the commission, she became chair of There was no objection. The SPEAKER pro tempore. The the subcommittee on juvenile justice. Ms. BUERKLE. Mr. Speaker, I urge question is on the motion offered by the gentlewoman from New York (Ms. As a member of the Jersey City Hud- all of my colleagues to join me in strong support of this bill, and I yield BUERKLE) that the House suspend the son County Urban League, the Hudson rules and pass the bill, H.R. 1369. County Girl Scouts Board, Delta Sigma back the balance of my time. Mr. CONNOLLY of Virginia. Mr. The question was taken; and (two- Theta Sorority, Inc., and a host of thirds being in the affirmative) the other local organizations, she served in Speaker, I certainly am pleased to join my colleagues, and especially my col- rules were suspended and the bill was prominent roles and loved being part of passed. her community and, obviously, served league from Oklahoma (Mr. BOREN), in support of this bill. And I urge our col- A motion to reconsider was laid on as a role model for future generations, the table. especially among young women. leagues to support H.R. 1369, a bill to designate the facility of the United f Mr. Speaker, I urge passage of H.R. States Postal Service located at 1021 ANNOUNCEMENT BY THE SPEAKER 2896 to honor the life of Judge Pennsylvania Avenue in Hartshorne, PRO TEMPORE Tolentino and to remember our distin- Oklahoma, as the Warren Lindley Post The SPEAKER pro tempore. Pursu- guished late colleague, Donald Payne Office. ant to clause 8 of rule XX, proceedings of New Jersey. I am now pleased to yield to my col- will resume on motions to suspend the With that, I yield back the balance of league from Oklahoma (Mr. BOREN) for rules previously postponed. my time. such time as he may consume. Votes will be taken in the following Mr. BOREN. Mr. Speaker, I rise Ms. BUERKLE. Mr. Speaker, I urge order: all Members to support the passage of today in support of H.R. 1369, a bill to H.R. 2362, by the yeas and nays; H.R. 2896, and I yield back the balance designate the facility of the United S. 2039, by the yeas and nays; of my time. States Postal Service located at 1021 H.R. 3477, by the yeas and nays. Pennsylvania Avenue in Hartshorne, The SPEAKER pro tempore. The The first electronic vote will be con- Oklahoma, as the Warren Lindley Post question is on the motion offered by ducted as a 15-minute vote. Remaining Office, a bill that has the support of the gentlewoman from New York (Ms. electronic votes will be conducted as 5- the entire Oklahoma delegation. BUERKLE) that the House suspend the minute votes. All of us who knew Warren knew him rules and pass the bill, H.R. 2896. f for his caring heart. Warren Lindley The question was taken; and (two- proved time and again that he would go INDIAN TRIBAL TRADE AND IN- thirds being in the affirmative) the to great lengths to assist his commu- VESTMENT DEMONSTRATION rules were suspended and the bill was nity. The naming of a post office facil- PROJECT ACT OF 2011 passed. ity after this great man would not only The SPEAKER pro tempore. The un- A motion to reconsider was laid on honor his accomplishments, but also finished business is the vote on the mo- the table. those of the community that he cared tion to suspend the rules and pass the

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.076 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5115 bill (H.R. 2362) to facilitate economic NAYS—160 Stated against: development by Indian tribes and en- Adams Green, Gene Richmond Mr. FILNER. Mr. Speaker, on rollcall 499, I courage investment by Turkish enter- Altmire Grijalva Rivera was away from the Capitol due to prior com- Amash Grimm Rooney mitments to my constituents. Had I been prises, as amended, on which the yeas Andrews Hahn Ross (FL) and nays were ordered. Baca Higgins Rothman (NJ) present, I would have voted ‘‘nay.’’ Baldwin Himes Roybal-Allard The Clerk read the title of the bill. Barber Hinchey Royce f Barrow Holt The SPEAKER pro tempore. The Rush Berkley Hoyer Ryan (OH) AUTHORIZING STATE OR LOCAL question is on the motion offered by Bilirakis Huelskamp Sa´ nchez, Linda GOVERNMENT TO CONSTRUCT Bishop (NY) Israel T. the gentleman from Washington (Mr. Boswell Jackson Lee LEVEES ON CERTAIN PROP- Sanchez, Loretta HASTINGS) that the House suspend the Braley (IA) (TX) ERTIES Sarbanes Brown (FL) Jordan rules and pass the bill, as amended. Schakowsky Buerkle Kaptur The SPEAKER pro tempore (Mr. Schiff The vote was taken by electronic de- Butterfield Keating WOMACK). The unfinished business is Campbell Kildee Schwartz the vote on the motion to suspend the vice, and there were—yeas 222, nays Scott (VA) Capps Kind rules and pass the bill (S. 2039) to allow 160, not voting 49, as follows: Capuano King (NY) Scott, David Carney Kucinich Sensenbrenner a State or local government to con- [Roll No. 499] Carson (IN) Langevin Serrano struct levees on certain properties oth- Castor (FL) LaTourette Sewell erwise designated as open space lands YEAS—222 Sherman Chu Levin on which the yeas and nays were or- Aderholt Gerlach Myrick Cicilline Lewis (GA) Sires Alexander Gibbs Neugebauer Clarke (MI) Lipinski Slaughter dered. Amodei Gibson Noem Clarke (NY) LoBiondo Smith (NJ) The Clerk read the title of the bill. Bachmann Goodlatte Nunnelee Clay Loebsack Southerland The SPEAKER pro tempore. The Cleaver Lofgren, Zoe Bachus Gowdy Olson Stark question is on the motion offered by Barletta Granger Owens Coffman (CO) Lowey Sutton Bartlett Griffin (AR) Pascrell Cooper Lynch Thompson (CA) the gentleman from Alaska (Mr. Barton (TX) Griffith (VA) Pastor (AZ) Costa Maloney Thompson (MS) YOUNG) that the House suspend the Bass (CA) Guinta Paul Costello Markey Tiberi rules and pass the bill. Bass (NH) Guthrie Courtney Matsui Paulsen Tierney This is a 5-minute vote. Benishek Hall Pearce Crowley McCarthy (CA) Tonko Berg Hanabusa Pence Cummings McCarthy (NY) Tsongas The vote was taken by electronic de- Biggert Hanna Peterson Davis (CA) McDermott Upton vice, and there were—yeas 126, nays Davis (IL) McGovern Bilbray Harper Petri Van Hollen DeFazio Meehan 254, not voting 51, as follows: Bishop (GA) Harris Pitts Vela´ zquez DeGette Michaud Black Hartzler Platts Visclosky [Roll No. 500] Blackburn Hastings (FL) DeLauro Miller (FL) Poe (TX) Walsh (IL) YEAS—126 Blumenauer Hastings (WA) Denham Miller (NC) Polis Walz (MN) Bonamici Hayworth Deutch Moore Altmire Gibson Noem Pompeo Wasserman Bonner Heck Posey Diaz-Balart Murphy (PA) Amodei Goodlatte Olson Dingell Nadler Schultz Bachmann Gowdy Bono Mack Heinrich Price (GA) Paulsen Dold Napolitano Watt Bachus Graves (GA) Boren Hensarling Quayle Pearce Duncan (TN) Neal Waxman Barletta Griffith (VA) Boustany Herger Rahall Peterson Engel Nugent Welch Barton (TX) Grimm Brady (PA) Herrera Beutler Reed Pitts Eshoo Nunes West Benishek Guthrie Brady (TX) Hochul Rehberg Platts Forbes Palazzo Westmoreland Berg Harper Brooks Holden Reichert Pompeo Fortenberry Pallone Wilson (FL) Bilirakis Harris Broun (GA) Huizenga (MI) Renacci Posey Frank (MA) Pelosi Wolf Black Hastings (WA) Buchanan Hultgren Ribble Reed Frelinghuysen Pingree (ME) Woodall Blackburn Heck Bucshon Hunter Richardson Rehberg Gonzalez Price (NC) Woolsey Bono Mack Herger Burgess Hurt Rigell Ribble Calvert Issa Graves (GA) Quigley Yarmuth Boren Herrera Beutler Roby Rigell Camp Jenkins Green, Al Rangel Young (FL) Brady (PA) Holden Roe (TN) Rivera Canseco Johnson (GA) Brady (TX) Huelskamp Rogers (AL) Roe (TN) Cantor Johnson (OH) NOT VOTING—49 Braley (IA) Hunter Rogers (MI) Rogers (AL) Carnahan Johnson, E. B. Ackerman Fleischmann Miller, Gary Buchanan Hurt Ros-Lehtinen Ros-Lehtinen Carter Johnson, Sam Akin Gingrey (GA) Miller, George Camp Issa Roskam Roskam Cassidy Jones Austria Gohmert Cantor Jenkins Ross (AR) Murphy (CT) Ross (AR) Chabot Kelly Becerra Gosar Coble Johnson (OH) Runyan Olver Ross (FL) Chaffetz King (IA) Berman Graves (MO) Coffman (CO) Johnson, Sam Ruppersberger Perlmutter Ryan (WI) Chandler Kingston Bishop (UT) Gutierrez Cole Kelly Ryan (WI) Peters Scalise Clyburn Kinzinger (IL) Burton (IN) Hinojosa Cravaack King (IA) Scalise Reyes Scott (SC) Coble Kline Capito Hirono Crawford King (NY) Rogers (KY) Scott, Austin Cohen Lamborn Schilling Cardoza Honda Crenshaw Kingston Rohrabacher Shimkus Cole Lance Schmidt Conyers Jackson (IL) Davis (KY) Kline Rokita Smith (NE) Conaway Landry Schock Critz Johnson (IL) Dent Landry Schrader Connolly (VA) Lankford Schweikert Dicks Kissell DesJarlais Lankford Smith (TX) Cravaack Larson (CT) Scott (SC) Donnelly (IN) Labrador Smith (WA) Diaz-Balart Lewis (CA) Southerland Crawford Latham Scott, Austin Ellison Larsen (WA) Speier Dreier Long Terry Crenshaw Latta Sessions Farr Lee (CA) Stivers Duffy Lucas Thompson (PA) Cuellar Lewis (CA) Shimkus Filner Mack Waters Duncan (SC) Luetkemeyer Tipton Culberson Long Shuler Flake McIntyre Ellmers Lummis Turner (NY) Davis (KY) Lucas Shuster Emerson Lungren, Daniel Turner (OH) Dent Luetkemeyer Simpson b 1856 Farenthold E. Walberg Smith (NE) Walden DesJarlais Luja´ n Messrs. ROSS of Florida, Fattah Marino Doggett Lummis Smith (TX) Flores McCarthy (CA) Welch Doyle Lungren, Daniel Stearns HUELSKAMP, DAVIS of Illinois, Fortenberry McHenry Westmoreland Dreier E. Stutzman TIBERI, WESTMORELAND, WEST, Foxx McKinley Whitfield Duffy Manzullo Sullivan MEEHAN, SMITH of New Jersey and Frelinghuysen McMorris Wilson (SC) Duncan (SC) Marchant Terry Gallegly Rodgers Womack Edwards Marino Thompson (PA) Ms. BUERKLE changed their vote from Gardner Mulvaney Yoder Ellmers Matheson Thornberry ‘‘yea’’ to ‘‘nay.’’ Garrett Murphy (PA) Young (AK) Emerson McCaul Tipton Messrs. ROSKAM, FATTAH, RUP- NAYS—254 Farenthold McClintock Towns PERSBERGER, JOHNSON of Georgia, Fattah McCollum Turner (NY) Adams Berkley Brown (FL) Fincher McHenry Turner (OH) LATHAM, MEEKS, Mrs. HARTZLER Aderholt Biggert Bucshon Fitzpatrick McKeon Walberg and Ms. RICHARDSON changed their Alexander Bilbray Buerkle Fleming McKinley Walden vote from ‘‘nay’’ to ‘‘yea.’’ Amash Bishop (GA) Burgess Flores McMorris Webster Andrews Bishop (NY) Butterfield Foxx Rodgers Whitfield Mr. UPTON changed his vote from Baca Blumenauer Calvert Franks (AZ) McNerney Wilson (SC) ‘‘present’’ to ‘‘nay.’’ Baldwin Bonamici Campbell Fudge Meeks Wittman So (two-thirds not being in the af- Barber Bonner Canseco Gallegly Mica Womack firmative) the motion was rejected. Barrow Boswell Capps Garamendi Miller (MI) Yoder Bartlett Boustany Capuano Gardner Moran Young (AK) The result of the vote was announced Bass (CA) Brooks Carnahan Garrett Mulvaney Young (IN) as above recorded. Bass (NH) Broun (GA) Carney

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.080 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5116 CONGRESSIONAL RECORD — HOUSE July 23, 2012 Carson (IN) Jackson Lee Quigley b 1903 Goodlatte Lynch Roybal-Allard Carter (TX) Rahall Gowdy Maloney Royce Cassidy Johnson (GA) Rangel Mr. OWENS changed his vote from Graves (GA) Manzullo Runyan Castor (FL) Johnson, E. B. Reichert ‘‘yea’’ to ‘‘nay.’’ Green, Al Marchant Ruppersberger Chabot Jones Renacci So (two-thirds not being in the af- Green, Gene Marino Rush Chaffetz Jordan Richardson Griffin (AR) Markey Ryan (OH) Chandler Kaptur Richmond firmative) the motion was rejected. Griffith (VA) Matheson Ryan (WI) Chu Keating Roby The result of the vote was announced Grijalva Matsui Sa´ nchez, Linda Cicilline Kildee Rogers (MI) as above recorded. Grimm McCarthy (CA) T. Clarke (MI) Kind Rokita Stated for: Guinta McCarthy (NY) Sanchez, Loretta Clarke (NY) Kinzinger (IL) Rooney Guthrie McCaul Sarbanes Clay Kucinich Rothman (NJ) Mrs. HARTZLER. Mr. Speaker, on rollcall Hahn McClintock Scalise Cleaver Labrador Roybal-Allard No. 500, I was unavoidably detained. Had I Hall McCollum Schakowsky Clyburn Lamborn Royce been present, I would have voted ‘‘yea.’’ Hanabusa McDermott Schiff Lance Hanna McGovern Schilling Cohen Runyan Stated against: Conaway Langevin Ruppersberger Harper McHenry Schmidt Connolly (VA) Larson (CT) Rush Mr. FILNER. Mr. Speaker, on rollcall 500, I Harris McKeon Schock Cooper Latham Ryan (OH) was away from the Capitol due to prior com- Hartzler McKinley Schwartz Hastings (FL) McMorris Schweikert Costa LaTourette Sa´ nchez, Linda mitments to my constituents. Had I been Hastings (WA) Rodgers Scott (SC) Costello Latta T. present, I would have voted ‘‘nay.’’ Hayworth McNerney Scott (VA) Courtney Levin Sanchez, Loretta Heck Meehan Scott, Austin Crowley Lewis (GA) Sarbanes f Heinrich Meeks Scott, David Cuellar Lipinski Schakowsky Hensarling Mica Sensenbrenner Culberson LoBiondo Schiff ARMY FIRST SERGEANT DAVID Herger Michaud Serrano Cummings Loebsack Schilling Davis (CA) Lofgren, Zoe MCNERNEY POST OFFICE BUILD- Herrera Beutler Miller (FL) Sessions Schmidt Higgins Miller (MI) Sewell Davis (IL) Lowey Schwartz ING DeFazio Luja´ n Himes Miller (NC) Sherman Schweikert The SPEAKER pro tempore. The un- Hinchey Moore Shimkus DeGette Lynch Scott (VA) DeLauro Maloney finished business is the vote on the mo- Hochul Moran Shuler Scott, David Holden Mulvaney Shuster Denham Manzullo Sensenbrenner tion to suspend the rules and pass the Marchant Holt Murphy (PA) Simpson Deutch Serrano bill (H.R. 3477) to designate the facility Dingell Markey Hoyer Myrick Sires Sessions Doggett Matheson of the United States Postal Service lo- Huelskamp Nadler Slaughter Sewell Dold Matsui cated at 133 Hare Road in Crosby, Huizenga (MI) Napolitano Smith (NE) Sherman Hultgren Neal Smith (NJ) Doyle McCarthy (NY) Shuler Texas, as the Army First Sergeant Hunter Neugebauer Smith (TX) Duncan (TN) McCaul Shuster David McNerney Post Office Building, Hurt Noem Southerland Edwards McClintock Simpson Israel Nugent Stark Engel McCollum on which the yeas and nays were or- Sires Issa Nunes Stearns Eshoo McDermott dered. Slaughter Jackson Lee Nunnelee Stutzman Fincher McGovern Smith (NJ) The Clerk read the title of the bill. (TX) Olson Sullivan Fitzpatrick McKeon Stark Jenkins Owens Sutton Fleming McNerney The SPEAKER pro tempore. The Johnson (GA) Palazzo Terry Forbes Meehan Stearns question is on the motion offered by Johnson (OH) Pallone Thompson (CA) Frank (MA) Meeks Stutzman the gentlewoman from New York (Ms. Johnson, E. B. Pascrell Thompson (MS) Franks (AZ) Mica Sutton BUERKLE) that the House suspend the Johnson, Sam Pastor (AZ) Thompson (PA) Fudge Michaud Thompson (CA) Jones Paul Thornberry Garamendi Miller (FL) Thompson (MS) rules and pass the bill. Jordan Pearce Tiberi Gerlach Miller (MI) Thornberry This is a 5-minute vote. Kaptur Pence Tierney Gibbs Miller (NC) Tiberi The vote was taken by electronic de- Keating Peters Tipton Gonzalez Moore Tierney Kelly Peterson Tonko Granger Moran Tonko vice, and there were—yeas 379, nays 0, Kildee Petri Towns Green, Al Myrick Towns not voting 52, as follows: Kind Pingree (ME) Tsongas Green, Gene Nadler Tsongas [Roll No. 501] King (IA) Platts Turner (NY) Griffin (AR) Napolitano Upton King (NY) Poe (TX) Turner (OH) Grijalva Neal Van Hollen YEAS—379 Kingston Polis Upton Guinta Neugebauer Vela´ zquez Adams Burgess Davis (KY) Kinzinger (IL) Pompeo Van Hollen Hahn Nugent Visclosky Aderholt Calvert DeFazio Kline Posey Vela´ zquez Hall Nunes Walsh (IL) Alexander Camp DeGette Kucinich Price (GA) Visclosky Hanabusa Nunnelee Walz (MN) Altmire Campbell DeLauro Labrador Price (NC) Walberg Hanna Owens Wasserman Amash Canseco Denham Lamborn Quayle Walden Hastings (FL) Palazzo Schultz Amodei Cantor Dent Lance Quigley Walsh (IL) Hayworth Pallone Watt Andrews Capps DesJarlais Landry Rahall Walz (MN) Heinrich Pascrell Waxman Baca Capuano Deutch Langevin Rangel Wasserman Hensarling Pastor (AZ) Webster Bachmann Carnahan Diaz-Balart Lankford Reed Schultz Higgins Paul West Bachus Carney Dingell Larson (CT) Rehberg Watt Himes Pence Wilson (FL) Baldwin Carson (IN) Doggett Latham Reichert Waxman Hinchey Petri Wittman Barber Carter Dold LaTourette Renacci Webster Hochul Pingree (ME) Wolf Barletta Cassidy Doyle Latta Ribble Welch Holt Poe (TX) Woodall Barrow Castor (FL) Dreier Levin Richardson West Hoyer Polis Woolsey Bartlett Chabot Duffy Lewis (CA) Richmond Westmoreland Huizenga (MI) Price (GA) Yarmuth Barton (TX) Chaffetz Duncan (SC) Lewis (GA) Rigell Whitfield Hultgren Price (NC) Young (FL) Bass (CA) Chandler Duncan (TN) Lipinski Rivera Wilson (FL) Israel Quayle Young (IN) Bass (NH) Chu Edwards LoBiondo Roby Wilson (SC) Benishek Cicilline Ellmers Loebsack Roe (TN) Wittman NOT VOTING—51 Berg Clarke (MI) Emerson Lofgren, Zoe Rogers (AL) Wolf Berkley Clarke (NY) Engel Ackerman Fleischmann Miller, Gary Long Rogers (MI) Womack Biggert Clay Eshoo Akin Gingrey (GA) Miller, George Lowey Rokita Woodall Bilbray Cleaver Farenthold Austria Gohmert Murphy (CT) Lucas Rooney Woolsey Bilirakis Clyburn Fattah Becerra Gosar Olver Luetkemeyer Ros-Lehtinen Yarmuth Bishop (GA) Coble Fincher Berman Graves (MO) Pelosi Luja´ n Roskam Yoder Bishop (NY) Coffman (CO) Fitzpatrick Bishop (UT) Gutierrez Perlmutter Lummis Ross (AR) Young (AK) Black Cohen Fleming Burton (IN) Hartzler Peters Lungren, Daniel Ross (FL) Young (FL) Blackburn Cole Flores Capito Hinojosa Reyes E. Rothman (NJ) Young (IN) Blumenauer Conaway Forbes Cardoza Hirono Rogers (KY) Bonamici Connolly (VA) Fortenberry Conyers Honda Rohrabacher NOT VOTING—52 Bonner Cooper Foxx Critz Jackson (IL) Schock Bono Mack Costa Frank (MA) Ackerman Critz Graves (MO) Dicks Johnson (IL) Schrader Boren Costello Franks (AZ) Akin Dicks Gutierrez Donnelly (IN) Kissell Smith (WA) Boswell Courtney Frelinghuysen Austria Donnelly (IN) Hinojosa Ellison Larsen (WA) Speier Boustany Cravaack Fudge Becerra Ellison Hirono Farr Lee (CA) Stivers Brady (PA) Crawford Gallegly Berman Farr Honda Filner Mack Sullivan Brady (TX) Crenshaw Garamendi Bishop (UT) Filner Jackson (IL) Flake McIntyre Waters Braley (IA) Crowley Gardner Bucshon Flake Johnson (IL) Brooks Cuellar Garrett Burton (IN) Fleischmann Kissell ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Broun (GA) Culberson Gerlach Butterfield Gingrey (GA) Larsen (WA) Brown (FL) Cummings Gibbs Capito Gohmert Lee (CA) The SPEAKER pro tempore (during Buchanan Davis (CA) Gibson Cardoza Gosar Mack the vote). There is 1 minute remaining. Buerkle Davis (IL) Gonzalez Conyers Granger McIntyre

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.033 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5117 Miller, Gary Perlmutter Smith (WA) SENSIBLE GUN CONTROL RED TAPE REDUCTION AND Miller, George Pitts Speier LEGISLATION SMALL BUSINESS JOB CREATION Murphy (CT) Reyes Stivers ACT Olver Rogers (KY) Waters (Mr. ENGEL asked and was given Paulsen Rohrabacher (Mr. PAULSEN asked and was given Pelosi Schrader permission to address the House for 1 minute and to revise and extend his re- permission to address the House for 1 b 1909 marks.) minute and to revise and extend his re- So (two-thirds being in the affirma- marks.) Mr. ENGEL. Mr. Speaker, the tragic Mr. PAULSEN. Mr. Speaker, over the tive) the rules were suspended and the events that happened in Aurora, Colo- bill was passed. last 3 years, the number of regulations rado just shows us in this country that imposed on small businesses has grown The result of the vote was announced if we don’t have sensible gun control as above recorded. considerably. This year alone, the Fed- legislation, then shame on us; then eral Register has ballooned to a stag- A motion to reconsider was laid on we’re the fools. the table. gering 41,662 pages, burying our Na- Stated for: Nobody is against Second Amend- tion’s small businesses in paperwork Mr. PAULSEN. Mr. Speaker, on rollcall No. ment rights, and nobody is not for giv- and red tape. 501, I was unavoidably detained. Had I been ing legitimate people the ability to But it’s not all about page numbers. present, I would have voted ‘‘yea.’’ own guns. But what the shooter was There are very real implications to our Mr. FILNER. Mr. Speaker, on rollcall 501, I able to obtain on the Internet or in a economic recovery as a result of the in- was away from the Capitol due to prior com- gun shop, without any kind of back- creased burden on small businesses. mitments to my constituents. Had I been ground check whatsoever, to me, is un- Nearly half of all small businesses say present, I would have voted ‘‘yea.’’ conscionable and makes no sense what- they aren’t hiring because of red tape. soever. They are spending vital time and en- PERSONAL EXPLANATION ergy and money on navigating the tidal Mr. CONYERS. Mr. Speaker, had I been I think that this Congress has to wave of regulations that is coming out present, I would have voted no on H.R. 2362, come together and find out what lan- of Washington. These are resources the Indian Tribal Trade and Investment Dem- guage we can put in sensible gun control legislation to make sure that when that could be used to invest in new onstration Project Act of 2011 (Rep. COLE— equipment and expand and hire in their Natural Resources). someone buys weapons, they don’t have 100 and 200 and 300 and 1,000 times the payrolls. Had I been present, I would have voted no Mr. Speaker, this week the House on S. 2039, a bill to allow a State or local gov- amount of ammunition that they would need, that a reasonable person will take action, action aimed to freeze ernment to construct levees on certain prop- onerous regulations, to streamline the erties otherwise designated as open space would need, for any reasonable event. My heart goes out to the victims in permitting process for construction lands (Sen. HOEVEN—Transportation and In- projects, and create transparency with- frastructure). Aurora and to their families. This tragedy should never happen again. in regulatory agencies so that employ- Had I been present I would have voted yes ers can have more time and more en- on H.R. 3477, to designate the facility of the ergy and more resources to growing f United States Postal Service located at 133 and expanding their businesses and, ul- Hare Road in Crosby, Texas, as the Army timately, creating jobs. First Sergeant David McNerney Post Office SEQUESTRATION TARGETS DE- Mr. Speaker, it’s time to help small Building (Rep. POE—Oversight and Govern- PARTMENT OF DEFENSE CIVIL- businesses get out from under the red ment Reform). IAN WORKERS tape coming from Washington. f (Mr. WILSON of South Carolina f HONORING GEORGE DUNKLIN asked and was given permission to ad- EXPRESSING SYMPATHY FOR THE (Mr. CRAWFORD asked and was dress the House for 1 minute and to re- VICTIMS OF THE COLORADO given permission to address the House vise and extend his remarks.) TRAGEDY for 1 minute.) Mr. WILSON of South Carolina. Mr. (Ms. JACKSON LEE of Texas asked Mr. CRAWFORD. Mr. Speaker, I rise Speaker, this month, in Politico, Todd and was given permission to address today to honor George Dunklin on Harrison, a defense analyst at the Cen- the House for 1 minute.) completing his term as an Arkansas ter for Strategic and Budgetary Assess- Ms. JACKSON LEE of Texas. Mr. Game and Fish commissioner. For the ments, warned of the impacts that se- Speaker, we all came together prayer- last 7 years, Mr. Dunklin has worked questration will have on the Depart- fully last week as the tragedy in Au- tirelessly to maintain a healthy wild- ment of Defense civilian work force if rora, Colorado, took place. life population in Arkansas. action is not taken. The State of Texas has a relationship From the time he took office in 2005, If sequestration is implemented, Har- with Colorado. We probably were of one after being appointed by Governor rison warns the Department of Defense territory some time ago. But I rise Mike Huckabee, Mr. Dunklin has been civilian employees ‘‘could see, 10, 15 or today to extend my sympathy to Con- a devoted public servant. One of the ac- even a higher percentage being laid off gressman PERLMUTTER and the entire complishments he’s most proud of is or furloughed shortly after sequestra- congressional delegation in Colorado, improving and restoring water flow tion goes into effect.’’ Over 200,000 jobs both House and Senate. habitat in crucial areas. Arkansas is are at risk in the State of Virginia I also rise to offer sympathy to the world renowned for duck hunting, and alone. victims and those fallen—families, in- restoring the water flow habitats will nocent babies, children, that were in- I support Armed Services Committee make for a better environment for the jured. Chairman BUCK MCKEON’s efforts to many ducks that over winter in Arkan- And I reach out to say this: Tell the protect our national security, and also sas. NRA to come and sit down with all of to protect up to one million jobs that Mr. Dunklin also worked on an agree- us so that this Congress can work in an will be destroyed as a result of seques- ment with the Army Corps of Engi- effective manner, that we can begin to tration. Job loss could be as high as neers to provide minimum flow in the look at issues such as buying 6,000 2.14 million. White River below Bull Shoals Dam rounds of ammunition on the Internet, and in the Norfork River below the With a record unemployment rate not against the Second Amendment, Norfork dam. now of 8 percent for over the past 41 but that the fact that the Internet sell- Always the gentleman, Mr. Dunklin months, the President and Senate ers did not even have to give notice maintained a healthy balance of oppos- should adopt bills that have already that one person was buying 6,000 ing passions on the commission. I ap- been passed by the House. rounds of ammunition. There’s no Fed- preciate all of Mr. Dunklin’s efforts In conclusion, God bless our troops, eral law on that issue. There’s not even and wish him well on his future en- and we will never forget September the a Federal law to give notice on that deavors. 11th in the global war on terrorism. issue.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.035 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5118 CONGRESSIONAL RECORD — HOUSE July 23, 2012 We can find common ground. Some- Mrs. CHRISTENSEN. Thank you, Mr. We need to address that issue—to in- thing has to be done, whether it is a Speaker. still confidence, to restore safety, to disturbed person or not, whether it’s a Again, it is my pleasure to lead this ensure that America continues to be a terrorist act. And for me, this issue Special Order this evening, and I thank land in which people feel safe. was a terrorist condition because of again our Democratic leadership for Mr. Speaker, today, I want to talk what happened. giving us this time. about an issue that is central to Amer- But I want us to come together as Before I yield to the minority whip, I ica, and that is the right to vote. This one. We can do so, and we can come to- want to also add my condolences to the is an issue that affects millions of gether to do what is good for the Amer- families who lost loved ones in the Americans from every walk of life, but ican people, respect the Second Amend- shooting in Aurora, Colorado, and to it will certainly have a disproportional ment, but find ways to protect the those who are recovering from their in- effect on African Americans, Hispanic American people, whoever they are, juries, both physical and emotional. I Americans, seniors, and youth. wherever they live, from these dangers. want to add the condolences of the peo- In 2008, we saw a record turnout from May God bless the people who have ple of the Virgin Islands to all of them. minority communities and younger now fallen, and those who suffer, and They are all in our prayers. It hap- voters as more Americans were ener- God bless the United States of Amer- pened that I had taken my grand- gized to take part in our democracy. ica. daughter, Nia, to a preview of the That democracy is our greatest strength, and the principle of ‘‘one per- f movie the night before, and I really shudder to think of what everyone in son, one vote’’ has always been a vehi- RECOGNIZING CENTRE COUNTY that theater went through that night. cle for Americans to hold their govern- WOMEN’S RESOURCE CENTER It could have been us, and it still could ment accountable and ensure it is re- (Mr. THOMPSON of Pennsylvania be any one of us anywhere unless we do sponsive to the challenges we face as a asked and was given permission to ad- something to ban assault weapons and Nation. We ought to be building on dress the House for 1 minute and to re- to turn back some of what the Repub- that progress we made in 2008 by en- vise and extend his remarks.) lican Congresses have passed. couraging more Americans to register Mr. THOMPSON of Pennsylvania. One of the weapons used by Holmes to vote and cast their ballots. Indeed, Mr. Speaker, I rise today to recognize was an AR–15 rifle, which is a semi- in my view, the Nation—States, coun- the dedication and hard work of the automatic weapon. If the assault weap- ties, communities, municipalities— staff and volunteers of the Centre on ban of the Violent Crime Control need to be reaching out to people to County Women’s Resource Center, and Law Enforcement Act of 1994 had make sure they know how to vote and which has addressed the harms of do- not been allowed to expire, it might be to facilitate their votes, not to put mestic violence while promoting com- that 12 people, including a little girl, stumbling blocks in the way. munity safety in Centre County, Penn- might still be alive. Our colleague, It continues to be deeply disturbing sylvania, since 1975. Gabby Giffords, would not be home, to witness a campaign of raising bar- The Women’s Resource Center pro- making what is, thankfully, a remark- riers to voting and voter registration vides vital services to women, children, able recovery, but the six people who by Republican-controlled legislatures and men who have been victims of sex- died that day might be alive. A young in States across this country. My dear ual assault and/or domestic violence. man in St. Croix, who lost his life yes- friend and colleague, a hero in Amer- The continuum of services includes terday—and many others in the U.S. ican history, JOHN LEWIS, is a veteran prevention, crisis intervention, edu- Virgin Islands and across this coun- of the fight for voting rights in the fif- cation, and advocacy. try—might still be alive if that ban ties and sixties. He carries the scars, In 2010 and 2011 CCWRC served more were in place. both physical and in his memory, of than 1,000 victims with 24-hour con- So, again, on behalf of me and my the great effort to secure not just the fidential and free services for those vic- family and of the people of the Virgin right to vote but the freedom to exer- tims of sexual assault, stalking, and Islands, I offer condolences to the fami- cise that right. That’s why he is help- domestic violence. The emergency lies of those who were lost and to the ing to lead this effort in 2012 to prevent shelter also provides counseling, legal families of those who are recovering. voter suppression and to make certain and medical advocacy, and prevention They are in our prayers. our elections are open to all who are el- programs. At this time, I would like to yield igible to participate. Much of the Federal support the such time as he may consume to our He can attest that today’s effort is a CCWRC receives has been through the Democratic whip, a true leader for all continuation of the work he began as a Violence Against Women Act and the Americans, leading us in many issues. young man. Since the beginning of last Victims of Crime Act, both of which I Tonight, I believe, he is going to talk year, 22 laws and two executive actions am proud to support. about voter protection, but he also has in 17 States have restricted our citi- Mr. Speaker, domestic violence is a been working very hard to make sure zens’ right to vote. Civil rights heroes national epidemic. The professional that we Make It in America and that like JOHN LEWIS refused to accept bar- and caring staff of the Centre County everyone is able to Make It in America. riers to voting in the middle of the 20th Women’s Resource Center is doing (Mr. HOYER asked and was given century, and all of us—each and every their part to raise awareness, assist permission to revise and extend his re- one of us—is here today because we victims, and make positive strides to- marks.) refuse to accept these new restrictions wards further prevention. Their efforts Mr. HOYER. I thank the gentlelady in the 21st century. have not gone unnoticed or under- for yielding. That’s why many of us introduced Mr. Speaker, I want to thank my appreciated, and set an example for the Voter Empowerment Act in May. friends in the Congressional Black Cau- how other communities can address do- Our bill strengthens America’s democ- cus for organizing today’s Special mestic violence. racy by improving our voting system Order, but as my colleague Mr. ENGEL in three key areas: access, integrity, f and as my colleague on the Republican and accountability. It will reauthorize b 1920 side and as Dr. CHRISTENSEN have the Election Assistance Commission, pointed out, our hearts and thoughts create a national voter hotline for re- CONGRESSIONAL BLACK CAUCUS go out to and with those people who by porting problems, allow same-day and HOUR happenstance of going to a movie have online registration, remove obstacles The SPEAKER pro tempore (Mr. GIB- lost their lives, have been injured to voting for military personnel, and SON). Under the Speaker’s announced badly, have lost family members, have prohibit deceptive practices that dis- policy of January 5, 2011, the gentle- had the confidence of going out and courage Americans from casting their woman from the Virgin Islands (Mrs. about in this country put at risk. How votes. CHRISTENSEN) is recognized for 60 min- we lament that loss of life, that loss of Each one of us in this House is op- utes as the designee of the minority confidence, that loss of a sense of safe- posed to voter fraud. Each one of us is leader. ty in their community. opposed to any voter voting who is not

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.087 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5119 eligible to vote. But very frankly, the the ideal of democracy is nothing more than impractical,’’ serving no purpose other than good news in America is that is a very, lip service, we feel good about ourselves. to make it harder for Americans to partici- very, very small problem. In fact, when He then went on to say, Mr. Speaker: pate in the electoral process. These machinations make a mockery of proponents of restrictions are asked to It’s time to look right under our noses. It’s the democracy we put on display every Elec- happening here at home. And it’s our respon- cite examples, they are hard put to do tion Day. The right to vote is the key to that sibility to honestly assess the root of the so. democracy, giving value to the freedom of problem, which requires doing so with as lit- Democrats, Mr. Speaker, are making speech and making the freedom of religion tle partisan bias as we believe belongs in the the issue of voter access a major pri- and the right to assemble possible. When one administration of our elections. ority this year, because we believe that takes away another’s right to vote, he is tak- all Americans deserve to participate in He concluded with this statement: ing dead aim at democracy and undermining this year’s election and to have their We can’t be surprised every time it turns the very virtue that makes us the envy of votes counted accurately. We will con- out that politics are involved in politics, but the world. neither can we be silent when our democracy Including as many Americans as possible tinue to monitor our voting system is threatened in its name. in our electoral process is the spirit of our and call attention to those who seek to There are lines that should not be crossed; country. It is why we have expanded rights undermine it. meddling with voting rights is one of them. to women and minorities but never legis- b 1930 It is un-American, and it is beneath us. lated them away, and why we have lowered I thank my friends in the Congres- the voting age but never raised it. Cynical Again, I want to thank the Congres- sional Black Caucus for their leader- efforts at voter suppression are driven by an sional Black Caucus for its work on ship on this issue to make sure that un-American desire to exclude as many peo- this critical issue, as well as the rank- ple and silence as many voices as possible. the most precious right that every ing member of the Judiciary Com- Our country has never solved anything American has as a birthright is the mittee, Mr. CONYERS, who has been with less democracy, and we’re far better off right to vote. Let us not allow any such a hero on voting rights through- when more citizens can access the polls—no steps to be taken by the Federal Gov- matter which party mobilizes the most vot- out his congressional career; the rank- ernment, by the State government, by ers to them. As governor of Florida, I ex- ing member of the House Administra- county governments, or, yes, by munic- tended voting hours and increased the num- tion Committee, Mr. BRADY; and the ipal and local governments from im- ber of days people could vote. I also restored assistant Democratic leader, Mr. CLY- peding the rights of citizens to speak registration rights for felons, years after BURN. starting that effort in the state Senate with I’m proud that the fight for voter ac- out in the most powerful way they can: a member of the opposite party. cess has attracted a broad coalition of voting. I was a Republican at the time of those de- civil rights organizations, as well as [From the Washington Post, July 20, 2012] cisions, which didn’t make me many friends the Congressional Hispanic Caucus and THE VOTER ID MESS SUBVERTS AN AMERICAN on my side. But when you do the right thing for the people, a political party’s concerns the Congressional Asian Pacific Amer- BIRTHRIGHT (By Charlie Crist) roll off your back quite easily. ican Caucus, and that senior citizen or- The right to choose our leaders is at the For better or worse, the central principle ganizations and, yes, representatives of heart of what it means to be an American. behind the unlimited contributions to super young people are very concerned about Our history books are full of examples to the PACs that will dominate this election cycle contrary. When we send independent observ- the fact that eligible voters are being is simple: Money is speech, and we cannot ers to monitor for voter fraud in banana re- discouraged and, in some cases, sup- limit speech. Yet many who hold this free- publics, we derive authority from our self-re- pressed from exercising their precious dom as an article of faith are all too willing gard as the ideal. When we hear of corrupt American right to vote. Let us never to limit an equally precious form of speech: voting practices in foreign countries, where voting. forget that generations have held it to the ideal of democracy is nothing more than be a moral duty to preserve the most If we don’t speak out against these abuses, we may soon learn the hard way the danger lip service, we feel good about ourselves. powerful guarantor of our liberty: the It’s time to look right under our noses. It’s right of every American to vote. We of that double standard. And a dozen years after the 2000 recount that went all the way happening here at home. And it’s our respon- continue to stand up for it today, and to the U.S. Supreme Court, my state of Flor- sibility to honestly assess the root of the hopefully each day as we proceed. ida threatens to be ground zero one more problem—which requires doing so with as lit- Mr. Speaker, I mentioned a couple of time. tle partisan bias as we believe belongs in the times about what Democrats are doing. As Florida’s attorney general from 2003 to administration of our elections. Let me refer now to an article that ap- 2007, I strongly enforced the laws against il- We can’t be surprised every time it turns out that politics are involved in our politics. peared in The Washington Post today, legal voting. When swift action was necessary, I took it without hesitation. I did so But neither can we be silent when our de- written by Charlie Crist, the former mocracy is threatened in its name. Republican Governor of Florida. He out of respect for our democracy—voting is a precious right reserved only for U.S. citi- There are lines that should not be crossed; says: zens—but I’m concerned that zealots overre- meddling with voting rights is one of them. As a result of insidious political maneuvers acting to contrived threats of voter fraud by It is un-American and it is beneath us. and a lack of respect for voters, we in Flor- significantly narrowing the voting pool are Mrs. CHRISTENSEN. We thank you ida have been entangled in litigation. The doing so with brazen disrespect and disregard for joining us again, as you’ve done courts and the Justice Department have for our greatest traditions. many times before, and for those been required to step in this summer to pro- As a result of insidious political maneuvers strong words and for your strong lead- tect the integrity of the voting process and a lack of respect for voters, we in Flor- against a sweeping voter purge that the ida have been entangled in litigation. The ership. We look forward to working Florida Department of State undertook courts and the Justice Department have with you, Mr. Whip, to make sure that under the guise of removing non-U.S. citi- been required to step in this summer to pro- voting rights are preserved for all zens from voter rolls. tect the integrity of the voting process Americans. He goes on to observe: against a sweeping voter purge that the I would like to now yield such time Among those caught up in this shameless Florida Department of State undertook as she might consume to the Congress- purging and notified that he was not a U.S. under the guise of removing non-U.S. citi- woman from Cleveland, Ohio, Congress- zens from the voter rolls. Among those citizen eligible to vote: a 91-year-old World woman MARCIA FUDGE. War II veteran, Bill Internicola, who fought caught up in this shameless purging and notified that he was not a U.S. citizen eligible Ms. FUDGE. Thank you so very in the Battle of the Bulge, and has proudly much, and thank you as always for an- exercised his right to vote for many years. to vote: a 91-year-old World War II veteran, Bill Internicola, who fought in the Battle of choring this CBC hour week in and Governor Crist, the former Repub- the Bulge and has proudly exercised his right week out. Thank you, Mr. Whip, for lican Governor of Florida, concludes: to vote for many years. supporting this very important issue. The right to choose our leaders is at the This is just the most recent example of a Mr. Speaker, this is America. This is heart of what it means to be an American. mean-spirited and all-too-partisan attempt the land of the free and the home of the Our history books are full of examples to the to restrict access to the rolls and to the brave. I, too, sing America, land of the contrary. When we send independent observ- polls. A federal court also recently struck ers to monitor for voter fraud in banana re- down provisions of a law Florida’s legisla- free and home of the brave, Mr. Speak- publics, we derive authority from our self-re- ture passed in 2011, which put heavy burdens er. America, the light on the hill, the gard as the ideal. When we hear of corrupt on organizations seeking to help voters: bur- standard, the example, a country built voting practices in foreign countries, where dens that the court described as ‘‘harsh and on democracy and inclusion. America,

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.088 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5120 CONGRESSIONAL RECORD — HOUSE July 23, 2012 a country of men and women willing to If we stand idly by, how many voters only African American woman who give their lives to ensure the rights of will be disenfranchised due to changes served as a Governor for the day. So all people to elect their leadership. But in voting rules? If we sit on the side- this is the great news, what the Voting some right here in America are now lines, how many people will come to Rights Act of 1965 generated. doing all they can to restrict the abil- the polls with a utility bill and be She went on to become the first Afri- ity for us to do the same. They’re chip- turned away because they need a gov- can American elected out of the deep ping away at the very foundation upon ernment-issued ID? If we say nothing, South with Andy Young. And out of which all of our rights rest, and that is how many people will be erroneously that great leadership, she was able to the right to vote. Yet 31 American purged from the county voter rolls? In add language to the Voting Rights Act, States have begun limiting the rights my county, that’s many people. If we to create language for minorities of their citizens to participate in our do nothing, how many people will be which, in essence, provided extra pro- democracy’s most important function, denied the opportunity to register to tection for those who had been dis- and that is voting. vote because community and religious criminated against. If things remain as they are today, groups can no longer hold voter reg- Let me remind my colleagues that all Mr. Speaker, by the 2012 election, 11 istration drives? I speak of is one vote, one person. percent, or 21 million American voters, In the past year, more States have That’s what redistricting is about. may not be allowed to cast their ballot. passed more laws punishing more vot- That’s what we stand here today and Twenty-five percent of them will be Af- ers out of the ballot box than any time speak of. rican American and 18 percent of them since the rise of Jim Crow. We in the Congressional Black Cau- will be our Nation’s elderly. This is a Join my colleagues and me. Get cus believe it is important, along with national shame. The fact that this was angry, America. The time for action is the Democratic Caucus—and again, I a coordinated effort is a national scan- now. extend my hand of friendship, I believe, dal. Mrs. CHRISTENSEN. I thank you for to all Americans—that we fight for one Recently, the Pennsylvania House joining us and making it plain, Con- vote, one person; that we fight for ex- Majority Leader Mike Turzai told the gresswoman FUDGE: The time for mak- tending open, if you will, the doors of State’s Republican committee, ‘‘Voter ing this right is now. opportunity through voting. ID, which is going to allow Governor We are also joined again by our col- Let me make note of this one point: Romney to win the State of Pennsyl- league, SHEILA JACKSON LEE, the gen- Sixty years after the American Revolu- vania—done.’’ tlelady from Texas. I yield her such tion, Americans were fighting to ex- They can’t win without cheating? time as she may consume. pand the right to vote. In 1842, Thomas Have they no shame? Mr. Turzai and Dorr, a white male legislator from b 1940 others are blatantly and boldly at- Rhode Island, led a huge crowd of citi- tempting to encumber the rights of the Ms. JACKSON LEE of Texas. I thank zens, workers, and artisans, white men American people. They do not want a the gentlelady from the Virgin Islands who were being denied the right to vote level playing field. for, again, leading us on a very impor- because they did not own property. The A trend that began in just a few tant topic, one of which that I have working man who had no property States like Pennsylvania has now worked on, Mr. Speaker, for the time fought for the right to choose his Na- sparked a wildfire. In Texas, you can that I have had the privilege of serving tion’s leaders and did not win until face prosecution for registering voters. in this House. And I would venture to Five States—Alabama, South Carolina, 1850. say, Mr. Speaker, that I believe that if If we just put ourselves in each oth- Texas, Kansas, and Wisconsin—all have I look to this side of the House and this er’s shoes—nonproperty owners, women passed laws requiring voters to produce side, we would all hold to the view that who did not get the right to vote until a government-issued ID before casting it is important to have one vote, one the 20th century—we would understand a ballot. In Florida, Georgia, Ten- person. what it means now when voter ID laws nessee, and West Virginia, early voting And then we hold to the view that I and absentee voting have been cut are being passed across America. And have been saying, regardless of our ups voters who are vulnerable, voters who short. Even in my home State of Ohio, and downs in the economy, that we do we’re still fighting. We are fighting re- are Americans—Americans such as the live in the greatest nation in the world. strictive actions taken by our State 95-year-old woman in Pennsylvania I say it all over, everywhere. There are legislature. who, in essence, is not covered by the Time and time again, Ohio Repub- too many great things that are hap- Voting Rights Act because of a voter licans have tried everything in the pening in America. There are too many ID law. She cannot vote because she book to keep voters away from the great men and women in the United does not have her birth certificate. polls. Ohio’s current legislation will States military. There are too many We looked for my mother, Ivaleta keep as many as 54,000 legitimate vot- great individual personal stories of sur- Jackson’s birth certificate until her ers in my district alone from voting. It vival and small businesses and family death. We made all kinds of efforts. We could restrict 4 percent of all voters in farms. moved and moved and moved and our county from voting, the county I live in a great State. And I get to moved to the place of her birth, which with the highest percentage of minori- see urban America. I get to see family was the State of Florida, and could not ties. farms, small businesses. I get to see find that birth certificate. But she had I’m quite a sports fan. In sports, if ranchers and people who are struggling a voter registration card. And I can tell somebody wants to change the out- against droughts but are still hanging you, by God, that was a citizen, a proud come of a game, they do something in there. We have, in Texas, a potpourri citizen of this Nation who had seen her that they call ‘‘point-shaving.’’ What of the Nation. So I know that we live brother go to World War II, her rel- this is is point-shaving. If we can shave in a great Nation. atives be in the war. She was someone off enough points in every State, even I happen to have had the privilege of who loved America, who worked as a if it is one or two points, this election serving in a district that the Honorable laborer but provided, along with my fa- can be up in the air. It’s point-shaving. Barbara Jordan first served in. This ther, for our family. Sometimes I think it is time for district was not created before Barbara Would I deny her the right to vote in America to be angry. Sometimes some- Jordan served. And Barbara Jordan, a State that would have a voter ID one needs to know we won’t lay down who was an honorable Member of this law? This is not about a picture, about without a fight, that we won’t just House, ran many times in a segregated someone impersonating a voter. It real- throw in the towel in defeat. If we fail and southern Texas. Many of the times ly is a larger question of the Constitu- to act, if we ignore the vicious attack that she ran, she lost. But it was only tion that provides us with due process. on the right to vote, if we don’t do after the 1965 Voting Rights Act, when Taking away your voting rights is not what we need to do to educate voters they created the opportunity for dis- due process. and fight these suppressive laws, it will tricts, that Barbara Jordan was able to So I join my colleagues in supporting have an effect in November and many win a seat in the State Senate. Her pic- the Voter Empowerment Act, same-day years beyond. ture now is in the State Senate as the registration, protecting voters, having

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.090 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5121 the right to sign up online. And there who were not property owners could why you’re getting 6,000 rounds. And is one sentence that says, ‘‘No provi- not vote; women could not vote; white you know what pains me, Mr. Speaker, sion passed by any State can intimi- men could not vote who were not prop- you know what causes me to bleed? It date or prohibit a person from voting.’’ erty owners. And certainly Asians at causes me to bleed that active duty Why would we not want to vote, Mr. one time could not vote. Latinos at one troops lost their lives, as the story Speaker? The argument that I would time could not vote. But America has tells. Sitting in their own Nation, un- make is, when I have had the privilege grown up, and we recognize the value armed, along with innocent civilians. to travel on behalf of this great Na- of that. We know that those troops, if they tion—I remember one of my distinctive So I think it is enormously impor- could have stopped it, if they were in trips was as an early and new Member tant that we join together to support their armor, they would have been on of Congress going into Sarajevo, land- the Voter Empowerment Act that we the front lines protecting the home- ing before the Dayton Peace Agree- have worked on, and that we recognize land. ment had ever been signed. Joining me the issue of voter protection. This is I am saddened by the condition of was our former majority leader Dick crucial. this individual, saddened by what is Armey. We went into Bosnia, the And I do want to close by, again, ex- represented to be this individual’s cir- former Yugoslavia, and Croatia after pressing my sympathy to those in Col- cumstance. Those of us who deal with our brave Americans had worked to orado. But we have had a litany of terrorism and sit on the Homeland Se- bring peace to that region. We wanted these tragic issues. I remember how curity Committee, have to raise a ques- to see what was going on. much we mourned the tragedy in Ari- tion about this incident. When we went to a city like Sara- zona. And now we come full circle, I close by simply giving my deepest jevo, my eyes could not believe what I where there are families in such pain. sympathy to the people of Colorado, was seeing. People were walking the I think part of the pain is that when the congressional delegation of Colo- streets in destitute conditions. Books you send someone to a place of inno- rado, and again our dear friend Con- from the library were all thrown out on cence, to a town hall meeting on the gressman PERLMUTTER and all of the the street. Buildings look like they had square, to the movie theater, which is delegation for those whose districts their heads shaved off, just cut off— really America’s part-time pastime. overlap those areas, and to say that the maybe by, if you will, a chainsaw, be- Everyone knows those Friday night American people will continue to pray, cause it was from the bombing. And as movies and Saturday movies, families, to lift them up because as I started we walked the streets, because there children, one couple with a baby. And out, this is the greatest Nation in the was no transportation, we were going they said, We didn’t have a babysitter. world. I know that we can find a solu- to meet with the president, then, of I understand that. I was a young moth- tion to the opportunities of democracy, er with my spouse in an area where we that country. We landed, as I indicated, and we can find a solution to a peaceful moved away from our families. It was under a French flag. I had a flak jacket way of coexisting so that people are hard to find babysitters. So you take a on to get off the plane. protected as they walk the highways sleeping baby to the movie. There is no When we went in, they told us that and byways, and law enforcement offi- sin in that. they just had a city election. A city cers, United States military, babies, election? In the meantime, I will tell b 1950 young people, and others similarly sit- you, as I was walking, a mother came But it is an innocent place. It is a uated who come out for a simple oppor- up to me in all black, an elderly place where you can have joy, and tunity of friendship and fellowship and woman, and she said, Have you seen enjoy the genius of America in pro- fun. America is better than what hap- my son? He went off to the war. I ducing these films. And what happened last Thursday, and we are cer- haven’t seen him. pened? Someone who was intent on evil tainly better than denying individuals This is the destitution of the people. came and destroyed lives. Someone their right to democracy. And they told me that that city elec- who didn’t want their mark to be only I thank the gentlelady for yielding to tion had 98 percent of the people in in the theater, but they wanted it to be me, and I look forward to working with that city voting. What is happening to on the innocent neighbors who might you and the Congressional Black Cau- America? There is so much intimida- by chance do what every neighbor does cus and the entire Congress and the tion at the voting polls. There are so when you’re too loud in your place and Democratic Caucus on standing tall for many headlines about who cannot vote, it is next door to their place, to ask that constitutional right, precious that people don’t vote. That is not the you to please turn the music down. right to vote, and standing tall for the great country that we love. Just think, Mr. Speaker, if someone protection of America, for people, and We’re purging people off of rolls in- had asked to turn the music down or the homeland. stead of sending them a notice and say- had asked by either knocking loud or Mrs. CHRISTENSEN. I thank you, ing, Are you registered to vote? Or do entering that apartment, that door was and I thank you again for joining us you want to stay on the roll? They’re cracked, maybe it was the kind of and offering your views and your vision not. A million people in Florida, 1.5 apartment where neighbors felt com- for what we could be and what we million in the State of Texas, a voter fortable to do that, and if they just en- should be, and for your strong words in ID law that the courts are now review- tered, the enormous disaster and havoc defense of Americans’ right to vote. ing because there is merit to the fact and carnage and bloodshed that would As I said this is the America that that these are prohibiters of people have been added to the bloodshed. goes around the world to monitor and voting. I made a plea earlier today on the ensure that people in other countries In the State of Texas, they have a floor of the House, I am, in fact, going exercise their right to vote. So we voter ID law that’s tracked to the De- to do that. I am going to invite the Na- know that the right to vote is sacred. partment of Public Safety, a great or- tional Rifle Association to one of my It is a sacred right. Many sacrificed ganization that does not have offices in meetings. I want to sit down and talk and some died for that right. As our every county in that State. We have to them about how we can work to- Democratic whip said, it is the most 254 counties, and we’ve got 80 or 90 of gether because I want an explanation powerful guarantor of our liberty, and them without Department of Public on why someone can buy 6,000 rounds of we must protect the right to vote, and safety offices. ammunition on the Internet without we need to support the Voter Empower- So I think it is important, as we look any oversight whatsoever. Why is there ment Act. to the 2012 November election, that we no basis of giving notice? If they had I want to go back to the issue of guns be reminded that this is not about given notice to the local police, maybe and violence. One might ask what do party politics. It’s not about who gets someone would have knocked on the guns, what does the gun issue have to the upper hand. For Americans, it is door and found out what was going on, do with the right to vote. But, unfortu- about one person, one vote. And it is to not last Thursday but a week back, nately, it has been used to deny voting remind us of days past that, yes, those last month. rights in the District of Columbia, the of us who came out of a history of slav- We can find a way to come together. place in which we meet. The District of ery could not vote. But also, white men This is not rocket science to determine Columbia has been the victim of the

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.091 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5122 CONGRESSIONAL RECORD — HOUSE July 23, 2012 gun lobby and overzealous gun support and many other communities are call- red tape that continues to burden our in the Senate. Instead of passing a bill ing out for help. This is a crisis in small businesses. This package imposes to extend the voting rights that the many parts of our country, and we who a moratorium on any new regulation residents of the District of Columbia are elected to provide for the welfare of until unemployment drops below 6 per- deserve, the Senate attached amend- our communities and our country have cent nationally. It’s been over 3 years ments that would overturn some of the an obligation to do just that. So let’s since our unemployment has actually local laws that are meant to stem the come together. Let’s all support the dropped below 8 percent. This is the tide of gun violence in the city, meant legislation that is before us, the Voter 41st month in a row where unemploy- to restore peace and safety to its Empowerment Act. Let’s also pass gun ment in this country has been at or ex- streets and neighborhoods. control legislation. And in the end, ceeded 8 percent. This bill aims to cur- So in addition to the violence that though, it is in the voters’ hands to de- tail the practice of midnight regula- could follow from allowing concealed cide in November whether we are going tions, regulations that are promul- weapons, as their amendment would do to have safe streets and neighborhoods, gated from the day after the November in just about every venue, against the whether this assault on voting rights election through January 20, the day of wishes and rights of the District of Co- will stop. And if we just protect their the presidential inauguration, and lumbia to decide, doing what they did right to vote, I know that they will do highlights the increasing concern of would allow another sort of violence. It the right thing. ‘‘sue and settle’’ agreements. did untold violence to the District by With that, I yield back the balance of As a Member of Congress, I try to holding its voting rights, the voting my time. vote the right way and push forward rights that it should have in this body f the right Federal policies and practices hostage. That is unfair, and it is just so that businesses can operate more ef- GOP FRESHMEN HOUR plain wrong. fectively without the hand of govern- But in addition, it is some of the The SPEAKER pro tempore. Under ment guiding it. I wanted to break poorer neighborhoods in this country the Speaker’s announced policy of Jan- down some of the barriers throughout where poverty and other ills breed vio- uary 5, 2011, the gentleman from Colo- the night that are truly affecting job lence. It is in those neighborhoods that rado (Mr. GARDNER) is recognized for 60 creators and their ability to hire to we see the voter restrictive policies are minutes as the designee of the major- make this country work. I thought I being placed. Their ability to vote for ity leader. would just talk a little about current individuals who would help them to Mr. GARDNER. Thank you, Mr. events across the Nation. Some of quell the violence in their neighbor- Speaker, and thank you for the oppor- these are State regulations, and some hoods and keep their families safe, it is tunity to address the House tonight. I of these are local regulations. There is their ability to vote that is being inter- appreciate the time and consideration a Forbes article printed last year on fered with most by these laws that are that we will have, the opportunity to August 3, 2011, ‘‘The Inexplicable War being passed by Republican legisla- visit with the American people about on Lemonade Stands’’ about regula- tures, and promoted and signed by Re- some of the biggest issues we are facing tions that required a child’s lemonade publican governors. as a Nation. stand to cost $400 in permitting alone, I hope that this Congress, and if not I thought I would start with high- bake sale busts across the country be- this one the next, will have the courage lighting an article that appeared July cause regulations don’t allow for chil- to pass strong and sensible gun control 18 in Politico. The headline of this bill dren to have bake sales, and Big Gulp laws. Yes, we are very concerned, as is: ‘‘President Obama’s job’s panel, attacks in New York as the mayor at- has been said—and which is the subject missing in action.’’ tempts to regulate the size of pop that of our Special Order this evening— b 2000 people can buy. about voter protection in the face of Some of these are Federal regula- The first paragraph of this Politico many States that are passing laws to tions, and some of these are State reg- article says: restrict voting in ways that do par- ulations. But the fact of the matter is ticular harm to the rights of young President Barack Obama’s Jobs Council this Nation faces a greater and greater hasn’t met publicly for 6 months, even as the people, seniors, people of color, and the challenge in becoming a regulation na- poor to vote. issue of job creation dominates the 2012 election. tion that hurts job creators and our As we were reminded, it was made ability to pull ourselves out of this eco- So we know that the economy is suf- abundantly clear a few weeks ago by nomic slump. that Republican Pennsylvania legis- fering. We know that unemployment Tonight I’ll be joined by Members of lator what the intent of these new re- continues to burden this country. But Congress from across the United strictive voter so-called poll tax laws the fact is even the President and his States, from Indiana to Alabama to Ar- are all about: they are being passed to Jobs Council isn’t taking the issue se- izona and beyond, to focus on those try to defeat President Obama. Well, I riously enough to make sure they’re issues that are important to our Na- have news for them. Those very groups meeting regularly to talk about what’s tion’s small businesses and job cre- that they are trying to keep from vot- important for the American people. ators. ing, the good people of this country are Tonight as we talk about those issues With that, I would like to yield as not going to let that happen. That that are important to the American much time as she may consume to the brings us right back to the need for people, I want to talk about the issue gentlelady from Alabama who has been gun control legislation. The commu- of regulations and how the issue of reg- working tirelessly to make sure that nities that need it most are also the ulations, whether it’s a large business her constituents have the opportunity ones that most need us to protect their or small business, are affecting the they need to get back on their feet right to vote. Although everyone in ability of businesses to hire around again when it comes to our economy. this country must have their right to this country to get people back to vote protected, these are the commu- work because we are indeed becoming a Mrs. ROBY. I thank the gentleman nities where there is violence, where regulation nation. from Colorado and the other Members there is poverty, that we must work The effort continues this week for that are here tonight to talk about the very hard to protect their right to House Republicans to ensure that gov- Red Tape Reduction and Small Busi- vote. ernment doesn’t stand in the way of ness Job Creation Act that we will be In too many communities, violent America’s job creators. Washington voting on here in the House this week. crime is rising. It is due to the flow of doesn’t need more regulations, we need Earlier this month, President Obama guns, the increase in assault weapons, smarter regulations. commented in a speech: and it has to be stopped. It is time for Tomorrow, we will be considering If you’ve got a business, you didn’t build us to come together to save our young H.R. 4078, the Red Tape Reduction and that. Somebody else made that happen. people, and really to save ourselves. Small Business Job Creation Act, President Obama has even talked Gabby’s shooting shows that none of us which is a package of proposals aimed about how excessive regulation hurts are safe unless all of us are safe. My at providing regulatory relief from the job creation saying that:

VerDate Mar 15 2010 04:54 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.093 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5123 Sometimes rules have gotten out of bal- Mrs. ROBY. Just to jump in real dates? So I’ve tried to do my part, and ance placing unreasonable burdens on busi- quick, have you heard from your em- others have here as well. ness, burdens that have stifled innovation, ployers back in the district where you I’ll cite my colleague from Indiana, and it’s had a chilling effect on the growth of Congressman TODD ROKITA, who has jobs. go and you do these site visits and they immediately tell you not just how worked very hard on a project the last This is straight from this President’s overregulated they are but how excited year and a half that he calls the Red and this administration’s mouth. Even the regulators are to come into their Tape Rollback. I hold right here in my as recently as February of 2012, The business and write them up for things hand a report which Congressman Economist put out this, ‘‘The Over-reg- they have never done before? In the ROKITA’s office recently put out, the ulated America.’’ This is not a secret past, these regulators have been ambi- catalogs, these regulatory concerns of that we are talking about here tonight. tious to help job creators to correct businesses in my home State and the This is something that is clearly well situations that may be unsafe or a dan- job-destroying effects of overregula- established. And if any Member of Con- tion. It turns out there’s a reason why gress has taken, as I know many have, gerous situation for the employees. so many businesses in the Hoosier the time to travel throughout their But, now, instead of providing employ- State are suddenly feeling the crushing districts, as we all do, to meet with ers an opportunity, there are fines effect of regulation, and it’s because business owners, small businesses, me- after fines after fines that are just put- dium-sized businesses or even large ting more of a burden on these very we’ve seen a sharp increase in regula- businesses, they will tell you that they people that want to take their capital tions under this administration. Let me throw out some numbers are not creating jobs because they are and invest in job creation. I hear it ev- overregulated. And I have used exam- erywhere I go. here: Since 2008, there have been over ple after example on this very floor Mr. GARDNER. You’re exactly right, 34,000 regulators added to the govern- where I have met with the private sec- the punitive approach to regulation tor, with these businesses, and they’ve that’s not actually trying to make a ment’s payroll; Additional regulatory costs have in- said we had to reinvest all of our cap- business improve, it’s not trying or creased by $46 billion per year since the ital into just making sure that we are concerned with safety, but it’s more dotting the I and crossing the T, when concerned with the number of tickets beginning of 2009; The number of regulations with an all of that capital could be reinvested or violations that they write, the num- economic impact of $100 million or in creating jobs. ber of fines that they can collect. So what we have on this floor this I know the gentleman from Indiana more—so-called ‘‘major regulations’’— week is a series of bills. I know Mr. (Mr. YOUNG) has a lot of insight on has increased by 32 just last year. By QUAYLE from Arizona is here to talk this. You talk about a State that has comparison, the last President only about his incorporation in this bill, but seen some incredible challenges over added 28 such regulations in his first 3 there are seven different ideas incor- the years as it comes to the economy, years in office. All told, this President porated into this one bill that is going but certainly rebounding now under added 106 through the end of last year. to ease regulations in this country on great leadership of Mr. YOUNG himself So the list goes on and on. I know my businesses in different ways. I think to- as well as a great Governor, Mitch colleagues can add to this list—parade night, as the gentleman from Colorado Daniels. I certainly look forward to the of horribles—with respect to regula- has already suggested, we can have a comments you have tonight. tions. Something needs to change up real frank discussion, because this is Mr. YOUNG of Indiana. Thank you so here. I’m glad we’re here tonight to about being honest with the American much for your hard work on this issue talk about a particular bill that will people. and your leadership on so many other change things for the better. I get asked the question, as I’m sure efforts. I can certainly identify with Mr. GARDNER. I want to just ask a all of you do, what are you doing? the comments that you’ve made and quick question about something that What is Congress doing? Well, this is that the gentlelady, my fellow col- you said there. I believe you said, since what we’re doing. And why our friends league from Alabama, has made. We’ve 2008, 34,000 regulators have been hired in the Senate, for the life of me, I do seen an uptick certainly in my district by the Federal Government? not understand, nor do the people I rep- of these numbers of notices and pen- Mr. YOUNG of Indiana. That’s right. resent in southeast Alabama under- alties that the aggregates businesses, They’ve been added to the govern- stand, why Mr. REID and those in the for example, in my district receive, of- ment’s payroll. Senate will not take up these very bills tentimes for petty little issues. And it Mr. GARDNER. These are individuals that will remove the heavy hand of seems that there has been an increase whose sole job it is is to write new reg- government and unleash the private in the enforcement from this adminis- ulations; 34,000 new people to write new sector’s ability to create jobs in this tration on some things where frankly regulations. country. I look forward to continuing you ought to have these agencies work- Mr. YOUNG of Indiana. To write new this conversation, and thanks for let- ing with our businesses, helping them regulations, to go out there and to pore ting me be here. come into compliance, consulting with through private sector books, to be Mr. GARDNER. I thank the gentle- them, doing even a little cost-benefit boots on the ground to enforce these lady from Alabama, and The Econo- analysis on the ground level. We’ve lost existing regulations. So we’ve got mist article, I’ve got a copy of it here all sense of perspective. 34,000 more individuals who are inter- as well, this is not exactly the bastion I have to say as someone who has fering with private sector activity. of conservatism that Republicans hold just been here for a year and a half, Now, I use the word ‘‘interfering.’’ I up all the time to highlight their be- I’ve been a little surprised by a number acknowledge there are cases where we liefs. This is the Economist dated Feb- of things, but perhaps it was my own have to have regulations. I think ev- ruary 18, 2012, headline as you stated, naivete that led me to expect most of eryone here would agree with that sen- ‘‘Over-regulated America.’’ And just to my constituents’ concerns would be re- timent. But things have gotten out of share one little factoid from this report lated to how we should vote on a given whack, and we’re really constraining that The Economist put out here, it matter. job creation at a time when our con- says a study from the Small Business stituents want us to be creating more Administration, a government body, b 2010 jobs. found that regulations in general add Vote ‘‘no’’ on this resolution. Vote Mrs. ROBY. I would love to add to $10,585 in costs per employee per year— ‘‘yes’’ on that given bill. But instead, the out-of-whack statement because I $10,585 per year per employee is the so much of what I have heard over the have a few examples here. cost of regulations. If you’re a business last 11⁄2 years has been, as much as any- I don’t know if you have agriculture that’s just getting started, or if you’re thing else: Stop this regulation from in your districts, but the farmer that is struggling to balance the books and being enforced. It’s really killing our having to deal with duplicative permit- make sure you are able to continue business. It’s hurting job creation right ting processes or concerns over the into next year, here’s the cost, $10,585 here in our part of the country. How Federal Government making them reg- per employee. can you rein in these executive man- ulate dust on their farm. As one of our

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.095 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5124 CONGRESSIONAL RECORD — HOUSE July 23, 2012 colleagues said, last time she checked, But somebody who has also been know, at the beginning of the 1900s in if you drive a pickup truck down a dirt standing the line to make sure that this country, when we first started road, it’s going to generate dust. But they are fighting for America’s job cre- building cars, there were only two we’re regulating that. That’s what the ators, somebody who’s been doing the automobiles in New York City. They Federal Government is regulating. hard work it takes to get this economy ran into each other. A stoplight isn’t a Not to mention ObamaCare or the back on track, and somebody who has bad idea. But we have seen such over- pulp and paper industry—which we experience himself as a job creator, reach out of government. have a lot of in my district—concerned running a small business, putting peo- When we’re talking about the agri- about the Boiler MACT regulations ple to work, is our colleague from Colo- cultural community, as I traveled that are so costly, the gas station own- rado, SCOTT TIPTON, who has worked through the San Luis Valley, where I ers that are worried about EPA requir- tirelessly to make sure that this coun- was this last weekend, held a town hall ing that their gasoline have certain try’s policies reflect a nation of job meeting and met with potato farmers, percentages of ethanol mixed into their creators instead of a nation of bureau- fully willing to take on the issues that fuel or they have to pay a penalty, or crats. we deal with often in Colorado, dealing the chicken hatchery farmer—now, With that, I would like to thank the with water, they didn’t want to talk this is a good one that happened last gentleman from Colorado (Mr. TIPTON) about water. They wanted to talk week. for joining us tonight. about the EPA. The overreach of gov- We had a chicken hatchery farmer Mr. TIPTON. My pleasure, and I ernment in the regulatory process is that called our office just last week thank the gentleman from Colorado for literally killing business. about a new regulation that will re- yielding. We had a message that they wanted quire keeping his eggs at a certain Mr. Speaker, we have a great chal- to be able to have delivered. They temperature to go to processing to lenge in this Nation: to be able to get heard the President’s comments that make dried eggs to avoid salmonella. our people back to work. they didn’t build that business; they Well, here’s the kicker. And this is just Right now we are paying, as a coun- owed it to government. They want the to demonstrate the ridiculousness of try, $1.75 trillion per year in regulatory President to know that when they open the overregulation. costs. As was noted earlier, small busi- up that business early in the morning On the surface, this makes sense be- nesses are incurring better than $10,000 and put in those 12-, 14-hour days, cause we want to protect America’s per employee. That is a burden that sometimes 7 days a week, and they are health. But this same regulation, this they cannot sustain, hoping to be able the ones that lock that door at night, very same regulation, is letting the to create jobs and to be able to get this it isn’t Washington, D.C., but it is this grade egg farmers that do have poten- economy moving. President’s policies which are inhib- tial salmonella in their facilities send I’d like to be able to just give you a iting job growth in America. their possible contaminated eggs to the couple of real, personal examples of b 2020 same processing plants. Processing regulations that are impacting real We’ve got to be able to get America eggs for dried eggs and other products lives. back to work, and the Red Tape Reduc- kills the salmonella that would poten- A gentleman in Pueblo, Colorado— tion and Small Business Job Creation tially be in this product. The FDA is they just had their new unemployment Act is something that will help achieve allowing possible exposed eggs into the figures come out: 11.1 percent, and that, and I’m proud to be able to stand system. those are just the official numbers. The with you and speak to this this So why should a hatchery farmer, real numbers are even much higher. evening. who only sells to this type of proc- Jim Bartness, much to his dismay, con- Mr. GARDNER. I thank the gen- essing when they have extra eggs be tributed to that, simply because he tleman from Colorado. forced to put it all in a sort of refrig- tried to play by the rules that the gov- And again, I will highlight some of eration process that has nothing to do ernment had issued. the statistics that he pointed out. And with the prevention that the regula- A small construction company, Mr. the gentleman from Colorado can cor- tion says that it’s trying to prevent? Bartness had had a few good years. In rect me. You said $1.75 trillion cost of And the answer is overregulation. This fact, under the President’s proposals regulations. That’s per year? is just another example. I like eggs. I now, a couple of years ago he would be Mr. TIPTON. That’s correct. fixed some scrambled eggs this morn- deemed as wealthy. What did he do Mr. GARDNER. And that’s just ing for breakfast. This affects me. It af- with his wealth as a small business money that businesses are using to fects all of us in our lives, in our man, an LLC, a sole proprietorship? He comply with more and more regula- homes, in the grocery store. reinvested those dollars right back into tions that are in place every year by When I buy milk for my kids, I see his business—to be able to create jobs, the Federal Government. the costs increasing because of these to be able to provide for his family. He Mr. TIPTON. It is. And I think it’s very regulations. Whether it’s the EPA paid down his line of credit to zero, incredibly important to note, they’re and the ethanol in the gas or these ac- kept a little bit of cushion to be able to continuing to grow. The moving bar tual very specific regulations that have get them through the tough times. that our businesses face in terms of to do specifically with the product In construction, if you’re familiar regulatory compliance is costing being sold, we all are affected by this. with that, you often bid jobs but you American jobs It’s costing jobs, and it’s costing the don’t get them. So he needed to re-up Mr. GARDNER. And I would point American taxpayer to have to spend that line of credit to be able to keep out, too, as the gentleman has men- dollars that are unnecessary. his business going, to keep his employ- tioned, the cost of regulations and the Mr. GARDNER. I thank the gentle- ees going. When he went down to the time that regulations take, this is a— lady from Alabama for making the local community bank, he was told again, going back to that same econo- point, especially on the issue of farm they wanted to re-up that line of cred- mist article talking about the issue of dust. it, but regulatorily, they could not. He overregulated in America. And it talks I can remember a committee hearing could not get that line of credit. The about how every hour spent, every hour we had a month ago where the assist- one option he had was to shut down his spent by a doctor in this country ant administrator of the EPA was business, line up that equipment, and today, under the President’s health asked directly whether or not the EPA auction it off. care bill, when a doctor meets with a regulates farm dust, and she denied As I talked to Mr. Bartness, you patient for an hour, that doctor, that that the EPA is going to regulate farm could see tears welling in his eyes as he health care clinic, that hospital, is dust. But when she was asked whether related that story of calling in those 23 going to spend at least 30 minutes fill- or not the EPA regulates dust from employees to tell them it was going to ing out paperwork and forms. So the farms, the answer was yes. Now, only be their last day. That was a regu- doctor meets for an hour with the pain Washington, D.C., Mr. Speaker, can latory killing—literally—of a business. tient; they’re going to be spending at farm dust and dust from farms be two I think we all do concur. We know least 30 minutes of paperwork, and different things. there need to be some regulations. You often a whole hour.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.097 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5125 You talk about regulations. That’s take that capital, invest it, grow it, Station that could cost hundreds of what the President’s health care has hire new people. Instead, they’re using jobs, drive up Arizona energy prices by brought us. that for compliance costs. Instead, 20 to 30 percent, our water costs by 20 And I know the gentleman from Ari- they’re using that to push paper. or 30 percent, and the compliance cost zona (Mr. QUAYLE) has been a champion Those are the things that we’re try- for the Navajo generating station is for job creators in his State. The next ing to get rid of. Those are the things $1.1 billion. speaker tonight is BEN QUAYLE from we’re trying to streamline so that we b 2030 Arizona, who’s going to talk, amongst don’t have the red tape that’s going to other things, about a bill that he has continue to stifle economic growth in This came through regulation by liti- introduced, H.R. 3862, to get to the very this country. gation. These are the types of things heart of some of the challenges that we And if you look at what’s coming that this bill, which we’re going to be face when it comes to protecting Amer- down the road, my goodness. You have debating in the next couple of days, is ica’s job creators and making sure that Taxmageddon that’s coming up on Jan- going to stop. It’s going to put an end we’re not strangling our job creators uary 1, where we have the Democrats to it so our small businesses can grow through regulations. I look forward to in the Senate say that they’re willing again, so we can get our economy mov- his comments tonight. to go over the fiscal cliff in order to get ing again, and so we can get people Mr. QUAYLE. I thank the gentleman after some of the best job creators and back to work. for yielding. tax them, basically to Armageddon. I thank the gentleman for high- Our friend Mr. TIPTON from Colorado And then you have the regulatory en- lighting this issue and for leading on was talking about some of the Presi- vironment that continues to stifle eco- this issue. dent’s comments about business own- nomic growth. And if you look at what Mr. GARDNER. I thank the gen- ers and people who created businesses, the Obama administration has been tleman from Arizona. when he said that, you know, if you able to do, just in 2011, they added You mentioned at the beginning of have a business, you didn’t build that. $231.4 billion in new regulatory bur- your comments tonight the President’s Well, Mr. Speaker, I have news for dens. They added 82,000 pages to the statement that, if you have a business, the President. They did build that. Federal Register. That is an insane you can thank government for that. They built it on the sweat of their own amount. Have you ever had a small business brow, their hard work, their deter- But this week we’re going to be fight- owner or somebody who opened a busi- mination. Sometimes they failed, but ing back. That’s why the Red Tape Re- ness call you and thank the govern- most of the time they succeeded. And duction and Small Business Job Cre- ment for building his business? I don’t they didn’t succeed because of govern- ation Act is so vitally important for know. I certainly have never had that. ment; they succeeded in spite of gov- the economic future of our country. Mr. QUAYLE. No. I think Ronald ernment because of all of the regu- Now, I have a bill that’s entitled Reagan said the scariest words you can latory burdens they put in front of Sunshine for Regulatory Decrees and hear are: ‘‘I’m from the government. small businesses to grow, all of these Settlement Act of 2012, and that’s a I’m here to help.’’ I think that that is things that they have to comply with, piece of this bill. And what it does, it basically what our small businesses are and the rules change on a daily basis. kinds of goes into an area that’s not saying right now, that if you have the I was reading an article—actually, an really talked about that much, but this government knocking on your door, interview—with former Secretary of is basically regulation via litigation, it’s not a good thing. State George Shultz the other day in and it’s extraordinarily damaging. Mr. GARDNER. And $1.75 trillion is The Wall Street Journal, and he had a What happens is, if you have an in- the yearly cost of regulations. If you very appropriate analogy when he said terest group, they lobby Congress for a were to hire 35 million people at $50,000 that, if you take a sports game, wheth- rule, for a statute, and having one of a year, that would equal $1.75 trillion. er it’s football or baseball or what have the agencies write a rule by a certain $1.75 trillion could hire 35 million peo- you, and you’re asking a team—here, specific date. Now, the date is artifi- ple at $50,000 a year. it’s going to be businesses—to get in- cially short so they can’t actually com- Mrs. ROBY. I would even add to that volved, get on the playing field, which ply and go through the normal rule- and say that I’ve had business owners is exactly what people are saying right making process. So then that date in my district who have lodged com- now when people are holding back their lapses, and then that special interest plaints about what we talked about be- cash if they’ve been lucky enough to goes and sues that agency. The DOJ fore, this punitive regulation, but they have that success. comes in and tries to defend it, and don’t want you to go to bat for them But the problem is you don’t ever sometimes—and most of the time—we because they’re afraid it’s only going want to go onto a football field if you get a more stringent regulatory burden to end up costing them more and that don’t know what the rules of the game that is placed on our businesses, and then their businesses will become tar- are, if the rules are going to change, or they don’t even have a chance to re- gets of this Federal Government. if you have a referee, like this adminis- spond. A lot of times they file the com- Now, what kind of United States of tration, who is not going to faithfully plaint the same day as the settlement America is that when we have busi- execute the laws based on what is writ- agreement, and it is virtually impos- nesses that are afraid to complain to ten rather than what they believe sible for a subsequent administration their Representatives in Congress should have been written. to actually change that because they about exactly what you’re talking And so that is a huge difference, and have to go through the whole judicial about? ‘‘Hi, I’m here. I’m from the gov- it’s a huge problem that’s facing our process rather than going through the ernment and I’m here to help.’’ Then job creators right now. They don’t normal agency process. you complain about it, and you get tar- know what the rules are. They’re con- So this starts to bring some trans- geted as a business. stantly changing, and they don’t have parency to that, brings the stake- Mr. QUAYLE. You’re exactly right. a referee that’s going to call balls and holders to the table so they can have a Because of all the different agencies strikes just as balls and strikes and not say in what’s going to happen in the that there are to respond to, they’re just make things up as they go along. regulation that’s going to directly af- worried that, if they actually challenge Our friend from Colorado (Mr. TIP- fect their business. the ruling or challenge the regulation TON) mentioned that $1.75 trillion of Now, some of the most onerous regu- that is being put upon them, then they annualized costs are dedicated to regulations that have been passed recently will actually have further burdens lations. If you break that down, that’s have been passed via this regulation placed upon them, further ramifica- about $10,585 per employee for the aver- via litigation, whether it’s the Boiler tions placed on them so that you have age small business. I don’t know about MACT, the Cement MACT, the Utility a constant living in fear because you, but that is a huge cost that is an MACT that’s coming down. Some of they’re going to still have to report to annual cost that they pay every single the ones that affect Arizona especially, that agency. Then, if they actually try year, and it’s choking the ability for we’re having one that came out that’s to combat what just happened, they’re small businesses to take that money, going to affect the Navajo Generating going to have the full force of this

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.099 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5126 CONGRESSIONAL RECORD — HOUSE July 23, 2012 agency going down their throats. That rules implemented, and it will grow to lations that the gentleman from Indi- is a huge issue. the 400 required under that act. That ana was talking about—how much Mrs. ROBY. If you talk to the Great- goes to your point exactly. they’re going to cost that business that est Generation, you know that is not Mr. YOUNG of Indiana. Absolutely. was almost put out of business. That’s what this country was built on. So we’ve seen this in the ag sector, what we need to be doing. Mr. YOUNG of Indiana. In everything where traditionally between crops So the rules may go into effect, but you’ve described—from the sports anal- being planted and harvested, it’s not this Congress is going to understand ogy, where people are afraid to go onto uncommon to get bank loans to keep and the world is going to understand the field because they don’t know the the operation afloat, especially with how much it is costing us, and that is game, to the direct impact it has on all smaller farms. We see it in all types of very, very important. sorts of businesses—that also applies to businesses. It’s time that we take care I thank you for letting me share a our Nation’s financial institutions. of these financial regulations and other couple of minutes of your time tonight It’s through our banks and credit types of regulations, and I’m glad we in order to bring some information for- unions that so many of our small busi- are acting here on the Republican side ward about H.R. 373, which is a nesses get off the ground, and that’s in the House of Representatives. bipartisanly supported bill, as I think how, oftentimes, they’re able to sus- Mr. GARDNER. Again, thank you for most of these bills are. So, while they tain themselves during dips in the sharing that story with us about a are not exciting, they do good work. economy. Unfortunately, there is great manufacturer of a restaurant—a food Mr. GARDNER. I thank the gentle- uncertainty in the financial sector as business, I guess, operator—that is lady. well. We can cite a number of different ready to create jobs if it could just get In going back to some of the com- things, but I put Dodd-Frank high on government out of the way and let it ments that have been made tonight, the list. I certainly hear that in my do what it does best, which is run its the gentleman from Indiana talked district. Let me relate to you a little own business. about the 34,000 new rule makers—the story about the impact of regulations I am pleased tonight that we are people who have been hired to do noth- as they affect banks and how they, in joined by the gentlelady from North ing but write rules. I live in a town of turn, affect businesses in my district Carolina, VIRGINIA FOXX, who is a about 3,000 people, so 34,000 people is a and around the country. champion on the House floor in making heck of a lot more than I have in my I visited, not long ago, a business sure we are doing just that—getting hometown, and they were all hired to that manufactures food products, government out of the way and letting write regulations. The gentleman from things like these little miniature piz- America work. Arizona talked about 82,000 pages. zas that are frozen—you buy them at Ms. FOXX. I want to thank members To the gentleman, I think that was the grocery store—and little hot dogs of the freshman class—I think people 82,000 pages of regulations in 2012 with dough encrusted around them. It’s don’t realize we call ourselves ‘‘fresh- alone? actually an incredibly productive man- men’’ our first year here—for doing Mr. QUAYLE. 2011. ufacturer of these things, and it has de- such a wonderful job of humanizing Mr. GARDNER. 2011. So that’s 82,000 veloped a lot of expertise. This com- this bill. pages of regulations written in 2011. pany was on the verge of a major ex- This is not the most exciting legisla- During the first 3 years in office, the pansion. It would have created hun- tion that has ever passed the House of Obama administration unleashed 106 dreds of jobs in my district and led to Representatives, and I have to say my new major regulations that increased additional jobs because of the supply piece of this legislation is probably one the regulatory burdens in this country industry that would have supported of the least exciting pieces of it. It’s by more than $46 billion annually. I this company. H.R. 373. It’s called the Unfunded Man- want to share with you a statement But Federal regulations got in the dates Information and Transparency that the President, himself, made. This way. is a statement that he made recently, The company needed a $3 million Act. It’s pretty dull. I’ll tell you, when you read it, if you need something to saying: bridge loan to get everything online The rules have gotten out of balance, put you to sleep, it’s a great thing to and begin production. They were a placing unreasonable burdens on busi- put you to sleep, but it is very impor- dream sort of business. To give you a ness, burdens that have stifled innova- tant legislation. All seven pieces of the sense of what they had lined up, they tion and have had a chilling effect on legislation that you all are talking had a world-renowned entrepreneur, growth and jobs. and they had a billionaire investor. about tonight have real impact on the Yet here we are increasing regula- The person who had conceived of this public. tions by this President, by this admin- I want to say, in 1995, when Repub- business put up $1 million of his own istration. money—his life savings. They had sev- licans took over the majority for the Mr. YOUNG of Indiana. We’ve just eral high-profile, nationally known first time in 40 years, they passed a bill lost all sense of perspective. We ought businesses lining up with purchase or- with bipartisan support called the Un- to be measuring the cost of any given ders. They’d already secured a new fa- funded Mandates bill. We all grew up regulation—of any proposed regula- cility and invested significantly in new hearing how the Federal Government tion—of the benefits, and then com- capital equipment. was putting unfunded mandates on paring the two. I think any fair-minded So everything is online, but the new State and local governments. So they person would take into account both of banking regulations prohibited them said, well, we’re not going to do that them and, in the end, decide whether or from getting the money they needed to anymore. We’re going to figure out how not a given regulation makes sense. take it to the next level. Things are fi- much this costs, and if it costs over I was doing a little research earlier nally moving forward for this business. $100 million, we’re not going to do it. in preparation of my coming down to I’m happy to say that, despite these Well, guess what? There were loopholes the floor. I just wanted to see what headwinds, the founder of this business in the legislation. We hear about loop- some of the cost-benefit analyses have was able to secure alternative financ- holes all the time in tax legislation, been for recent regulations. ing from private sources and others. but you don’t hear very many people Ultimately, it was regulations that al- talking about the loopholes that are b 2040 most killed these hundreds of jobs in out there that govern the bureaucracy. I came across a report by the Na- my district. Well, there were lots of loopholes in tional Bureau of Economic Research. It This is the sort of human impact the Unfunded Mandates bill, or UMRA. was from a decade ago. They took a that so many Americans and commu- What my bill does is close those loop- look at some of the regulations that nities are facing right now. This is holes to keep the bureaucrats from get- have been proposed over the years. One what we’re trying to get our hands on ting around telling us how much these of them was child-safe lighters. The with this legislation that we’re pass- unfunded mandates are going to cost. Consumer Product Safety Commission ing. For the first time ever, it is going to determined that a life would be saved Mrs. ROBY. To quickly add to that, apply to the private sector so that we for a cost of only $100,000 by imple- in the Dodd-Frank Act, there are 36 will really know—these rules and regu- menting these regulatory standards for

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.101 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5127 child-safe lighters. That strikes me as They will be back. The regulators will our electricity generation just because pretty reasonable. That’s absolutely be back. they decided this regulation has to go worth it. There was another regulation This is a commonsense piece of legis- into effect because of a lawsuit that proposed, and conceivably for a cost of lation that’s speaking to the heart of they agreed to settle, and the cost that $100 trillion that we might save a life the people that drive this country, the that will force upon America’s job cre- some day by the solid waste construc- small businessmen and -women who are ators. tion regulatory standards that our willing to wake up those mornings and Again, we get back to this notion of Federal Government has proposed. put in that hard labor just for the hope the millions of people in this country There has got to be a sense of balance of being able to live the American that are unemployed. We get back to here, or we’re going to crush our econ- Dream. This is the right thing to do at the very simple fact that one out of omy. the right time for American business, every two college graduates today is ei- Mr. GARDNER. We continue to hear to be able to stimulate jobs and get ther unemployed or underemployed. testimony before our committees that this economy moving. Our Nation has seen unemployment talk about how for every $1 million you Mr. QUAYLE. I very much agree with rates at or above 8 percent for 41 spend on regulations, it creates 1.5 that. months in a row. All while the promise jobs, as if regulations and adding bur- One thing that Mr. GARDNER from of the President’s stimulus bill said dens to business is actually job cre- Colorado was talking about in terms of we’re going to solve these problems, ation in and of itself. actually taking into account in the unemployment is going to be dras- Mrs. ROBY. Didn’t you have the op- cost-benefit analysis is the impact on tically reduced, we’re going to create portunity to question a witness on jobs. I’ve talked to a number of busi- energy opportunities by giving millions your committee and ask very specifi- nesses, and they say that with all of and millions of dollars in loan guaran- cally as it relates to energy? If I the new regulation that has been com- tees to companies that go bankrupt. watched the hearing correctly, you ing out of this administration, that Yet, we have job creators in Indiana were unable to ever get really until the they’ve actually had to replace some- ready to hire, but they can’t get the final admittance that, in fact, they do body in a productive part of their com- money that they need because of regu- not take economic impact into consid- pany, in R&D, research and develop- lations. We have a government that eration when instituting these regula- ment, with somebody on the adminis- would rather give loan guarantees to tions. trative side just to be able to comply companies they know are going to fail Mr. GARDNER. It’s one of the great- with the regulations. than to actual job creators that are al- est frustrations I have. You’re talking If you look at that, it’s a net zero for ready succeeding. about major regulations and their im- job creation or job loss. The problem is Mr. YOUNG of Indiana. If I can inter- pact on job creation and impact on that that person who is involved in vene here. You would think that during jobs, and yet this bureaucrat admitted R&D, they have the ability to get new a down economy, what some have that they don’t take into account in products on the market that are actu- called the worst economy since the the economic analysis they carried out, ally going to expand their company. Great Depression, we would stop piling they don’t take into account the im- Somebody who’s actually just pushing on. It’s the first rule of holes: you stop pact on jobs. paper and trying to comply with regu- digging when you find yourself in one. Mrs. ROBY. What do they take into lations is never going to put in some But we continue to dig even though account? sort of measure where they’re actually we’re in a hole. We pile on new signifi- Mr. GARDNER. Somehow they have going to be able to expand their com- cant regulations on top of the existing cost and benefits, yet they consider pany. That’s the big thing that we’re significant regulations. their economic analysis complete, even talking about when you’re saying that There’s a portion of this legislation though it doesn’t take into account for every regulation you have 1.5 jobs that was offered originally by Con- jobs. for whatever million dollars. That’s gressman GRIFFIN. His name is still on Mrs. ROBY. Without the input of the just hogwash. It’s ridiculous that it: Regulatory Freeze for Jobs Act. private sector that is actually im- they’re pointing to that. I’ve heard This places a moratorium on all sig- pacted by the very regulations. other Members say that increased reg- nificant regulations, all of those with Mr. TIPTON. I would like to be able ulation increases jobs. It does not. It $100 million or more economic cost on to comment really in regards to Con- increases paperwork. We don’t want a our economy. gresswoman FOXX, that this is an ex- bunch of paper pushers. We want people This is common sense among my con- citing piece of legislation. who are going to provide products and stituents, probably among the vast ma- The fact is that if you sit down and services that are going to be expanding jority of the American people here, you talk to small businesses, they’re the economic pie that we have in the that you just stop piling on the major excited about this legislation because United States. regulations during a down economy. they’re the ones that are literally feel- Mr. GARDNER. I often tell my con- I’m certainly supportive of this. I ing this impact. We passed the REINS stituents a story about my great- think we need to go further. Act to be able to pull back those mas- granddad when he came to Colorado Mr. TIPTON of Colorado mentioned sive regulations which were impacting and opened up the farm equipment the REINS Act. It would be my pref- jobs in this country. We are standing dealership that still remains in our erence that every time we have any up for the small businesses that create family today. I tell the story about proposed rule or regulation imposing a 7 out of 10 jobs in this country to be how they came to our hometown, a $100 million cost or more on our econ- able to get our people back to work. small town, and they built their busi- omy, it comes back to Congress for a Just recently when we were talking ness. I talk about how my wife and I hearing, for an up-or-down vote. We about committee hearings, we just had wonder if our children are going to be should allow our constituents to weigh a hearing in a Small Business Sub- able to have the same opportunities in on the manner, tell us how to im- committee that I chair over at Energy, that he did to start a business of their prove the regulation, tell us if they Ag, and Trade, and we saw that the De- dreams. I don’t think they ever imag- think it ought to be eliminated alto- partment of Labor was going to start ined that the government would be gether, or perhaps they like it. In the regulating children working on the considering prohibiting a 16-year-old end, I think we need to own these sig- family farm. You couldn’t work on a from working on their uncle’s farm. I nificant regulations. haystack higher than 6 feet; you don’t think they ever imagined that You know what? If we pass that couldn’t take your animal down to the the government might try to require REINS Act, that will give all of us an county fair to be able to show. In farm- dairies to build berms around the cows incentive not to punt on the hard ing and ranching, you learn by doing. in case there was a milk spill. I don’t issues, not to pass them onto the EPAs They pulled that rule now for the bal- think they ever would have imagined a and OSHAs and USDAs of the world. ance of the year. What’s frightening to world where the government would in- Ultimately, we would own it. We would the farm and ranch community is the troduce, as a result of litigation, a pro- be accountable. I would invite that sort words ‘‘for the balance of the year.’’ posal that could wipe out 25 percent of of scrutiny and accountability.

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.103 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5128 CONGRESSIONAL RECORD — HOUSE July 23, 2012 Mrs. ROBY. Wouldn’t that be a novel Mr. TIPTON. You know, in Colorado, said, call, and say, Let’s make sure idea? we just call that common sense. And I we’re making it easier for businesses, Just real quickly if I may. We’ve now bet we do in every other State in the not more difficult. And again, it’s an stated on more than one occasion some Union as well. incredible, incredible opportunity that quotes from the President and this ad- Here is what is fundamentally the the President has to stand up and lead. ministration going back to the fact problem: We will recall that Minority But it goes back to that very issue: that if you’ve got a business, you didn’t Leader PELOSI, with the passage of the he’s required to stand up and lead. build that. Then, as the gentleman President’s health care mandate, said Mr. YOUNG of Indiana. Does anyone from Colorado just read again, the that once it is passed, we’ll find out know—I will pose this question to my President said that these rules have what’s in it. It is a little comical to be colleagues. Is the President’s jobs gotten out of balance. Mr. GRIFFIN in able to hear that. But the fact is, it council working on this issue? his op ed he wrote in support of his was actually true because they contin- Mr. GARDNER. The gentleman from amendment. I’m just going to make ued to fill in the blanks with regula- Indiana brings up a great point. And as sure we give the gentleman from Ar- tions. We continue to see that with I mentioned earlier tonight, there was kansas some credit since he’s not Dodd-Frank. And the Congress is not an article in Politico that was printed standing here with us. He also points having the opportunity to truly be able last week. The President’s jobs council out at the end of this opinion piece to be engaged. hasn’t even met for 6 months. I don’t that the President admitted in his I know in each of our committees, we know if they have given up or if he just State of the Union address, ‘‘There’s no have challenged bureaucracies, depart- is afraid that they may not support his question that some regulations are ments as they have come in to be able policies. outdated, unnecessary, or too costly.’’ to bring those rules back to the au- Mr. YOUNG of Indiana. I have heard b 2050 thoritative committees, to be able to that. It seems he has other priorities. And I just want to read that again. bring them back to Congress to actu- But we need to force the hand. We need ‘‘There’s no question’’—this is the ally be able to play a role because here to make the argument here. This is President, this President, President is fundamentally the problem: Once what our constituents are asking us to Obama—‘‘There’s no question that they go final with a rule, it takes that do, every conceivable thing we can some regulations are outdated, unnec- proverbial act of Congress to be able to think of to create an environment essary, and too costly.’’ Yet every sin- pull back that rule that a Member of where jobs can be created, where new gle time in my short tenure in this Congress, a Member of the Senate businesses can be started, where entre- House of Representatives that we have never asked for. preneurship is at a 15-year low, where brought a bill to the floor to deregu- We have got to be able to have these existing businesses can expand, where late, to do away with unnecessary reg- opportunities, to reengage the people unemployment remains above 8 per- ulations so that the private sector can who are actually elected to be able to cent for how many months now. grow, we are blocked in the Senate, represent the American people rather Mr. TIPTON. I applaud that com- and the President is not there to sup- than having nameless, faceless bureau- ment. port us. crats writing regulations that are hurt- Let’s make American jobs the key Mr. YOUNG of Indiana. Just one ad- ing American business, hurting our priority. Putting Americans back to dition to the gentlelady’s comments. economic prospects, and preventing us work; that must be a priority. And we The President also ordered a regu- from being able to get this economy call on the President to join us in this latory review of all regulations in that moving. action. We are putting forward the very same speech. And he was going to Mr. QUAYLE. You know, it is kind of idea. But we need some partners that root out, he said, existing regulations a shame that we actually have to pass are willing to be able to work with us. that were constraining job creation. He something like this. But so much Mr. GARDNER. I want to thank my reaffirmed his commitment to repeal- power has been amassed in the execu- colleagues from Indiana, Alabama, Col- ing all these sorts of measures. You tive branch that we need pieces of leg- orado, Arizona, and North Carolina know, his rhetoric is not matched by islation like the REINS Act, like this who stood on the House floor tonight commitment, by action. So we’re act- bill. talking about what we could do to get ing in terms of this piece of legislation, But the thing is is that if the Presi- this country moving again, what we and I am proud of that. dent would just pick up the phone and could do to unleash the innovators and Mr. GARDNER. And I would like to call his agency heads and say, Cut it the entrepreneurs across this country. ask the gentleman from Colorado to- out; don’t pass these rules and regula- We face a lot of challenges. We know night—you know, the gentleman from tions that are going to keep putting a that we face insurmountable debt that Indiana mentioned the Regulatory damper on economic growth. I mean, we must address. We know this country Freeze for Jobs Act. This is the idea they believe that they have executive faces spending challenges each and that we put a freeze on regulations discretion for just about anything. But every day. But we can’t build a long, when the economy’s down, but it is my goodness, the one thing that they sustainable economy unless we get specifically about the REINS Act. should be using some sort of discretion You know, the REINS Act that we America’s job creators back on their talked about earlier this year was a for is not putting more burdens on feet. bill that we passed that said, if a rule small businesses that are trying to The Small Business Administration or regulation has a certain economic grow. recently released a study that said, per impact on our economy, then it has to So the President needs to just pick employee, small businesses face regu- come back to us to say whether or not up the phone. That could lead to the latory costs 36 percent higher than this is something that we need to pass biggest economic growth that could large businesses. It’s now easier to on to America’s job creators. happen in this country if he picked up start a business in Slovenia, Estonia, When we served together in the State the phone and told every agency head, and Hungary than in America. legislature, every year we worked on Hey, let’s cut off all these new regula- The message that we join together the rule review bill. And the gentleman tions that you guys are trying imple- tonight to send to our job creators is from Colorado will recall that this was ment. that we stand with you. We stand with a bill that came up to us, and we got to Mr. GARDNER. And I think the gen- businesses across this country who are look at the regulations and give them tleman from Arizona brings up a good struggling to hire that next person, to a thumbs up or thumbs down on wheth- point because the President likes to make sure that they have the opportu- er or not we thought the executive blame Congress for not increasing nities that the people who started their agency had gone too far, whether we taxes or for spending enough money. businesses did, to make sure that the thought they were doing the right But we know that this President is in generations that follow have the same thing. charge of his executive branch agen- opportunities as the generations before And again, this is just one way for us cies, that he’s the one who appointed them. to say, hey, let’s do what’s right for his cabinet, approved by the Senate. He So I want to thank my colleagues America’s job creators. could just pick up the phone, as you again for joining us tonight and to

VerDate Mar 15 2010 03:38 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.104 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 23, 2012 CONGRESSIONAL RECORD — HOUSE H5129 make sure that the American people EXECUTIVE COMMUNICATIONS, sylvania; Nonattainment New Source Re- know that we, indeed, have a jobs plan. ETC. view; Fine Particulate Matter (PM2.5) [EPA- And tomorrow, when we pick up, again, R03-OAR-2011-0924; FRL-9698-2] received June Under clause 2 of rule XIV, executive 10, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to a debate to talk about America’s job communications were taken from the the Committee on Energy and Commerce. creators, that we will talk about how Speaker’s table and referred as follows: 7021. A letter from the Director, Regu- we can get this economy moving for- latory Management Division, Environmental 7011. A letter from the Director, Regu- Protection Agency, transmitting the Agen- ward again. And we will be voting on latory Management Division, Environmental cy’s final rule — Delegation of National H.R. 4078, the Red Tape Reduction and Protection Agency, transmitting the Agen- Small Business Job Creation Act, that Emission Standards for Hazardous Air Pol- cy’s final rule — Azoxystrobin; Pesticide lutants for Source Categories; Gila River In- every vote we take on it will be made Tolerances [EPA-HQ-OPP-2011-0398; FRL- dian Community [EPA-R09-OAR-2012-0286; with one purpose: to get this country 9352-2] received June 10, 2012, pursuant to 5 FRL-9698-7] received June 10, 2012, pursuant moving again and to get our economy U.S.C. 801(a)(1)(A); to the Committee on Ag- to 5 U.S.C. 801(a)(1)(A); to the Committee on back on track and to get America’s job riculture. Energy and Commerce. creators hiring once again. 7012. A letter from the Director, Regu- 7022. A letter from the Director, Regu- latory Management Division, Environmental I yield back the balance of my time. latory Management Division, Environmental Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- f cy’s final rule — Dicloran and Formetanate; cy’s final rule — Louisiana: Final Authoriza- Tolerance Actions [EPA-HQ-OPPT-2011-0507; tion of State-initiated Changes and Incorpo- REPORT ON RESOLUTION PRO- FRL-9353-7] (RIN: 2070-ZA16) received June ration by Reference of Approved State Haz- VIDING FOR CONSIDERATION OF 10, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to ardous Waste Management Program [EPA- H.R. 4078, RED TAPE REDUCTION the Committee on Agriculture. R06-2012-0411; FRL-9694-7] received June 10, AND SMALL BUSINESS JOB CRE- 7013. A letter from the Director, Regu- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ATION ACT, AND PROVIDING FOR latory Management Division, Environmental Committee on Energy and Commerce. 7023. A letter from the Under Secretary, CONSIDERATION OF H.R. 6082, Protection Agency, transmitting the Agen- cy’s final rule — Methoxyfenozide; Pesticide Department of Commerce, transmitting a re- CONGRESSIONAL REPLACEMENT Tolerances [EPA-HQ-OPP-2011-0343; FRL- port on the removal of United Nations arms OF PRESIDENT OBAMA’S EN- 9354-1] received June 10, 2012, pursuant to 5 embargo provisions against Rwanda; to the ERGY-RESTRICTING AND JOB- U.S.C. 801(a)(1)(A); to the Committee on Ag- Committee on Foreign Affairs. LIMITING OFFSHORE DRILLING riculture. 7024. A letter from the Director, Defense PLAN 7014. A letter from the Director, Regu- Security Cooperation Agency, transmitting latory Management Division, Environmental Transmittal No. 12-35, pursuant to the re- Ms. FOXX (during the Special Order Protection Agency, transmitting the Agen- porting requirements of Section 36(b)(1) of of Mr. GARDNER), from the Committee cy’s final rule — Sulfentrazone; Pesticide the Arms Export Control Act, as amended; to on Rules, submitted a privileged report Tolerances [EPA-HQ-OPP-2011-0758; FRL- the Committee on Foreign Affairs. 7025. A letter from the Director, Defense (Rept. No. 112–616) on the resolution (H. 9353-8] received June 10, 2012, pursuant to 5 Security Cooperation Agency, transmitting U.S.C. 801(a)(1)(A); to the Committee on Ag- Res. 738) providing for consideration of Transmittal No. 12-46, pursuant to the re- riculture. the bill (H.R. 4078) to provide that no porting requirements of Section 36(b)(1) of 7015. A letter from the Secretary, Depart- agency may take any significant regu- the Arms Export Control Act, as amended; to ment of Defense, transmitting a letter on the latory action until the unemployment the Committee on Foreign Affairs. approved retirement of General Norton A. rate is equal to or less than 6.0 percent, 7026. A letter from the Under Secretary, Schwartz, United States Air Force, and his Department of the Treasury, transmitting as and providing for consideration of the advancement to the grade of general on the bill (H.R. 6082) to officially replace, required by section 401(c) of the National retired list; to the Committee on Armed Emergencies Act, 50 U.S.C. 1641(c), and sec- within the 60-day Congressional review Services. tion 204(c) of the International Emergency period under the Outer Continental 7016. A letter from the Assistant Director Economic Powers Act, 50 U.S.C. 1703(c), a Shelf Lands Act, President Obama’s for Legislative Affairs, Consumer Financial six-month periodic report on the national Proposed Final Outer Continental Protection Bureau, transmitting the Bu- emergency with respect to Lebanon that was Shelf Oil & Gas Leasing Program (2012– reau’s report on Reverse Mortgages; to the declared in Executive Order 13441 of August Committee on Financial Services. 2017) with a congressional plan that 1, 2007; to the Committee on Foreign Affairs. 7017. A letter from the Director, Regu- 7027. A letter from the Chief Human Cap- will conduct additional oil and natural latory Management Division, Environmental ital Officer, Equal Employment Opportunity gas lease sales to promote offshore en- Protection Agency, transmitting the Agen- Commission, transmitting a report pursuant ergy development, job creation, and in- cy’s final rule — Hazardous Chemical Re- to the Federal Vacancies Reform Act of 1998; creased domestic energy production to porting: Revisions to the Emergency and to the Committee on Oversight and Govern- ensure a more secure energy future in Hazardous Chemical Inventory Forms (Tier I ment Reform. the United States, and for other pur- and Tier II) [EPA-HQ-SFUND-2010-0763; FRL- 7028. A letter from the President and Chief poses, which was referred to the House 9674-1] (RIN: 2050-AG64) received June 10, Executive Officer, Federal Home Loan Bank 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Topeka, transmitting the 2011 Statements Calendar and ordered to be printed. Committee on Energy and Commerce. on System of Internal Controls of the Fed- f 7018. A letter from the Director, Regu- eral Home Loan Bank of Topeka, pursuant to latory Management Division, Environmental 31 U.S.C. 9106; to the Committee on Over- LEAVE OF ABSENCE Protection Agency, transmitting the Agen- sight and Government Reform. By unanimous consent, leave of ab- cy’s final rule — Prevention of Significant 7029. A letter from the President, National Council on Radiation Protection and Meas- sence was granted to: Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide urements, transmitting the 2011 Annual Re- Mr. FARR (at the request of Ms. Applicability Limits [EPA-HQ-OAR-2009- port of an independent auditor who has au- PELOSI) for today on account of official 0517; FRL-9690-1] (RIN: 2060-AR10) received dited the records of the National Council on business in district. June 10, 2012, pursuant to 5 U.S.C. Radiation Protection and Measurements, Mr. HONDA (at the request of Ms. 801(a)(1)(A); to the Committee on Energy and pursuant to 36 U.S.C. 4514; to the Committee PELOSI) for today. Commerce. on the Judiciary. 7030. A letter from the Assistant Secretary, Mr. REYES (at the request of Ms. 7019. A letter from the Director, Regu- latory Management Division, Environmental Legislative Affairs, Department of State, PELOSI) for today on account of med- transmitting a semi-annual report to Con- ical reason. Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation gress on the continued compliance of Azer- f of Air Quality Implementation Plans; Mary- baijan, Kazakhstan, Moldova, the Russian Federation, Tajikistan, and Uzbekistan with land; Reasonably Available Control Tech- the Trade Act’s freedom of emigration provi- ADJOURNMENT nology for the 1997 8-Hour Ozone National sions, as required under the Jackson-Vanik Ambient Air Quality Standard [EPA-R03- Mr. GARDNER. Mr. Speaker, I move Amendment; to the Committee on Ways and OAR-2012-0208; FRL-9697-9] received June 10, that the House do now adjourn. Means. The motion was agreed to; accord- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the f ingly (at 8 o’clock and 57 minutes Committee on Energy and Commerce. 7020. A letter from the Director, Regu- p.m.), under its previous order, the REPORTS OF COMMITTEES ON latory Management Division, Environmental PUBLIC BILLS AND RESOLUTIONS House adjourned until tomorrow, Tues- Protection Agency, transmitting the Agen- day, July 24, 2012, at 10 a.m. for morn- cy’s final rule — Approval and Promulgation Under clause 2 of rule XIII, reports of ing-hour debate. of Air Quality Implementation Plans; Penn- committees were delivered to the Clerk

VerDate Mar 15 2010 04:54 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.106 H23JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H5130 CONGRESSIONAL RECORD — HOUSE July 23, 2012 for printing and reference to the proper on Transportation and Infrastructure, and in Congress has the power to enact this legis- calendar, as follows: addition to the Committees on Energy and lation pursuant to the following: Commerce, and Natural Resources, for a pe- The ability to regulate interstate com- [Pursuant to the order of the House on July 19, riod to be subsequently determined by the merce pursuant to Article 1, Section 8, 2012 the following report was filed on July 20, Speaker, in each case for consideration of Clause 3. 2012] such provisions as fall within the jurisdic- f Mr. ISSA: Committee on Oversight and tion of the committee concerned. Government Reform. H.R. 4078. A bill to pro- By Mr. GOSAR (for himself, Mr. vide that no agency may take any signifi- ADDITIONAL SPONSORS SCHWEIKERT, Mr. FLAKE, Mr. QUAYLE, cant regulatory action until the unemploy- and Mr. FRANKS of Arizona): Under clause 7 of rule XII, sponsors ment rate is equal to or less than 6.0 percent; H.R. 6165. A bill to amend the Internal Rev- were added to public bills and resolu- with amendments (Rept. 112–461 Pt. 2). Re- enue Code of 1986 to require certain non- tions as follows: ferred to the Committee of the Whole House resident aliens to provide valid immigration on the state of the Union. H.R. 157: Mr. KINZINGER of Illinois. documents to claim the refundable portion H.R. 265: Mr. JOHNSON of Georgia. [Submitted July 20, 2012] of the child tax credit; to the Committee on H.R. 288: Ms. SCHAKOWSKY. Mr. HASTINGS of Washington: Committee Ways and Means. H.R. 572: Mr. LARSEN of Washington. on Natural Resources. H.R. 6082. A bill to of- By Mrs. DAVIS of California (for her- H.R. 602: Mr. VAN HOLLEN, Mr. MCGOVERN, ficially replace, within the 60-day Congres- self, Ms. ZOE LOFGREN of California, and Mr. KILDEE. sional review period under the Outer Conti- Mr. THOMPSON of California, Mr. CAR- H.R. 603: Mr. VAN HOLLEN, Mr. MCGOVERN, nental Shelf Lands Act, President Obama’s DOZA, Ms. MATSUI, Ms. RICHARDSON, and Mr. KILDEE. Proposed Final Outer Continental Shelf Oil Ms. HAHN, Mr. GEORGE MILLER of H.R. 604: Mr. VAN HOLLEN, Mr. MCGOVERN, & Gas Leasing Program (2012–2017) with a California, Ms. WOOLSEY, Mr. FARR, and Mr. KILDEE. congressional plan that will conduct addi- Ms. ESHOO, Ms. LORETTA SANCHEZ of H.R. 640: Mr. LYNCH. tional oil and natural gas lease sales to pro- California, Ms. BASS of California, H.R. 719: Mr. MURPHY of Connecticut. mote offshore energy development, job cre- Mr. BERMAN, Ms. LEE of California, H.R. 860: Mr. PEARCE, Mr. THOMPSON of ation, and increased domestic energy produc- Ms. CHU, Mr. GARAMENDI, Mrs. CAPPS, Mississippi, and Mr. WAXMAN. tion to ensure a more secure energy future in Mrs. NAPOLITANO, Ms. ROYBAL- H.R. 890: Mr. MCINTYRE. the United States, and for other purposes; ALLARD, Mr. SCHIFF, Ms. PELOSI, Mr. H.R. 891: Mr. PLATTS and Mr. HINOJOSA. with an amendment (Rept. 112–615). Referred WAXMAN, Mr. MCNERNEY, Ms. SPEIER, H.R. 997: Mr. BILIRAKIS. ´ to the Committee of the Whole House. Ms. LINDA T. SANCHEZ of California, H.R. 1063: Mr. DAVIS of Kentucky and Mr. [Submitted July 23, 2012] Mr. SHERMAN, Mr. HONDA, Mr. FIL- SESSIONS. Ms. FOXX: Committee on Rules. House NER, Mr. BECERRA, Mr. BACA, and Mr. H.R. 1111: Mr. GRIFFIN of Arkansas. Resolution 738. Resolution providing for con- STARK): H.R. 1195: Mr. WALZ of Minnesota. sideration of the bill (H.R. 4078) to provide H.R. 6166. A bill to designate the United H.R. 1244: Mr. HONDA. that no agency may take any significant reg- States courthouse located at 333 West Broad- H.R. 1370: Mr. DUNCAN of South Carolina. ulatory action until the unemployment rate way Street in San Diego, California, as the H.R. 1381: Mr. ALTMIRE and Mr. CAPUANO. is equal to or less than 6.0 percent, and pro- ‘‘James M. Carter and Judith N. Keep United H.R. 1397: Mr. CARNEY. viding for consideration of the bill (H.R. 6082) States Courthouse‘‘; to the Committee on H.R. 1474: Mr. HANNA. to officially replace, within the 60-day Con- Transportation and Infrastructure. H.R. 1489: Mr. SABLAN and Mr. HOLDEN. gressional review period under the Outer By Mr. LOEBSACK (for himself, Mr. H.R. 1543: Mr. HEINRICH. Continental Shelf Lands Act, President BOSWELL, Mr. BRALEY of Iowa, Mr. H.R. 1546: Mr. WILSON of South Carolina, Obama’s Proposed Final Outer Continental KING of Iowa, and Mr. LATHAM): Ms. BERKLEY, and Ms. DELAURO. H.R. 6167. A bill to extend supplemental ag- Shelf Oil & Gas Leasing Program (2012–2017) H.R. 1549: Mr. KINGSTON. ricultural disaster assistance programs; to with a congressional plan that will conduct H.R. 1621: Mr. GOHMERT and Mr. HUNTER. the Committee on Agriculture, and in addi- additional oil and natural gas lease sales to H.R. 1635: Mr. GRIMM. tion to the Committee on Ways and Means, promote offshore energy development, job H.R. 1653: Mr. MORAN and Mr. RICHMOND. for a period to be subsequently determined creation, and increased domestic energy pro- H.R. 1775: Mr. HARRIS, Mr. LIPINSKI, Mr. by the Speaker, in each case for consider- duction to ensure a more secure energy fu- CICILLINE, Mr. PETERSON, and Ms. DELAURO. ation of such provisions as fall within the ju- ture in the United States and for other pur- H.R. 1956: Mr. SCALISE. risdiction of the committee concerned. poses (Rept. 112–616) Referred to the House H.R. 1971: Mr. WESTMORELAND. Calendar. f H.R. 2030: Mr. LEVIN. H.R. 2052: Ms. BORDALLO. f CONSTITUTIONAL AUTHORITY H.R. 2069: Mr. RANGEL and Mr. PUBLIC BILLS AND RESOLUTIONS STATEMENT FITZPATRICK. Under clause 2 of rule XII, public Pursuant to clause 7 of rule XII of H.R. 2094: Mr. POLLS. H.R. 2140: Ms. SUTTON. bills and resolutions of the following the Rules of the House of Representa- H.R. 2194: Mr. MCGOVERN. titles were introduced and severally re- tives, the following statements are submitted regarding the specific powers H.R. 2245: Mr. BILIRAKIS. ferred, as follows: H.R. 2284: Mr. MCCAUL. granted to Congress in the Constitu- By Mr. TERRY (for himself, Mr. H.R. 2437: Mr. CLAY. UPTON, Mr. WHITFIELD, Mr. SCALISE, tion to enact the accompanying bill or H.R. 2492: Ms. BONAMICI. Mr. MURPHY of Pennsylvania, Mr. joint resolution. H.R. 2637: Ms. RICHARDSON. SULLIVAN, Mr. POMPEO, Mr. BARTON By Mr. TERRY: H.R. 2689: Mr. CLAY. of Texas, Mr. OLSON, Mr. CONAWAY, H.R. 6164. H.R. 2695: Ms. SPEIER, Mr. CAPUANO, Mr. Mr. SHUSTER, Mr. WESTMORELAND, Congress has the power to enact this legis- BACHUS, Mr. TONKO, and Mr. RIVERA. Mr. BOUSTANY, Mr. STIVERS, Mr. lation pursuant to the following: H.R. 2696: Ms. SPEIER, Mr. BACHUS, Mr. BROOKS, Mr. BERG, Mr. ROKITA, Mr. Commerce Clause: Article 1, Section 8, TONKO, Mr. RIVERA, Mr. ALTMIRE, and Ms. HARPER, Mr. BURGESS, Mr. KINZINGER Clause 3 EDDIE BERNICE JOHNSON of Texas. of Illinois, Mr. KING of New York, Mr. By Mr. GOSAR: H.R. 2721: Mr. QUIGLEY. REHBERG, Mr. LONG, Mr. CANSECO, H.R. 6165. H.R. 2730: Mr. GRIJALVA. Mr. MULVANEY, Mr. BILBRAY, Mr. Congress has the power to enact this legis- H.R. 2925: Mrs. MYRICK. GUTHRIE, Mr. HUIZENGA of Michigan, lation pursuant to the following: H.R. 2960: Mr. BILIRAKIS. Mr. CASSIDY, Mr. GARDNER, Mr. Because this legislation affects the process H.R. 2982: Mr. DANIEL E. LUNGREN of Cali- PEARCE, Mr. LANKFORD, Mr. POE of to adjust income tax liability, it is constitu- fornia. Texas, Mr. SENSENBRENNER, Mr. tionally authorized by Article I, Section 8, H.R. 3091: Mr. SCALISE and Mrs. NOEM. SHIMKUS, Mr. JOHNSON of Ohio, Mr. Clause 1 which gives Congress the power to H.R. 3130: Mr. FINCHER. MATHESON, Mrs. MCMORRIS RODGERS, lay and collect taxes—as well as the Six- H.R. 3252: Mr. GIBSON and Mr. WALDEN. Mr. WALDEN, Mr. SIMPSON, Mr. GRIF- teenth Amendment to the Constitution H.R. 3269: Ms. HERRERA BEUTLER. FIN of Arkansas, Mr. HARRIS, Mrs. which specifically gives Congress the power H.R. 3307: Mr. KISSELL. BLACKBURN, Mr. COBLE, Mrs. CAPITO, to lay and collect taxes on incomes. H.R. 3352: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. FLORES, Mr. GRAVES of Missouri, By Mrs. DAVIS of California: fornia and Mr. LIPINSKI. and Mr. GRIFFITH of Virginia): H.R. 6166. H.R. 3423: Mr. HANNA, Mr. RUNYAN, Mr. H.R. 6164. A bill to approve the construc- Congress has the power to enact this legis- BISHOP of Georgia, Mr. COLE, Ms. CASTOR of tion, operation, and maintenance of the lation pursuant to the following: Florida, Mr. RIVERA, and Mr. CHABOT. northern portion of the Keystone XL pipe- Article I, Section 8 H.R. 3506: Mr. STEARNS. line from the Canadian border to the South By Mr. LOEBSACK: H.R. 3510: Mr. MILLER of North Carolina Dakota/Nebraska border; to the Committee H.R. 6167. and Mrs. NAPOLITANO.

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H.R. 3553: Ms. EDWARDS and Mr. WELCH. H. Con. Res. 129: Ms. HIRONO. sible and permitted by law, an opportunity H.R. 3612: Mr. GEORGE MILLER of Cali- H. Res. 651: Mr. STARK. for public comment on all relevant scientific fornia. H. Res. 682: Ms. BORDALLO, Mr. TOWNS, Mr. findings; H.R. 3627: Ms. CASTOR of Florida, Mr. CLAY, Mr. MORAN, and Mr. LEWIS of Georgia. (2) the agency has procedures in place to COBLE, and Mr. COURTNEY. H. Res. 687: Mr. ELLISON. make policy decisions only on the basis of H.R. 3769: Mr. MEEKS and Mr. FRANK of H. Res. 722: Mr. MEEHAN. the best reasonably obtainable scientific, Massachusetts. H. Res. 725: Ms. SEWELL, Ms. MCCOLLUM, technical, economic, and other evidence and H.R. 3798: Mr. TOWNS, Mr. DANIEL E. LUN- and Mr. RANGEL. information concerning the need for, con- GREN of California, and Ms. CLARKE of New H. Res. 727: Mr. POLIS. sequences of, and alternatives to the deci- York. f sion; and H.R. 3803: Mr. GRIFFITH of Virginia, Mr. (3) the agency has in place procedures to WEBSTER, Mr. MACK, Mr. FITZPATRICK, and AMENDMENTS identify and address instances in which the Mr. HASTINGS of Washington. Under clause 8 of rule XVIII, pro- integrity of scientific information consid- H.R. 3816: Mr. BRALEY of Iowa. posed amendments were submitted as ered by the agency may have been com- H.R. 3861: Mr. DINGELL. follows: promised, including instances in which such H.R. 4037: Mrs. CHRISTENSEN. information may have been the product of a H.R. 4115: Mr. LIPINSKI. H.R. 4078 scientific process that was compromised. H.R. 4122: Mr. HIMES. OFFERED BY: MR. MANZULLO (c) APPROVAL NEEDED FOR POLICY DECI- H.R. 4215: Mr. MARINO. AMENDMENT NO1: SIONS TO TAKE EFFECT.—No policy decision H.R. 4235: Mr. HINOJOSA. Add at the end of the bill the following: issued after January 1, 2013, by an agency H.R. 5284: Mr. DAVIS of Kentucky. subject to this section may take effect prior H.R. 5542: Mr. BOSWELL. TITLE VIII—ENSURING HIGH STANDARDS to such date that the agency has in effect H.R. 5630: Mr. BUCHANAN. FOR AGENCY USE OF SCIENTIFIC IN- guidelines under subsection (a) that have H.R. 5638: Ms. SPEIER. FORMATION been approved by the Director of the Office H.R. 5646: Mr. FINCHER. SEC. 801. REQUIREMENT FOR FINAL GUIDELINES. of Science and Technology Policy. H.R. 5647: Mr. PASTOR of Arizona. (a) IN GENERAL.—Not later than January 1, H.R. 5684: Ms. TSONGAS. 2013, each Federal agency shall have in effect (d) POLICY DECISIONS NOT IN COMPLIANCE.— H.R. 5708: Mr. LONG and Mr. BUCHANAN. guidelines for ensuring and maximizing the A policy decision of an agency that does not H.R. 5710: Mr. HARRIS and Mr. LOEBSACK. quality, objectivity, utility, and integrity of comply with guidelines approved under sub- H.R. 5846: Mr. WESTMORELAND. scientific information relied upon by such section (c) shall be deemed to be arbitrary, H.R. 5959: Ms. PINGREE of Maine. agency. capricious, an abuse of discretion, and other- H.R. 5978: Mr. SCHIFF and Ms. BONAMICI. (b) CONTENT OF GUIDELINES.—The guide- wise not in accordance with law. H.R. 5998: Mr. BACA. lines described in subsection (a), with re- (e) DEFINITIONS.—For purposes of this sec- H.R. 6025: Mr. FRANKS of Arizona, Mr. CAR- spect to a Federal agency, shall ensure tion: TER, and Mr. CRAVAACK. that— (1) AGENCY.—The term ‘‘agency’’ has the H.R. 6035: Ms. BASS of California. (1) when scientific information is consid- meaning given such term in section 551(1) of H.R. 6075: Mr. FLAKE. ered by the agency in policy decisions— title 5, United States Code. H.R. 6107: Ms. MATSUI, Mr. BOSWELL, Mr. (A) the information is subject to well-es- (2) POLICY DECISION.—The term ‘‘policy de- BUTTERFIELD, and Ms. NORTON. tablished scientific processes, including peer cision’’ means, with respect to an agency, an H.R. 6112: Mr. LANKFORD. review where appropriate; agency action as defined in section 551(13) of H.R. 6120: Mr. CROWLEY. (B) the agency appropriately applies the title 5, United States Code, (other than an H.R. 6132: Mr. STARK. scientific information to the policy decision; adjudication, as defined in section 551(7) of H.R. 6139: Mr. SESSIONS. (C) except for information that is protected such title), and includes— H.R. 6140: Mr. HARRIS, Mr. COFFMAN of Col- from disclosure by law or administrative (A) the listing, labeling, or other identi- orado, Mr. KINGSTON, Mr. GOSAR, and Mr. practice, the agency makes available to the fication of a substance, product, or activity JONES. public the scientific information considered as hazardous or creating risk to human H. R. 6147: Mr. PENCE and Mrs. MYRICK. by the agency; health, safety, or the environment; and H. R. 6150: Mr. HANNA. (D) the agency gives greatest weight to in- (B) agency guidance. H. R. 6152: Mr. DINGELL. formation that is based on experimental, em- (3) AGENCY GUIDANCE.—The term ‘‘agency H. R. 6155: Mr. RUSH. pirical, quantifiable, and reproducible data guidance’’ means an agency statement of H. R. 6161: Mr. GARRETT. that is developed in accordance with well-es- general applicability and future effect, other H. Res. 47: Mr. CUMMINGS and Ms. BROWN of tablished scientific processes; and than a regulatory action, that sets forth a Florida. (E) with respect to any proposed rule policy on a statutory, regulatory, or tech- H. Res. 110: Mr. GALLEGLY and Mr. ROSKAM. issued by the agency, such agency follows nical issue or on an interpretation of a statu- H. Con. Res. 116: Mr. SENSENBRENNER. procedures that include, to the extent fea- tory or regulatory issue.

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Vol. 158 WASHINGTON, MONDAY, JULY 23, 2012 No. 110 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BLUMEN- understand why anyone would target called to order by the Honorable RICH- THAL, a Senator from the State of Con- so many innocent people. ARD BLUMENTHAL, a Senator from the necticut, to perform the duties of the Chair. Friday’s events were a reminder that State of Connecticut. DANIEL K. INOUYE, nothing in this world is certain and President pro tempore. that life is precious and short. Today PRAYER Mr. BLUMENTHAL thereupon as- we pause to mourn the dead but also to sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- honor how they lived. We pledge our pro tempore. fered the following prayer: support to the people of Aurora, CO, Let us pray. f both as they grieve and as they begin to heal from this terrible tragedy. Eternal Savior, our help in ages past, RECOGNITION OF THE MAJORITY RECOGNITION OF THE MINORITY LEADER take our lawmakers to a safe refuge, LEADER for You are their strong defense. Let The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- them find safety under Your wings, as pore. The Republican leader is recog- pore. The majority leader is recog- You protect them with Your constant nized. nized. love and faithfulness. Today, refresh AURORA, COLORADO SHOOTINGS our Senators with Your spirit, quicken f Mr. MCCONNELL. Mr. President, we have all been sifting through the their thinking, reinforce their judg- MIDDLE CLASS TAX CUT ACT— ment, and strengthen their resolve to events of last Friday, and I think it is MOTION TO PROCEED entirely appropriate for the Senate to follow You. Show them what needs to Mr. REID. Mr. President, I move to take a moment today to acknowledge, be changed and give them the courage proceed to Calendar No. 467. as we just did, the victims of this and wisdom to make the changes. The ACTING PRESIDENT pro tem- nightmarish rampage, their families, Lord, we conclude this prayer by ask- pore. The clerk will report. and the wider community of Aurora. ing You to embrace with Your arms of The legislative clerk read as follows: In the life of a nation, some events mercy the victims and the families af- are just so terrible they compel all of fected by the tragic shooting in Au- Motion to proceed to Calendar No. 467, S. 3412, a bill to amend the Internal Revenue us to set aside our normal routines and rora, CO. We pray in Your holy Name. Code of 1986 to provide tax relief to middle- preoccupations, step back, reflect on Amen. class families. our own motivations and priorities, f MOMENT OF SILENCE and think about the kind of lives we all aspire to live. This is certainly one of PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, I ask unanimous consent that the Senate now ob- those times. The Honorable RICHARD BLUMENTHAL serve a moment of silence for the vic- As is almost always the case in mo- led the Pledge of Allegiance, as follows: tims of the shooting in Colorado. ments such as this, the horror has been I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- tempered somewhat by the acts of her- United States of America, and to the Repub- pore. Without objection, it is so or- oism and self-sacrifice that took place in the midst of the violence. I read one lic for which it stands, one nation under God, dered. indivisible, with liberty and justice for all. report that said three different young (Moment of Silence.) f men sacrificed their own lives in pro- AURORA, COLORADO SHOOTINGS tecting the young women they were APPOINTMENT OF ACTING Mr. REID. Mr. President, this after- with. We know the first responders and PRESIDENT PRO TEMPORE noon the Senate pauses to remember nurses and doctors saved lives too, in- those killed in last week’s horrific The PRESIDING OFFICER. The cluding the life of an unborn child. shooting in Colorado. clerk will please read a communication I think all of us were moved over the Among the dead was 26-year-old Jon- to the Senate from the President pro weekend by the stories we have heard athan Blunk—a graduate of Hug High tempore (Mr. INOUYE). about the victims themselves. It is School in Reno, NV, a Navy veteran The legislative clerk read the fol- hard not to be struck by how young and father of two. My heart goes out to lowing letter: most of them were, of how many his loved ones and to all the victims dreams were extinguished so quickly U.S. SENATE, and their families as they struggle to and mercilessly, but we were also PRESIDENT PRO TEMPORE, Washington, DC, July 23, 2012. make sense of the senseless. How can moved by the outpouring of compas- To the Senate: you make sense of something that is so sion that followed and by the refusal of Under the provisions of rule I, paragraph 3, senseless? We may never know the mo- the people of Aurora to allow the mon- of the Standing Rules of the Senate, I hereby tivations behind this terrible crime or ster who committed this crime to

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

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VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.000 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5240 CONGRESSIONAL RECORD — SENATE July 23, 2012 eclipse the memory of the people he than the Defense authorization bill. I morale, their welfare? Cannot we pass killed. respectfully but vehemently disagree a defense authorization bill through President Obama, Governor Hicken- with that statement. this body? Are we so parochial? Is the looper, and the religious leaders in and According to the majority leader, Senate majority leader oblivious to the around Aurora are to be commended ‘‘We’re going to have to get to cyberse- needs of the men and women who are for the time and effort they have put curity before we get to the defense au- serving this Nation? They deserve bet- into consoling the families of the vic- thorization bill because on the relative ter than what they are getting from tims and the broader community. I merits, cybersecurity is more impor- the leadership of this Senate. think the best thing the rest of us can tant.’’ The Senate Armed Services Com- do right now is to show our respect for Let me repeat this. The majority mittee version of the fiscal year 2013 those who have been affected by this leader of the Senate is arguing that National Defense Authorization Act terrible and senseless crime and to con- legislation dealing with cybersecu- provides $525 billion for the base budget tinue to pray for the injured, that they rity—which is a subset of national se- of the Defense Department, $88 billion recover fully from their injuries. curity, of national defense—is more for operations in Afghanistan and There are few things more common important than legislation responsible around the world, and $17.8 billion to in America than going out to a movie for ensuring that the men and women maintain our nuclear deterrent. with friends, which is why the first re- of the Armed Forces have the resources In the area of pay and compensation, sponse most of us had to the shootings and authorities necessary to ensure our the bill authorizes $135 billion for mili- in Aurora was to think: It could have national security—a bizarre statement. tary personnel, including costs of pay, been any of us. It is the randomness of I have been involved in national secu- allowances, bonuses, and a 1.7-percent a crime such as this that makes it im- rity issues for a long time. I have been across-the-board pay raise for all mem- possible to understand and so hard to involved with the bills concerning na- bers of the uniformed services, con- accept. But as the Scripture says, ‘‘The tional defense, and I have never heard sistent with the President’s request. rain falls on the just and the unjust.’’ a statement that cybersecurity is more The bill improves the quality of life of So we accept that some things we important than the overall security of the men and women in the Active and just can’t explain. Evil is one of them. this country. That either was the ma- Reserve components of the all-volun- We take comfort in the fact that while jority leader misspeaking or the major- teer force. It helps to address the needs tragedy and loss persist, so does the ity leader having a lack of under- of the wounded servicemembers and goodness and generosity of so many. standing of what national security is their families. It also authorizes im- Now I would like to join Governor all about. portant military construction and fam- Hickenlooper in honoring the victims He is arguing that a controversial ily housing projects that cannot pro- by reciting their names: and flawed bill on cybersecurity—a bill ceed without specific authorization. Veronica Moser-Sullivan, Gordon of such ‘‘significance’’ that it has lan- All major weapons systems are au- Cowden, Matthew McQuinn, Alex Sul- guished for over 5 months at the Home- thorized in this legislation, including livan, Micayla Medek, John Larimer, land Security and Governmental Af- those that will benefit by the commit- Jesse Childress, Alexander Boik, Jona- fairs Committee, with no committee tee’s continuous rigorous oversight of than Blunk, Rebecca Ann Wingo, Alex- markup or normal committee process, poorly performing programs. Every ander Teves, Jessica Ghawi. no amendments—should take prece- piece of equipment—large or small— We too will remember. dence over a bill which was vetted for that the Department of Defense needs RESERVATION OF LEADER TIME over a period of 4 months by the Senate to develop or procure is authorized in The ACTING PRESIDENT pro tem- Armed Services Committee and re- that legislation. pore. Under the previous order, the ported to the floor with the unanimous With the planned reductions in Af- leadership time is reserved. support of all 26 members, which cer- ghanistan, the importance of providing Mr. REID. Mr. President, I suggest tainly would not have been the case if for our deployed troops while training the absence of a quorum. there had been a vote on cybersecurity and transitioning responsibilities to The ACTING PRESIDENT pro tem- legislation as it is presently proposed, the Afghan forces has never been more pore. The clerk will call the roll. because I am a member of that com- important. The bill provides our serv- The legislative clerk proceeded to mittee and I and others certainly ice men and women with the resources, call the roll. would never have supported this legis- training, equipment, and authorities Mr. MCCAIN. Mr. President, I ask lation and at least we should have been they need to succeed in combat and unanimous consent that the order for allowed the amendment process. But stability operations. It also enhances the quorum call be rescinded. that is not the case with ‘‘cybersecu- the capability of U.S. forces to support The ACTING PRESIDENT pro tem- rity.’’ the Afghan National Security Forces pore. Without objection, it is so or- Also, I might add, I understand we and Afghan local police as they assume dered. will have to have a motion to proceed, responsibility for security throughout DEFENSE AUTHORIZATION which then will drag us into next week, Afghanistan by the year 2014. Mr. MCCAIN. Mr. President, I rise to when we could—I emphasize could—fin- The bill contains important initia- once again urge the majority leader of ish the Defense authorization bill in 1 tives intended to ensure proper stew- the Senate to bring to the floor for de- week and at most 2. ardship by the department of taxpayer bate one of the most important pieces I remind my colleagues that consid- dollars by, among other things, codi- of legislation that comes before this eration of the Defense authorization fying the 2014 goal for it to achieve an body each year; that is, the national bill is more than a simple right of this auditable statement of budgetary re- defense authorization bill. body. It is an obligation to our na- sources, strictly limiting the use of On several occasions I have ap- tional defense and a fulfillment of our cost-type contracts for the production proached the majority leader and asked responsibility to the men and women of major weapons systems, requiring him to consider this legislation which, in uniform that the Senate has honored the Department of Defense to review for the last 50 years, this body has over the past 50 consecutive years. its existing profit guidelines and revise taken up, debated, amended, passed, I would say to my colleagues, today I them as necessary to ensure an appro- conferenced with the House of Rep- went out to Bethesda Walter Reed to priate link between contractor profits resentatives, and sent to the President visit with our wounded. It is always an and contractor performance, enhancing for the President’s signature. uplifting and always an incredible ex- protections for contractor employee Last week, the majority leader, the perience for me to make that visit. whistleblowers, and restricting the use Senator from Nevada, stated that Sen- Cannot we—cannot we—as a body, for of abusive ‘‘passthrough’’ contracts. ate consideration of a controversial the sake of those men and women Another vitally important provision and flawed bill on cybersecurity—a bill whose lives are on the line, pass a de- in the bill repeals provisions of last that has not been considered in the fense authorization bill that is respon- year’s National Defense Authorization regular order—is more important and sible for their security, their training, Act that threaten to upset the delicate of a higher national security priority their weapons, their equipment, their balance between the public sector and

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.010 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5241 the private sector in the maintenance nuclear weapons—we just saw the Ira- First, I think ‘‘class’’ is a loaded and repair of military systems, and the nian ability to commit acts of terror term that is not appropriate for our de- bill addresses many other important all over the world, the latest being in bates about income, mobility, and tax national security policy issues. Bulgaria—the fact that Syria is now policy. Implying there is a rigid class With respect to cybersecurity, I am coming apart and in danger of—because structure in America suggests some in full agreement that the threat we of this administration’s failure to people were born innately superior to face in the cyber domain is among the lead—that there can be chemical weap- others, and that where you were born is most significant and challenging ons not only spread around Syria but where you stay. threats of 21st century warfare. This also in other places as well. There is a That is not what we believe in Amer- threat was made even more evident by danger of chemical weapons that are ica. A true class-based society is one in the recent leaks about Stuxnet coming presently under Bashar Assad’s control which one ruling class employs another from this administration. That is why flowing to Hezbollah, presenting a class that labors but cannot own prop- the Defense authorization bill takes grave threat to the security of Israel. erty or move out of their class. great steps to improve our capabilities All these things are happening in the This is not who we are in America. by consolidating defense networks to world without this body acting on the We do not have an ingrained class sys- improve security and management and most important piece of legislation as tem. There are no noble bloodlines. We allow critical personnel to be reas- far as our national security is condo not have an aristocracy or com- signed in support of offensive cyber cerned, and the majority leader of the moners or people who are legally un- missions which are presently under- Senate apparently has decided not to able to own land, for example, because staffed. It also provides policy guid- bring it up and wants to bring up cy- of their class. Spreading economic re- ance to the Department of Defense to bersecurity instead. It is a grave injus- sentment weakens American values and ideals, and it ignores the uniquely address the clear need for retaliatory tice—a grave injustice—to the men and meritocratic basis of our society where capabilities to serve both as a deter- women who are serving this Nation and you can succeed if you work hard, and rence to and to respond in the event of sacrificing so much. you can do well. a cyber attack. I hope the majority leader of the Sen- Generations arrived here in America Based on the procedures the Senate ate, who by right of his position and in to get away from class societies in Eu- has been following over the past few the majority decides the agenda for the rope. They believed in that years—with little or no opportunity for Senate, will change his mind and bring meritocracy. They wanted the oppor- debate and amendments—the majority up the Defense authorization bill, tunity to make it in the land of self- leader apparently intends to rush which I assure him we can have passed government and equal rights and op- through the Senate a flawed piece of by this body, as always, in a near unan- portunity, to work and compete and to legislation. The cybersecurity bill he imous vote, if not totally unanimous build something of their own, some- intends to call up later this week is vote, for the benefit of the security of thing they could perhaps one day pass greatly in need of improvement, both this Nation. on to their children. in the area of information sharing I yield the floor. In America we believe everyone can among all Federal agencies and the ap- I suggest the absence of a quorum. achieve the American dream regardless propriate approach to ensuring critical The ACTING PRESIDENT pro tem- of background. And how many rags-to- infrastructure protection. pore. The clerk will call the roll. riches stories are there out there? The assistant legislative clerk pro- Without significant amendment, the There are countless. How many from ceeded to call the roll. current bill the majority leader intends one generation to the next, and by the Mr. KYL. Mr. President, I ask unani- to push through the Senate has zero third generation you had an incredibly mous consent that the order for the chance of passing the House of Rep- more successful generation than the quorum call be rescinded. resentatives or ever being signed into first. Think of all the people who had a The ACTING PRESIDENT pro tem- law; whereas, the Defense authoriza- big dream and built something or made pore. Without objection, it is so or- tion bill, if we would take it up and something that changed lives; maybe a dered. pass it, clearly, we would have a suc- company that employs a lot of people cessful conference with the House, and CLASS WARFARE or a product that makes life easier or we would send it—after voting on the Mr. KYL. Mr. President, I wanted to maybe even just more fun. We have dif- conferenced bill—to the President for say a few words today about the cur- ferent talents to offer and different his signature. There is no chance the rent debate over ‘‘class,’’ a term that ideas of success and what we want to cybersecurity bill the majority leader has been ubiquitous in this election do with our lives, and that is all part of wants to bring to the floor will have a year. Its usage in political rhetoric is, the American story. chance of passage in the House of Rep- I believe, misguided and wrong and As columnist Robert Samuelson resentatives. even dangerous. Most prominently, we noted recently, four modern-day Presi- So here is the choice: take up the De- have a President who talks incessantly dents—Obama, Clinton, Johnson, and fense authorization bill, which has im- about class, particularly the middle Eisenhower—all came from very mod- portant cybersecurity provisions in it class. Maybe you have noticed that. est backgrounds. So we don’t need the and provides for the overall defense of He defines class strictly by your in- current President touring the country the Nation, or take up a flawed bill come. In the President’s narrative, and defining every American’s values that never went through the com- someone who makes $199,000 a year is a and status based upon a class system mittee, was never amended, take it to member of one class, and someone who he has made up. the floor, use up 1 week while we go makes $200,000 belongs to another If we want to talk about income and through the motion to proceed, and class. Does that make sense? Indeed, mobility, which is the basis of the class then maybe pass it, maybe not, and not each day the President is out on the debate, let’s do that. And that leads to have it even considered by the other campaign trial championing himself as my second point. Income in America is body during the month of September, the great protector of what he calls the fluid; that is, there is ample evidence which is the last we will be in session middle class, and pitting those Ameri- that people can and do move among in- before the election. cans against their fellow citizens by ar- come groups. Our economists study For the life of me, I do not under- guing that the wealthiest class is vic- this. They divide our country into stand why the majority leader of the timizing them through the Tax Code. quintiles and they talk about how peo- Senate should have so little regard for If wealthy people are not made to ple move from one quintile into an- the needs of the men and women who pay more, he argues, the middle class other quintile, and they do this are serving in the military today, and will be stuck in their current stations. throughout their life. You know, I hope he will understand better the What one class wins, he implies, the younger people start in the lower needs to defend this Nation, as we are other class loses. In this, I believe he is quintiles and as they get education and still involved in conflict in Afghani- wrong. Moreover, I believe such a forget work and then get improved work stan, we face a major crisis with Iran mulation is contrary to four centuries and more experience, they move into over their continued development of of American history. higher quintiles.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.013 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5242 CONGRESSIONAL RECORD — SENATE July 23, 2012 Take one statistic here. The Tax connected energy firms. Even without talked about identifying with the com- Foundation found from 1997 to 2007— cap-and-trade, many of Obama’s polit- mon man. He said he thought God the 10-year period they studied—only ical supporters have reaped huge bene- made a lot of them, and I think that is 50 percent of the taxpayers who fits from the administration’s green true. Most people in this country like reached millionaire status did so more energy industrial policy. The Solyndra to think of themselves as basic, com- than one time. In other words, high in- scandal demonstrates what can happen mon citizens, and they do not particu- come status is often the result of 1 or when government tramples free mar- larly like somebody identifying them 2 years of financial success, frequently kets in a misguided attempt to pick as a class in order to suggest they are based on the sale of an asset or some economic winners and losers. better or worse than somebody else. other temporary event. As University of Chicago economist That is why I think, even though this Here is another notable factoid: A Luigi Zingales reminds us in his new divides America, the discussion about Kauffman Foundation survey of more book, ‘‘A Capitalism for the People,’’ class is probably simply an effort to than 500 successful entrepreneurs found being ‘‘probusiness’’ is not the same as say ‘‘I am for you.’’ And some politi- that 93 percent came from middle-in- being ‘‘promarket.’’ All too often, the cians don’t like to say ‘‘I am for every- come or lower income backgrounds. Obama administration has embraced body’’ because that would imply they The survey notes that entrepreneur- spending policies and regulations that are for people who are very successful. ship did not run in the family for these favor certain businesses but are fun- Well, why shouldn’t we be for people people. Quoting from the survey: damentally antimarket. If a Federal who are very successful? They are The majority were the first in their fami- policy is probusiness but antimarket, probably people who have accumulated lies to launch a business. it is most likely an example of crony wealth because of something they have A Treasury Department study on in- capitalism. accomplished in life—usually by study- come and mobility in America found The irony here is remarkable. Even ing hard, working hard, sometimes by during the 10-year period starting in though President Obama tours the creating some special kind of product. 1996, roughly half of the taxpayers who country advertising himself as the de- Take Bill Gates or Steve Jobs. They started in the bottom 20 percent had fender of the little guy and a guardian were smart people who created some- moved up to a higher income group by of the middle class, he has consistently thing people wanted and were willing 2005. Similarly, people in the top in- embraced policies that promote crony to buy, and they got very wealthy become group dropped to lower groups, capitalism. cause of that. Is that bad? Bill Gates thus making way for others to move That is not the type of capitalism has created a foundation, and he and up. The point is there is no such thing that made this country so prosperous, his wife have contributed more to char- as a permanent middle class or any and it is not the type of capitalism the ity than probably any other thousand other class in America. American people support. Citizens people you can name. That is a good There are other measures of income across this country are eager for poli- thing. They have created more jobs mobility. As columnist Robert Samuel- cies that promote free markets and than many other people in this country son noted, one litmus test for mobility equal opportunities for all businesses, have. They have created products that in America is whether people rise all industries, all entrepreneurs, all have enabled us to lead much better above their parents economically, and people. Those are the principles upon lives. The same thing is true of Steve this happens frequently. Citing a new which our country was founded. Ameri- Jobs and thousands and thousands of report from the Pew Mobility Project, cans firmly reject the idea that certain other entrepreneurs. So there is noth- he notes that 84 percent of Americans companies and industries should re- ing wrong with being successful, being exceed their parents’ income at a simi- ceive preferential treatment for polit- rewarded for that, because most likely lar stage in life. Income gains were ical or ideological reasons. Centuries of it has given many other people an op- ‘‘sizable across the economic spec- evidence from around the world dem- portunity. trum,’’ he writes. Indeed, in the bottom onstrates crony capitalism leads to There was a recent editorial in the fifth of income earners, median income corruption, a decline of social trust, Wall Street Journal that talked about grew by 74 percent over just this dec- and economic stagnation. That is cer- the Chicago Bulls and Michael Jordan. ade. tainly not the future Americans want. The article noted they weren’t a very While income mobility has slowed Instead of policies that favor politi- impressive team before Michael Jordan during this economic downturn, the cally connected entities and take even came and the team wasn’t making very overarching point is that nobody in more money from successful Ameri- much money and neither were any of America is stuck where they are be- cans, let’s clear the way for more op- the players. When Michael Jordan cause of a ruling class of greedy portunity and mobility in a true free came, after he established how great he wealthy people. market system. Higher taxes and more would be, he was given an enormous, Here is my third point: To borrow a government are not the answers. We almost unheard-of salary. Did the phrase from Congressman PAUL RYAN, should not make it more difficult for other players say: That is not fair? No. the real class threat is a class of bu- Americans to get ahead. Actually, all the other players got big reaucrats and crony capitalists using We should certainly not believe salary increases too—nothing like Mi- their government connections to try to Americans are to be distinguished by chael Jordan, but they got huge salary rig the rules and rise above everyone their income in any given year or be increases. Why? Because he made the else. presumed to have different values or team better and it began to succeed One example is ObamaCare. Recently value because of that. To say America and, eventually—you all know the released documents show that industry has a middle class presumes we have a story—the world championships, the lobbyists and Democrats worked very lower class or an upper class. Think whole franchise did well—the people closely in drafting ObamaCare. After it about it. You can’t have a middle with- selling popcorn in the stands, the peo- became law, the Department of Health out something on either side. Is it true ple parking the cars, and certainly and Human Services granted approxi- we have a lower class and a middle every one of the members of the team mately 1,700 temporary waivers from class and an upper class? Some Ameri- made much more money than they ever the new annual limit requirements of cans are better off financially than would have had Michael Jordan not the law. When the Federal Government others. That is certainly true. But that come to the team. But Michael Jordan is handing out lucrative favors, it is is no basis for dividing us into arbi- still made many times more than any easy to predict what will happen. Com- trary classes to favor one over another. of them did. panies hire armies of lobbyists and po- My guess is that all this talk about This is a point President John Ken- litically connected organizations—in class, while it has a tendency to divide nedy made when he talked about reduc- this case, primarily, labor unions—will Americans, is more about trying to ing the tax rates in the country on get special treatment. And that is ex- identify with the common man, and business—on capital gains—so that actly what happened here. that is something all politicians try to businesses could create more wealth so It is not just ObamaCare. Cap-and- do. ‘‘I am just like you. I am just like they could do what? They could grow trade would have enriched politically the average guy.’’ Abraham Lincoln and hire more people. He said a rising

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.016 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5243 tide lifts all boats. If the economy is middle income group the next year, be debating. What will make our coun- doing well, if we have wealthy people and maybe 10 years later in a higher in- try better both in economic terms and who are doing well, we have less come group. Has that individual’s val- in all of the other terms that define us wealthy who will also do better. ues changed? No. Americans are Ameri- as a society? That is what America has always cans, and it doesn’t matter how much I hope that as the campaign goes on, been about. We don’t take it away from money we make in a given year. What we will focus a lot more on what we the person who makes a lot of money. matters is that as a country we have hold in common, that we share, and Maybe it is because they are lucky found a degree of success that others that we can do better with, rather than with a God-given talent they have or can only dream of because we create those that divide us and especially that their good looks and their acting abil- opportunity for everyone to succeed, divide us in political terms. ity. Whatever it is, those people gen- and we teach that to our kids. Mr. President, I suggest the absence erally participate in activities that I think it is destructive for the leader of a quorum. create wealth for others as well. They of the country, the President, to be The ACTING PRESIDENT pro tem- also create products or services or even suggesting something else—that you pore. The clerk will call the roll. entertainment we enjoy. So Americans should consider what class you are in The assistant legislative clerk pro- don’t look askance at these people. We in this country: If you are middle class, ceeded to call the roll. celebrate them. We are happy for their that is great, I am for you. Well, what Mr. DURBIN. Mr. President, I ask success. Frequently it helps us too, be- about the other classes, and what unanimous consent that the order for sides which they pay a lot of taxes. about the person who is middle class the quorum call be rescinded. Likewise, for those people who are today under the President’s definition The PRESIDING OFFICER (Mr. less fortunate, I don’t know of any pol- but wasn’t yesterday and might not be MANCHIN). Without objection, it is so itician who wants to talk about the tomorrow? ordered. lower class. That almost is a pejorative I just think the whole discussion of AURORA, COLORADO SHOOTINGS term. It is as though these are lesser class is wrong. It is not what we do Mr. DURBIN. Mr. President, the hor- people. Well, the reality is maybe it is here in America. You can divide people rific shooting that happened last week somebody down on his or her luck. for statistical purposes into income in Aurora, CO has shocked our Nation. Maybe it is somebody just starting out levels, into wealth levels, into levels of Our hearts and our prayers go out to so they are not making as much money education. We divide ourselves for sta- the victims, to their loved ones, and to as somebody who has been in business tistical reasons into all kinds of cat- all those whose lives have been forever a lot longer. Maybe it is a student, for egories, but at the end of the day, we marred by this tragedy. Twelve have example, or somebody who suffered don’t suggest that one group has dif- died, and 58 more have been injured, misfortune, somebody who doesn’t ferent values than the other or that many seriously. have a good education, or maybe a re- one is better than the other one. And I We certainly give thanks to the first cent immigrant to the country. There think that is the pernicious effect of responders and to the medical per- is nothing lesser about those people. the President’s rhetoric—constantly sonnel who responded so quickly and so We are all Americans. They may be in talking about the middle class. I don’t capably. Most of all, we mourn those a lower income group, at least tempo- even know if I am in that group or not. who we have lost. rarily, but there is no reason to distin- Am I in the middle class? I make less Sadly, no state in our Union is im- guish between the people in that in- money than the President suggests mune to the horror of lives cut short come group and however the President identifies the wealthy, that is for sure, by violence. In my State of Illinois, defines the middle class. but I don’t think my values are any there have been too many lives lost, Why is the middle class more deserv- different or any better than those who too many families shattered, too many ing or special than people who don’t make less money or more money than children caught in the crossfire in my make as much money as those in the I do. In my view, money isn’t even the hometown of East St. Louis and some middle class? The point is, people are measure of what this should be all neighborhoods of Chicago. deserving all up and down the eco- about anyway. The tragic mass shooting in Aurora nomic ladder. It isn’t just about I hope that as the campaign goes on, has sent ripples of sadness and loss far money, anyway. The person who makes maybe we can focus a little bit more on beyond Colorado. For many people in an average income—who provides for what unites us rather than what di- Illinois, the scene last Friday was sick- his family, provides them a good home, vides us, on the values that I think we eningly familiar. A little over 4 years good tutelage as a parent, strong val- all subscribe to, and on the things that ago, a mentally disturbed gunman ues, maybe sends them off to college would make us a better country not walked into a lecture hall at Northern and helps them to prepare for their life just in economic terms but in other IL University in DeKalb, IL, and as a productive citizen—is just as im- terms as well. And if we are focused on opened fire. He killed 5 people, and in- portant as the wealthy person in this economic terms, then let’s focus on jured 21 more. We in Illinois know country. A teacher may not make those that will make us better off eco- something about the grief Coloradans much money but influences the lives of nomically: a better education, a better are feeling after last Friday’s mass thousands of young people to be better home environment, strong commu- shooting, and we grieve with them. citizens in this country—more edu- nities, a government that is willing to PETTY OFFICER JOHN LARIMER OF CRYSTAL cated—and that influence goes far be- help when that is necessary, and cer- LAKE, IL yond the salary the individual teacher tainly governmental policies that re- We were saddened to hear that a makes. So you can’t judge value by ward what? That reward education; young man from Illinois was among how much money someone makes, and that reward hard work; that reward those killed in Aurora. U.S. Navy PO3 you certainly can’t identify with one savings and investment; that reward John Larimer of Crystal Lake, IL, was class and say: That is the class I am entrepreneurship, people working to a fourth-generation Navy man. for. create something, to create a business; He joined the Navy last year and The President, in particular, rep- that reward job creation so that you trained at the Naval Station Great resents all Americans. He should be for don’t have a law like ObamaCare that Lakes near Chicago. He was a all Americans. And I don’t think there says: You are OK if you have 49 em- cryptologic technician. He was sta- is anything called middle class values ployees, but as soon as you have 50 em- tioned at Buckley Air Force Base in that are different from the values of ployees, then here are a whole bunch of Aurora, where he was assigned to the other people in this country. Tell me expensive burdens you are going to U.S. Fleet Cyber Command. Last week what is different about the values of have to take on—tax burdens, pen- Petty Officer Larimer went to the mov- someone who the President identifies alties, and regulations. That is not ies with his girlfriend, Julia Vojtsek, a as middle class? Does that mean mid- something that favors building a busi- nurse who grew up in Algonquin, Illi- dle income? If so, what income and ness beyond 49 employees. It doesn’t nois. When the shooting started, John what year? Because a person will be in favor job creation beyond 49 employees. Larimer shielded Julia’s body with his a lower income group one year, in a These are the kinds of issues we should own. Julia said that John ‘‘held my

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.017 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5244 CONGRESSIONAL RECORD — SENATE July 23, 2012 head, and protected my whole body I said to this woman outside our ceed to executive session to consider with his, and saved me.’’ John Larimer church: There was a big crowd sitting the following nomination which the was a brave man who died a hero. He in that church today, too. Just as in clerk will report. was 27 years old. that movie theater, we all thought we The assistant bill clerk read the His commanding officer, Commander were safe until this happened. nomination of Michael A. Shipp, of Jeffrey Jakuboski, said the following For today we pause, not to enter into New Jersey, to be United States Dis- of Larimer: a debate about these important issues, trict Judge for the District of New Jer- He was an outstanding shipmate. A valued which we must face, but to remember sey. member of our Navy team, he will be missed and honor those who died, to offer our Mr. LEAHY. Mr. President, I ask by all who knew him. condolences to those who were left be- unanimous consent that the cloture Over the weekend, John Larimer was hind, and to pray for the recovery of all motion be withdrawn and that the time remembered by friends and family for those who were wounded and those who be equally divided between now and the his intelligence, his good nature, his have suffered. We wish them comfort in hour of 5:30 in the usual form; that compassion, and his dedication to his this difficult time. upon the use or yielding back of time family, his community and his I yield the floor and suggest the ab- the Senate proceed to vote without in- country. sence of a quorum. tervening action or debate on the nom- Family members spoke of his ‘‘in- The PRESIDING OFFICER. The ination; that the motion to reconsider credible mind’’ and ‘‘quiet gentleness.’’ clerk will call the roll. be considered made and laid upon the John’s English teacher at Crystal Lake The assistant legislative clerk pro- table, with no intervening action or de- South High School remembered a good ceeded to call the roll. bate; that no further motions be in student who was ‘‘incredibly bright and Mr. REID. Mr. President, I ask unan- order; that any related statements be firm in his ideals.’’ He said John ‘‘was imous consent that the order for the printed in the RECORD; that the Presi- a good, strong human being . . . and I quorum call be rescinded. dent be immediately notified of the know he would have done incredible The PRESIDING OFFICER. Without Senate’s action and the Senate then re- things for our country.’’ To his high objection, it is so ordered. sume legislative session. school principal, John Larimer was Mr. REID. Mr. President, are we now The PRESIDING OFFICER. Without ‘‘just a great kid to be around.’’ on the motion to proceed to S. 3412? objection, it is so ordered. Whether it was giving a big tip to a The PRESIDING OFFICER. We are. Mr. LEAHY. Mr. President, I thank neighborhood kid who sold him a lem- CLOTURE MOTION the distinguished Presiding Officer, onade, or sending letters to the local Mr. REID. I have a cloture motion at distinguished by his service here in the newspaper calling for tolerance and re- the desk I wish to have reported. Senate but also as Governor of one of spect for the views of others, John The PRESIDING OFFICER. The clo- the most beautiful States in the Union. Larimer inspired those around him ture motion having been presented AURORA, COLORADO SHOOTINGS through the way he lived his life. And under rule XXII, the Chair directs the Before we begin—and so many others now he has inspired us with the way he clerk to read the motion. have said this—it would be impossible died, literally sacrificing his life to The assistant bill clerk read as fol- to state the amount of horror and sad- save another. lows: ness felt by my wife Marcelle and me His passing is a heartbreaking loss to CLOTURE MOTION at the news of what happened in Colo- the community of Crystal Lake, to Illi- We, the undersigned Senators, in accord- rado, and I was reminded again today nois, and to our country. I offer my ance with the provisions of rule XXII of the as I saw the flags lowered to half staff condolences to John’s parents, his Standing Rules of the Senate, hereby move on this Capitol Building. We think of to bring to a close debate on the motion to the Capitol as being a bastion of de- brother and his three sisters. All of us proceed to calendar No. 467, S. 3412, a bill to will keep John, his family and his amend the Internal Revenue Code of 1986 to mocracy or the light that sort of shines loved ones in our thoughts and prayers. provide tax relief to middle class families. for the rest of the world on what de- A night out at the movies is supposed Harry Reid, Max Baucus, Tom Udall, mocracy is. Unfortunately, so much of to be a joyful event. That it could end Debbie Stabenow, Mark Begich, Shel- the world has seen the acts of a mad- in such a horrific scene reminds us how don Whitehouse, Carl Levin, Robert P. man. It is safe to say this is one thing precious and fragile life is. Casey, Jr., Tom Harkin, Tom Carper, that united every Senator of both par- In the days and weeks to come, we Christopher A. Coons, Barbara A. Mi- ties here. Our hearts go out not only to will learn more about what happened kulski, Jeff Merkley, Kirsten E. Gilli- those who have been injured, obviously brand, Daniel K. Inouye, Richard in Aurora and whether there was any Blumenthal, Mark R. Warner. to the families of those who have died, point at which this disturbed gunman and to the people in that wonderful Mr. REID. I ask unanimous consent could have been identified and stopped. community, because it is impossible There will inevitably be discussions that the mandatory quorum required for any one of us here to know how about whether we need to change any under rule XXII be waived. long or how hard that will hold in their The PRESIDING OFFICER. Without of our laws or policies. We owe it to the heart, the number of people who say, as objection, it is so ordered. victims and their loved ones to see that we all do: We just went to a movie. Any Mr. REID. I note the absence of a those debates are guided by an honest one of us has done that. Our children quorum. assessment of the facts, what it will go to movies, our grandchildren go to The PRESIDING OFFICER. The take to keep us safe in America, safe movies. You expect them to go, have a clerk will call the roll. from the gunman who walks into a The assistant bill clerk proceeded to good time, and come back, and enjoy classroom at Northern Illinois Univer- call the roll. it. The thought of what they saw there sity in DeKalb or the gunman who Mr. LEAHY. Mr. President, I ask is horrible. walks into a crowded theater in Aurora unanimous consent that the order for We have before us a Federal trial CO. the quorum call be rescinded. court nomination, that of Michael I came out of church yesterday, and The PRESIDING OFFICER. Without Shipp. This is a nomination that was a woman came up to me and said: They objection, it is so ordered. voted on by the Senate Judiciary Com- are talking about putting metal detec- mittee more than three months ago tors in movie theaters now. What is f and supported nearly unanimously by next? EXECUTIVE SESSION both Republican and Democratic Sen- I said, sadly: I am not sure. I don’t ators who have reviewed it. The only know where we will turn next to keep objection came as a protest vote from America safe from people who misuse NOMINATION OF MICHAEL A. Senator LEE. firearms, assault rifles, a 100-round clip SHIPP TO BE UNITED STATES Judge Michael Shipp has served as a of ammunition. DISTRICT JUDGE FOR THE DIS- U.S. Magistrate Judge in the District All of these things are raising ques- TRICT OF NEW JERSEY of New Jersey since 2007 and has pre- tions in the minds of everyone about The PRESIDING OFFICER. Under sided over civil and criminal matters where is it safe anymore. the previous order, the Senate will pro- and issued over 100 opinions. He is the

VerDate Mar 15 2010 01:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.022 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5245 first African-American United States confirmation of Judge Andre Davis of Jordan of Florida to the Eleventh Cir- Magistrate Judge in that district. Maryland to the Fourth Circuit, Judge cuit even though he was strongly sup- Prior to his appointment to the Fed- Henry Floyd of South Carolina to the ported by his Republican home state eral bench, he worked for the Office of Fourth Circuit, Judge Stephanie Senator. Every single one of these the Attorney General of New Jersey for Thacker of West Virginia to the Fourth nominees for whom the Majority Lead- five years, where he was Assistant At- Circuit, and Judge Jacqueline Nguyen er was forced to file cloture was rated torney General in charge of Consumer of California to the Ninth Circuit for unanimously well qualified by the non- Protection from 2003 to 2007 and Coun- five months. They delayed confirma- partisan ABA Standing Committee on sel to the Attorney General in 2007. tion of Judge Adalberto Jordan of Flor- the Federal Judiciary, the highest pos- From 1995 to 2003, Judge Shipp was an ida to the Eleventh Circuit, Judge Bev- sible rating. And every one of them was associate in the Newark office of the erly Martin of Georgia to the Eleventh nominated to fill a judicial emergency law firm Skadden, Arps. Upon gradua- Circuit, Judge Mary Murguia of Ari- vacancy. tion from law school, Judge Shipp zona to the Ninth Circuit, Judge Ber- In June, Senate Republicans con- clerked for Judge James Coleman on nice Donald of Tennessee to the Sixth firmed that they shut down the con- the New Jersey Supreme Court. Circuit, Judge Barbara Keenan of Vir- firmation process for qualified and con- Despite his outstanding qualifica- ginia to the Fourth Circuit, Judge sensus circuit court nominees. They tions and bipartisan support, Senate Thomas Vanaskie of Pennsylvania to are now filibustering Judge Patty Republicans have delayed his confirma- the Third Circuit, Judge Joseph Shwartz of New Jersey who is nomi- tion vote for more than three months. Greenaway of New Jersey to the Third nated to the Third Circuit and Richard Despite the fact that the Senate has fi- Circuit, Judge Denny Chin of New York Taranto who is nominated to the Fed- nally been allowed to consider his nom- to the Second Circuit, and Judge Chris eral Circuit. In addition, they are fili- ination and that he will be confirmed Droney of Connecticut to the Second bustering two circuit court nominees overwhelmingly, Senate Republicans Circuit for four months. They delayed who have the support of both their have again demonstrated their obstruc- confirmation of Judge Paul Watford of home state Republican Senators: Wil- tion of judicial nominees. This is not a California to the Ninth Circuit, Judge liam Kayatta of Maine to the First Cir- nominee on whom cloture should have Andrew Hurwitz of Arizona to the cuit and Judge Robert Bacharach of been filed. Ninth Circuit, Judge Morgan Christen Oklahoma to the Tenth Circuit. This is They refused until today to agree to of Alaska to the Ninth Circuit, Judge almost unprecedented. a vote on this nomination. That meant Stephen Higginson of Louisiana to the During the past five presidential that the Majority Leader was required Fifth Circuit, Judge Gerard Lynch of election years, Senate Democrats have to file a cloture petition to put an end New York to the Second Circuit, Judge never denied an up-or-down vote to any to their obstruction and partisan fili- Susan Carney of Connecticut to the circuit court nominee of a Republican buster. While I am pleased we are hold- Second Circuit, and Judge Kathleen President who received bipartisan sup- ing a confirmation vote today, it O’Malley of Ohio to the Federal Circuit port in the Judiciary Committee. In should not have required that the Ma- for three months. fact, during the last 20 years, only four jority Leader file for cloture. As a current report from the non- circuit nominees reported with bipar- This was the 29th time the Majority partisan Congressional Research Serv- tisan support have been denied an up- Leader had been forced to file for clo- ice confirms, the median time circuit or-down vote by the Senate and all four ture to end a Republican filibuster and nominees have had to wait before a were nominated by President Clinton get an up-or-down vote for one of Presi- Senate vote has skyrocketed from 18 and blocked by Senate Republicans. dent Obama’s judicial nominees. By days for President Bush’s nominees to While Senate Democrats have been comparison, during the entire eight 132 days for President Obama’s. This is willing to work with Republican presi- years that President Bush was in of- the result of Republican foot dragging dents to confirm circuit court nomi- fice, cloture was filed in connection and obstruction. In most cases, Senate nees with bipartisan support, Senate with 18 of his judicial nominees, most Republicans are delaying and stalling Republicans have repeatedly ob- of whom were opposed on their merits for no good reason. How else do you ex- structed the nominees of Democratic as extreme ideologues. plain the filibuster of the nomination presidents. In the previous five presi- Senate Republicans used to insist of Judge Barbara Keenan of Virginia to dential election years, a total of 13 cir- that filibustering of judicial nomina- the Fourth Circuit who was ultimately cuit court nominees have been con- tions was unconstitutional. The Con- confirmed 99–0? And how else do you firmed after June 1. Not surprisingly, stitution has not changed but as soon explain the needless stalling and ob- 12 of the 13 were Republican nominees. as President Obama was elected they struction of Judge Denny Chin of New Clearly, this is not tit-for-tat as some reversed course and filibustered Presi- York to the Second Circuit, who was contend but, rather, a one-way street dent Obama’s very first judicial nomi- filibustered for four months before he in favor of Republican presidents’ nation. Judge David Hamilton of Indi- was confirmed 98–0? nominees. ana was a widely-respected 15-year vet- Three of the five circuit court judges This entire year, the Senate has yet eran of the Federal bench nominated to finally confirmed this year after to vote on a single circuit court nomi- the Seventh Circuit and was supported months of unnecessary delays and a fil- nee who was nominated by President by Senator Dick Lugar, the longest- ibuster should have been confirmed Obama this year. Since 1980, the only serving Republican in the Senate. They last year. The other two circuit court presidential election year in which delayed his confirmation for five nominees confirmed this year were there were no circuit nominees con- months. Senate Republicans then pro- both subjected to stalling and a par- firmed who was nominated that year ceeded to obstruct and delay just about tisan filibuster by Senate Republicans. was in 1996, when Senate Republicans every circuit court nominee of this This was the case even though these shut down the process against Presi- President, filibustering nine of them. circuit nominees had strong bipartisan dent Clinton’s circuit nominees. They delayed confirmation of Judge support. We needed to overcome a fili- The nonpartisan Congressional Re- Albert Diaz of North Carolina to the buster to confirm Justice Andrew search Service has confirmed in its re- Fourth Circuit for 11 months. They de- Hurwitz of Arizona to the Ninth Circuit ports that judicial nominees continue layed confirmation of Judge Jane despite the strong support of his home to be confirmed in presidential election Stranch of Tennessee to the Sixth Cir- state Senators, Republicans JON KYL years—except it seems when there is a cuit for 10 months. They delayed con- and JOHN MCCAIN. The Majority Leader Democratic President. In five of the firmation of Judge Ray Lohier of New had to file cloture to secure an up-or- last eight presidential election years, York to the Second Circuit for seven down vote on Paul Watford of Cali- the Senate has confirmed at least 22 months. They delayed confirmation of fornia to the Ninth Circuit despite his circuit and district court nominees Judge Scott Matheson of Utah to the sterling credentials and bipartisan sup- after May 31. The notable exceptions Tenth Circuit and Judge James Wynn, port. The year started with the Major- were during the last years of President Jr. of North Carolina to the Fourth ity Leader having to file cloture to get Clinton’s two terms in 1996 and 2000 Circuit for six months. They delayed an up-or-down vote on Judge Adalberto when Senate Republicans would not

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.022 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5246 CONGRESSIONAL RECORD — SENATE July 23, 2012 allow confirmations to continue. The The fact that Republican stalling nominees of a Republican President third exception was in 1988, at the end tactics have meant that circuit court that had been reported by the Com- of President Reagan’s presidency, but nominees that should have been con- mittee that year. This year we have that was because vacancies were at 28. firmed in the spring—like Bill Kayatta, confirmed only two circuit court nomi- In comparison, vacancies at the end of Richard Taranto and Patty Shwartz— nees that have been reported by the the Clinton years stood at 75 at the end are still awaiting a vote is no excuse Committee this year, and both were of 1996 and 67 at the end of 2000. Other- for not moving forward this month to filibustered. By this date in 2004 the wise, it has been the rule rather than confirm these circuit nominees. Senate had already confirmed 32 of the exception. So, for example, accord- In an article dated July 16, 2012 enti- President Bush’s circuit court nomi- ing to CRS the Senate confirmed 32 tled ‘‘William Kayatta and the Need- nees, and we confirmed another three nominees in 1980; 28 in 1984; 31 in 1992; less Destruction of the Thurmond that year for a total of 35 circuit court 28 in 2004 at the end of President Rule,’’ Andrew Cohen of the Atlantic nominees in his first term. So far, the George W. Bush’s first term; and 22 states: Senate has only been allowed to con- after May 31 in 2008 at the end of Presi- In a more prudent and practical era in Sen- sider and confirm 30 of President dent Bush’s second term. So far this ate history, nominees like Kayatta would Obama’s circuit court nominees five year only 7 judicial nominees have have been confirmed in days . . . Now even fewer, 17 percent fewer while higher been allowed to be confirmed. slam-dunk candidates like Kayatta linger in numbers of vacancies remain, and yet It is ironic that certain Senate Re- the wings waiting for Senate ‘‘consent’’ long the Senate Republican leadership publicans are now arguing in support of after the body already has definitively ‘‘ad- wants to artificially shut down nomi- a distorted version of the Thurmond vised’’ the executive branch of how great it thinks the nominee would be as a judge. Can nations for no good reason. Rule, as if it had the force of law. After you imagine the uproar if the Senate ever As Chairman of this Committee, I all, it is Senate Republicans who have used its filibuster power to block the deploy- have also assiduously protected the repeatedly asserted that the Thurmond ment of troops already endorsed by the rights of the minority in the judicial Rule does not exist. For example, on Armed Services Committee? Now please tell nomination process. I have only pro- July 14, 2008, the Senate Republican me the material difference here. Surely, the ceeded with judicial nominations sup- caucus held a hearing solely dedicated judiciary needs judges as much as the army ported by both home state Senators. to arguing that the Thurmond Rule needs soldiers. That has meant that we are not able to does not exist. At that hearing, the I agree. We have outstanding nomi- proceed on current nominees from Ari- senior Senator from Kentucky stated: nees with the support of both Repub- zona, Georgia, Nevada and Louisiana. I ‘‘I think it’s clear that there is no lican home State senators. Yet, we even stopped proceedings on a circuit Thurmond Rule. And I think the facts cannot vote on these nominees because court nominee from Kansas when the demonstrate that.’’ Similarly, the Sen- Senate Republicans want to place poli- Kansas Republican Senators reversed ator from Iowa, my friend who is now tics over the needs of the American themselves and withdrew their support serving as Ranking Member of the Ju- people. for the nominee. Nor did I accede to diciary Committee, stated that the The Los Angeles Times recently pub- the Majority Leader’s request to push a Thurmond Rule was in his view ‘‘plain lished an editorial entitled ‘‘Reject the Nevada nominee through Committee bunk.’’ He said: ‘‘The reality is that ‘Thurmond Rule’ ’’ which concluded who did not have the blue slip of the the Senate has never stopped con- ‘‘the administration of justice state’s Republican Senator. In stark firming judicial nominees during the shouldn’t be held hostage to partisan contrast, it was Senate Republicans last few months of a president’s term.’’ politics even in an election year.’’ and the Republican chairman who bla- We did not in 2008 when we proceeded I ask unanimous consent that copies tantly disregarded Senate Judiciary to confirm 22 nominees over the second of the July 12 and 16 articles be printed procedure by proceeding with nomina- half of that year. That Senate Repub- in the RECORD at the conclusion of my tions despite the objection of both licans have objected to voting on the statement. home state Senators. And I have been nomination of Judge Shipp is a distor- The PRESIDING OFFICER. Without consistent. I hold hearings at the same tion of the Thurmond rule and shows objection, it is ordered. pace and under the same procedures the depths to which they have gone. (See exhibit 1.) whether the President nominating is a There is no good reason that the Sen- Mr. LEAHY. As both Chairman and Democrat or a Republican. Others can- ate should not vote on consensus nomi- Ranking Member of the Judiciary not say that. So those have been my nees like Judge Shipp and more than a Committee during the last several rules respect for minority rights, dozen other consensus judicial nomi- years, I have worked with Senate Re- transparency, deference to home state nees to fill Federal trial court vacan- publicans to consider judicial nominees Senators, consistent application of cies in Iowa, California, Utah, Con- well into presidential election years, I policies and practices, and allowing for necticut, Maryland, Florida, Okla- have made earnest efforts to make the confirmations well into presidential homa, Michigan, New York and Penn- confirmation process more transparent election years for nominees with bipar- sylvania. There is no good reason the and fair, I have ensured that the Presi- tisan support. Senate should not vote on the nomina- dent consults with home state Sen- Personal attacks on me do nothing to tions of William Kayatta of Maine to ators before submitting a nominee, and help the American people who are the First Circuit, Judge Robert I have opened up the blue slip process seeking justice in our Federal courts. I Bacharach of Oklahoma to the Tenth to prevent abuses while continuing to am willing to defend my record but Circuit, Richard Taranto to the Fed- respect it. that is beside the point. The harm to eral Circuit and for that matter Judge In the last two presidential election the American people is what matters. Patty Shwartz of New Jersey to the years, we were able to bring the num- What the American people and the Third Circuit, who is supported by New ber of judicial vacancies down to the overburdened Federal courts need are Jersey’s Republican Governor. Each of lowest levels in the past 20 years. In qualified judges to administer justice these circuit court nominees has been 2004 at end of President Bush’s first in our Federal courts, not the perpet- rated unanimously well qualified by term, vacancies were reduced to 28 not uation of extended, numerous vacan- the nonpartisan ABA Standing Com- the 77 we have today. In 2008, in the cies. mittee on the Federal Judiciary, the last year of President Bush’s second The judicial vacancy rate remains al- highest possible rating. These should term, we again worked to fill vacancies most twice what it was at this point in not be controversial nominees. They and got them down to 34, less than half the first term of President Bush. I wish are qualified and should be considered of what they are today. In 2004, 25 Senate Republicans would think more as consensus nominees and confirmed. nominees were confirmed between June about our responsibilities to the Amer- Senate Republicans are blocking con- and the presidential election, and in ican people than some warped sense of sent to vote on superbly qualified cir- 2008, 22 nominees were confirmed be- partisan score settling. Vacancies have cuit court nominees with strong bipar- tween June and the presidential elec- been near or above 80 for three years. tisan support. This is a new and dam- tion. Nearly one out of every 11 Federal aging application of the Thurmond In 2004, a Presidential election year, courts is currently vacant. Their shut- rule. the Senate confirmed five circuit court ting down confirmations for consensus

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Their vote by the Judiciary Committee ap- administration had led to the lowest proximately three months ago, the number of judicial confirmations in sense of being justified by some view of Senate was finally able to confirm more than 50 years. Only 12 of Presi- tit-for-tat is distorted and should be Judge Kevin McNulty to the District of dent Obama’s judicial nominations to beside the point while vacancies re- New Jersey. Despite vacancies still re- Federal circuit and district courts were main so high that the American people maining near or above 80, Senate Re- confirmed that whole year. The 12 were and our courts are overburdened. The publicans continue to obstruct and less than half of what we achieved dur- way Senate Democrats helped reduce stall nominees on the Senate floor for ing President Bush’s first tumultuous vacancies was not by limiting con- no good reason. We could easily have year. In the second half of 2001, a firmations to one nominee per week, as confirmed both Judges Shipp and Democratic Senate majority proceeded Senate Republicans have. In September McNulty together three months ago. It to confirm 28 judges. Despite the fact 2008, with Democrats in the majority, is this type of across-the-board ob- that President Obama began nomi- the Senate confirmed 10 of President struction of judicial nominees by Sen- nating judicial nominees two months Bush’s nominees in a single day, all by ate Republicans that has contributed earlier than President Bush, Senate voice vote. There were 10 consensus to the judicial vacancy crisis in our Republicans delayed and obstructed nominees pending on the Senate floor, Federal courts. them to yield an historic low in con- and we confirmed all of them in min- Last week, I spoke about the novel firmations. Republicans refused to utes. Likewise, in 2002, Senate Demo- excuses that some Senate Republicans agree to the consideration of qualified, crats joined in confirming 18 of Presi- have concocted for refusing to allow for noncontroversial nominees for weeks votes on nominees. One excuse was dent Bush’s nominees in a single day, and months. And as the Senate re- that having confirmed two Supreme again by voice vote. I wish Senate Re- cessed in December, only three of the Court justices, the Senate cannot be publicans would duplicate that prece- available 13 judicial nominations on expected to reach the 205 number of dent and help clear the logjam of judi- the Senate Executive Calendar were al- confirmations in President Bush’s first cial nominees dating back to March term. Work on two Supreme Court lowed to be considered. who are still awaiting up-or-down By contrast, in December 2001, the nominations did not stop the Senate votes. first year of President Bush’s adminis- from working to confirm 200 of Presi- tration, Senate Democrats proceeded While I am pleased that we will con- dent Clinton’s circuit and district to confirm 10 of his judicial nominees. firm Judge Shipp today, I wish that nominees in his first term. Similarly, At the end of the Senate’s 2001 session, Senate Republicans would help us con- there were two Supreme Court con- only four judicial nominations were firm the 20 additional judicial nomi- firmations in President George H.W. nees who can be confirmed right now. Bush’s term, and that did not prevent left on the Senate Executive Calendar, all of which were confirmed soon after Then we could make real progress in Senate Democrats who were in the giving our courts the judges they need Senate majority from confirming 192 of the Senate returned in 2002. By contrast, it took until May 2011, a year to provide justice for the American his circuit and district nominees, in- people, just as we did in 1992, 2004 and cluding 66 in the election year of 1992 and a half later, to complete action on 2008. alone. the judicial nominees who should have Last week we heard another self- been confirmed in December 2009 but After today’s vote, I hope Senate Re- serving misconception of more recent had to be renominated. Although non- publicans will reconsider their ill-con- history from the Republican side of the controversial, several were further de- ceived partisan strategy and work with aisle. They claimed that Democrats layed by filibusters before being con- us to meet the needs of the American were responsible for growing judicial firmed unanimously. The lack of Sen- people. With more than 75 judicial va- vacancies in 2008. The charge was as ate action on those 10 judicial nomi- cancies still burdening the American follows: ‘‘[A]t the beginning of 2008 nees in 2009 was attributable to Senate people and our Federal courts, there is there were 43 vacancies. So the prac- Republicans and no one else. Despite no justification for not proceeding to tice for Democrats who controlled the the fact that President Obama reached confirm the judicial nominees reported Senate during that last year of Presi- across the aisle to consult with Repub- with bipartisan support by the Judici- dent Bush’s term was to allow vacan- lican Senators, he was rewarded with ary Committee this year. cies to increase by more than 37 per- obstruction from the outset of his ad- Each day that Senate Republicans cent.’’ In fact, what we did in 2008 was ministration. While President Obama refuse because of their political agenda to reduce vacancies back down to 34 in moved beyond the judicial nominations October 2008 when the Senate recessed battles of the past and reached out to to confirm these qualified judicial for the year. The increase in vacancies work with Republicans and make nominees who have been reviewed and after October and through the remain- mainstream nominations, Senate Re- voted on by the Judiciary Committee der of 2008 was not because Senate publicans continued their tactics of is another day that a judge could have Democrats were obstructing Senate delay. been working to administer justice. votes on qualified judicial nominees For Senate Republicans to claim that Every week lost is another in which in- with bipartisan support as Senate Re- ‘‘only 13 [sic] judges were confirmed jured plaintiffs are having to wait to publicans are today. In November and during President Obama’s first year’’ recover the costs of medical expenses, December 2008 the Senate met on a few because of ‘‘decisions made by the Sen- lost wages, or other damages from days only to address the financial cri- ate Democratic leadership’’ and that it wrongdoing. Every month is another sis. There were no nominations pending was ‘‘the choice of Democrats’’ and drag on the economy as small business on the Calendar after the election in ‘‘not because of anything the Repub- owners have to wait to have their con- 2008. Their charge is fallacious. Judi- lican minority could do’’ is ludicrous. tract disputes resolved. Hardworking cial vacancies have not been as low as Senate Democrats had cleared for con- and hard-pressed Americans should not 34 or 43 or even the 55 that they stood firmation the other 10 judicial nomi- have to wait years to have their cases at when President Obama took office nees stalled by Republicans in 2009. decided. Just as it is with the economy for years. Due to Republican obstruc- Their assertion ignores the facts and and with jobs, the American people do tion, President Obama will be the first the truth. Just as they cannot escape not want to hear excuses about why President in 20 years to complete his responsibility for their unwillingness Republicans in Congress will not help first term with more judicial vacancies to move forward with the 21 judicial them. So let us do more to help the than when he took office. nominees ready for a final up-or down American people.

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EXHIBIT 1 have been confirmed in days. Fifty years resenting South Carolina, his segregationist [From theatlantic.com, July 16, 2012] ago, for example, when another bright Demo- candidacy for the presidency in 1948 and the cratic appointee with strong Republican sup- fact that even though he was a longtime op- WILLIAM KAYATTA AND THE NEEDLESS port came to the Senate seeking a judgeship, ponent of racial equality, he fathered a child DESTRUCTION OF THE THURMOND RULE the Judiciary Committee took all of 11 min- with a black teenage housekeeper. But Thur- (By Andrew Cohen) utes before it endorsed him. Byron ‘‘Whiz- mond also lent his name to the so-called WHY DO REPUBLICAN LEADERS STILL PLAY zer’’ White then served the next 31 years as Thurmond Rule, according to which Senate ALONG WITH AN INFORMAL SENATE RULE THAT an associate justice of the United States Su- action on judicial confirmations is supposed PREVENTS UP-OR-DOWN VOTES ON EVEN THOSE preme Court. That’s wholly unthinkable to stop several months before a presidential JUDGES WHO HAVE STRONG REPUBLICAN SUP- today—even with lower federal court nomi- election. PORT? nees. The rule—actually a custom that sometimes has been honored in the breach—goes Meet William Kayatta, another one of Now even slam-dunk candidates like back to 1968, when Thurmond and other Re- America’s earnest, capable judges-in-wait- Kayatta linger in the wings waiting for Sen- publicans held up action on President John- ing. Widely respected in his home state of ate ‘‘consent’’ long after the body already son’s nomination of Abe Fortas to be chief Maine, nominated by President Obama in has definitively ‘‘advised’’ the executive justice of the United States. Fortas with- January to fill a vacancy on the 1st U.S. Cir- branch of how great it thinks the nominee drew in the face of a filibuster, and President cuit Court of Appeals, eagerly endorsed by would be as a judge. Can you imagine the up- Nixon, the Republican victor in the 1968 elec- both of Maine’s Republican senators, passed roar if the Senate ever used its filibuster power to block the deployment of troops al- tion, was able to choose a successor to the for confirmation to the Senate floor by an retiring Earl Warren. In subsequent years, easy voice vote in the Senate Judiciary Com- ready endorsed by the Armed Services Com- mittee? Now please tell me the material dif- senators of both parties have cited the Thur- mittee, Kayatta’s nomination instead has mond/Fortas episode as a precedent for not become yet another victim of the Senate ference here. Surely, the judiciary needs judges as much as the army needs soldiers. acting on judicial nominations close to an GOP’s suicidal tendencies. election. The litigants of the 1st Circuit need There are currently 76 judicial vacancies around the country. There are 31 districts Even in the case of a Supreme Court ap- Kayatta. There are no serious arguments pointment, the Thurmond Rule violates the against him. Yet the Republican leadership and circuits designated as ‘‘judicial emergencies’’ because vacancies there have lin- spirit of the Constitution, which doesn’t dis- in the Senate has blocked a vote on the mer- tinguish between nominations made earlier its of his nomination in obedience to the so- gered so long. In the 10th Circuit, what’s happening to Kayatta is happening to Robert or later in a president’s term. It is less defen- called ‘‘Thurmond Rule,’’ an informal prac- sible still in connection with nominations to tice as self-destructive as was its namesake. Bacharach, who has the support of Okla- homa’s two Republican senators. The Senate lower courts. Yet Senate Minority Leader The Thurmond Rule is typically invoked by Mitch McConnell (R–Ky.) told colleagues last also is blocking Richard Taranto from a Fed- the opposition party in a presidential elec- month that he was immediately invoking eral Circuit spot even though he breezed tion year to preclude substantive votes on the rule to end nominations to the U.S. through the Judiciary Committee and has federal judicial appointments within six Court of Appeals, and would block confirma- been endorsed by Robert Bork and Paul months of Election Day. It is the Senate’s tion votes on nominees to federal district Clement. The same goes for Patty Shwartz version of a sit-down strike. courts after September. In April, just after the Judiciary Com- in the 3rd Circuit. Such delays are a disservice to the nomi- This is unacceptable on every level. When mittee favorably passed along Kayatta’s nees and to an overburdened federal judici- nomination to the Senate floor for confirma- we talk about ‘‘false equivalence’’ in modern ary. At present there are 12 vacancies on fed- tion, Maine’s junior senator, Susan Collins, politics the business of these judges should eral appeals courts, 63 on district courts and had wonderful things to say about the nomi- be the lede. These nominations require no two on the U.S. Court of International nee: great policy choices on the part of Congress. Trade. The Obama administration, although Bill is an attorney of exceptional intel- They don’t come with thousands of pages of it has been slow to fill vacancies, currently ligence, extensive experience, and dem- ambiguous legalese disguised as the lan- is proposing seven candidates for the appeals onstrated integrity, who is very highly re- guage of a federal statute. There is no room court and 28 for the district courts. The Sen- spected in the Maine legal community. Bill’s for spin. These nominees are either qualified, ate should hold up-or-down votes on these impressive background makes him emi- or they aren’t, and when they sail out of the nominations and any others put forward in nently qualified for a seat on the First Cir- Judiciary Committee with voice votes no the near future. cuit. His thirty-plus years of real world liti- one can plausibly say they aren’t qualified. Apart from the Thurmond Rule, the timely And yet here we are. It would be conven- gation experience would bring a much-need- confirmation of judicial nominees has long ient to blame Strom Thurmond, one of the ed perspective to the court. Maine has a long been frustrated by petty partisanship. Demo- most divisive politicians of the 20th century, proud history of supplying superb jurists to crats and Republicans share the blame. The for one of the Senate’s most divisive rules. the federal bench. I know that, if confirmed, most recent logjam was broken in March But Thurmond is long gone. And there was Mr. Kayatta will continue in that tradition. when Republicans agreed to timely votes on never anything about his rule that demanded I urge the full Senate to approve his nomina- 14 nominations. it be followed, session after session, under tion as soon as possible. Obviously Republicans hope that Barack both Democratic and Republican control. And how did her fellow Republicans re- Obama is a lame-duck president, but even Just because Strom Thurmond was willing spond to her request? They blew her off. lame-ducks are entitled to expeditious con- to jump the Senate off the bridge, in other There has been no vote on Kayatta’s nomina- sideration of their nominations. And the ad- words, doesn’t mean that today’s Senate Re- ministration of justice shouldn’t be held hos- tion and none is scheduled. Instead, last publican leaders had to do likewise. But they tage to partisan politics even in an election month, Sen. Mitch McConnell, the Senate have. year. Minority Leader, invoked the ‘‘Thurmond America has trouble enough today without rule’’ to block floor consideration of appoint- Mr. President, I see the distinguished a senseless Senate rule that blocks highly ment—as well as up-or-down votes on the senior Senator from New Jersey on the skilled, highly competent public servants rest of President Obama’s federal appellate from joining government. The nation’s liti- floor. If he seeks the floor, I will yield nominees (This in turn, initially prompted gants in federal court, burdened by judicial to him; otherwise, I suggest the ab- Sen. Collins to blame the Obama Adminis- vacancies, already are waiting long enough sence of a quorum. tration for going too slow in nominating to have their corporate disputes decided. The PRESIDING OFFICER. The Kayatta in the first place.) This isn’t gridlock. This is destruction. ‘‘I clerk will call the roll. In theory, the Thurmond Rule is some- think it’s stupid’’ to block good judges from The assistant legislative clerk pro- thing official Washington defends as the confirmation, Sen. Tom Coburn said earlier ceeded to call the roll. price of divided government. In reality, it’s this year. For once, he is right. And Sen. another outrageous example of how the Sen- Mr. LAUTENBERG. Mr. President, I Collins? Even she’s come around. ‘‘I have ate has re-written the Constitution by fili- ask unanimous consent that the order urged my colleagues on both sides of the buster. In practice, in the Kayatta case and for the quorum call be rescinded. aisle to give Bill the direct vote by the full many more, the Thurmond rule is the an- The PRESIDING OFFICER. Without Senate that he deserves,’’ she said late last tithesis of good governance. Your Senate objection, it is so ordered. month. Amen to that. today perpetuates a frivolous rule which, for Mr. LAUTENBERG. Mr. President, I the most cynical political reasons, blocks [From the Los Angeles Times, July 12, 2012] thank the chairman of the Judiciary qualified people from serving their nation. Committee who always has things of REJECT THE ‘‘THURMOND RULE’’ It’s not misfeasance. It’s malfeasance. relevance to talk to us about and he SENATE MINORITY LEADER MITCH MCCONNELL Just because Strom Thurmond was willing has done that again today and we to jump the Senate off the bridge doesn’t INVOKES THE LEGACY OF STROM THURMOND mean that today’s Senate Republican leaders TO HOLD UP JUDICIAL CONFIRMATIONS—IT’S thank the chairman. had to do likewise. BAD FOR JUDGES AND BAD FOR JUSTICE SHOOTING IN AURORA, CO In a more prudent and practical era in Sen- The late Strom Thurmond is best known Mr. President, I do plan on talking ate history, nominees like Kayatta would for his 48 years in the U.S. Senate rep- about a confirmation vote coming up

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What do we do James H. Coleman, Jr. He then served pressive credentials. besides feel sad and see a gloom hang- in the office of New Jersey’s attorney I recommended Judge Shipp to Presi- ing over our country? What do we do general, where he developed not only a dent Obama, and I urge all my col- about this? What do we want to do to thorough legal expertise but also real leagues in the Senate to support his prevent it in the future? That will be leadership acumen. As counsel to the nomination, as the Judiciary Com- the test of the general character of this attorney general, he oversaw 10,000 em- mittee did. body and others in government. ployees, including 800 attorneys. For With almost 5 years’ experience as a So many promising young lives were more than a decade, Judge Shipp has Federal magistrate judge for the Dis- lost, changed forever. We see pictures taught our State’s students as an ad- trict of New Jersey, he is well prepared of those who lost a loved one in our junct law professor at Seton Hall Uni- to assume a seat as a Federal district newspapers. It is heartbreaking just to versity. judge. As a magistrate, he has success- look at those pictures. What I sense Since 2007, he has served our city and fully managed significant and complex from my visits around New Jersey our Nation as a U.S. magistrate judge cases. On occasion, he has served as the today and over the weekend is a cer- in the district court. In this capacity, district court judge in cases with mag- tain kinship one feels with the people he has conducted proceedings in both istrate jurisdiction. who are mourning the loss of a child— civil and criminal cases and has in- The first 8 years of his distinguished an 8-year-old—or a daughter or son, cluded rulings on motions, issuing rec- legal career were spent in the litiga- husband or wife. One feels a certain ommendations to district court judges, tion department at the law firm of kinship. One can feel the sadness and it and performing district court judge du- Skadden, Arps, Slate, Meagher & Flom. is depressing, and it is not the kind of ties in cases with magistrate jurisdic- In 2003, he turned to public service to characterization we would like to see tion. With this experience, Judge Shipp give something back to the community for the United States and the young is going to be well prepared to serve on as an assistant attorney general for lives lost forever. the district court. consumer protection in the Office of But our duty in this body is not sim- The law, our constitution, are the the Attorney General of New Jersey, ply to mourn and offer our condo- greatest denominators of our democ- where he honed his expertise in con- lences. We want to do that. We want racy, and the judges are the faithful sumer fraud, insurance fraud, and secu- those families who lost someone to un- stewards to protect these precious rities fraud cases. derstand that we, in some strange way, guidelines of our society. That is why, Judge Shipp clearly excelled. He was join them in their mourning, but the as a Senator, I consider it a sacred twice promoted within the office, first best way to prove our sadness, the best duty, given by the Constitution, to as a liaison to the attorney general and way to prove we care is to take action carefully select judicial nominees and second as counsel to the attorney gen- to protect young, innocent lives. On to provide the President with advice eral. As counsel, he was in charge, in that score, we don’t rank very high. and consent. essence, of day-to-day operations of the I remember so clearly the time in Our faith in the legal system depends Department of Law and Public Safety, 1999 the pictures of young people at a on the just application of the law as it a department with over 10,000 employ- high school, hanging out the window, is soundly written law. Judge Shipp ees and 800 attorneys. imploring for help, imploring to be has served New Jersey extraordinarily An accomplished jurist, an experi- saved, heartbroken at what they were well, he is eminently qualified, and his enced prosecutor, a dedicated public seeing and what they were feeling. So broad experience will prepare him well servant, and an effective administrator we have to do something more. for his new role. I have no doubt he will and manager as well, that is Michael The gun laws on the books are out- continue his excellence as a judge on Shipp. It is what all of us in New Jer- dated, and we even have let key protec- the U.S. district court. sey have known him to be. tions expire. It is tragic. In the coming The success of our democracy de- Judge Shipp has not stayed on the days, I am sure, some of my colleagues pends on all our citizens receiving sidelines. Even with a full plate, he has and I will be discussing specific meas- equal and just representation before been deeply involved in the legal com- ures, commonsense measures, because the law. As leaders in our judicial sys- munity in helping address the profes- when it comes to our gun laws, we need tem, judges hold that equality and jus- sion’s needs and concerns. He held a to act before another outburst of gun tice in their hands. It means they must leadership role with the New Jersey violence overtakes us with the terrible be fair-minded, honorable, and humble. State Bar Association and is actively consequences that brings. I am confident Judge Shipp is going to involved with the Garden State Bar As- Around here we have opportunities to make a terrific judge. He is highly sociation, which is the association of do great things, and I have one of qualified to meet this challenge, and I African-American lawyers. those, I believe, today—an opportunity urge my colleagues to support this con- As a faculty member of Seton Hall that I take with great pleasure—to firmation. University’s School of Law’s Summer come to the floor to strongly endorse With that, I yield the floor. Institute for Pre-Legal Studies, he Judge Michael Shipp for a position on The PRESIDING OFFICER. The Sen- helped disadvantaged students develop the U.S. District Court for the District ator from New Jersey. their interest in the law, and he served of New Jersey. Mr. MENENDEZ. Mr. President, I ask on the faculty of the New Jersey Attor- Judge Shipp brings an impressive unanimous consent that I be recog- ney General’s Advocacy Institute, background to the bench. To start, he nized for 4 minutes; that following my which ensures that attorneys rep- was born in Paterson, NJ, as was I. It 4 minutes, the distinguished Senator resenting the State of New Jersey is a city of significant poverty and dif- from Iowa, the ranking member of the maintain the highest possible levels of ficulty, but he rose from humble begin- Judiciary Committee, be recognized for professionalism. nings in Paterson to graduate from 6 minutes. Judge Shipp is also a very proud New Rutgers University and Seton Hall Law The PRESIDING OFFICER. Without Jerseyan—part of the community— School, two of New Jersey’s fine edu- objection, it is so ordered. with deep roots in the State. A native cational institutions. Mr. MENENDEZ. Mr. President, I of Paterson, he grew up and has lived Judge Shipp has dedicated his career rise to strongly support the nomina- in New Jersey all his life. He earned his to our justice system, and he spent tion of Judge Michael Shipp for the degrees from Rutgers, the State uni- much of it in public service. I learned U.S. District Court for the District of versity, and Seton Hall University so much about him in my meeting with New Jersey. School of Law. After graduating, he

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The fact is we have con- possesses an excellent judicial tem- on the Senate floor. firmed over 78 percent of President perament, has extraordinary legal ex- Time after time the majority uses Obama’s district nominees. At this perience, and a deep and abiding com- parliamentary procedure to prohibit point in his Presidency, 75 percent of mitment to the rule of law. amendments, block votes, and deny or President Bush’s nominees had been I have full confidence he will serve limit debate. For example, last Thurs- confirmed. President Obama, in other the people of New Jersey and the coun- day the Republican leader asked the words, is running ahead of President try with all the dignity, fairness, and majority leader if the anticipated busi- Bush on district confirmations as a honor he has shown throughout his ex- ness coming before the Senate, the Sta- percentage. traordinary career. We are lucky to benow-Obama campaign tax bill, would I continue to hear some of my col- have a nominee of his caliber, and I be open for amendment. The majority leagues repeatedly ask the question: wholeheartedly urge the full Senate to leader responded that would be ‘‘very What is different about this President vote to confirm Judge Shipp to the Dis- doubtful.’’ These actions, although that he is to be treated differently than trict of New Jersey. they may be permitted by Senate rules, all of these other Presidents? I won’t I am thrilled we are actually going to are contrary to the spirit of the Sen- speculate as to any inference that do a confirmation vote and not a clo- ate. might be intended by that question, ture vote and I appreciate those who Certainly we are far from being the but I can tell you that this President is made that possible. world’s greatest deliberative body at not being treated differently than pre- With that, I yield the floor to my dis- this time. So when a Senator who vious Presidents. By any objective tinguished colleague from Iowa. seeks a vote on his amendment is sty- measure, this President has been treat- The PRESIDING OFFICER. The Sen- mied time after time, it is not sur- ed fairly and consistently with past ator from Iowa. prising that the Senator would use Senate practices. RECOGNIZING TAYLOR MORRIS Senator rules and procedures to bring As I stated, as a percentage of nomi- Mr. GRASSLEY. Mr. President, when pressure on the majority leader for a nations, this President is running my colleagues come over to vote, I vote—in other words, to do exactly ahead of the previous President with hope they will take note of a con- what the Senate was set up under the regard to the number of confirmations. stituent of mine and wish him well. Constitution to do. There is a bit of sad Let me put that in perspective for my Taylor Morris, a Navy wounded per- irony that Senators who are facing ob- colleagues with an apples-to-apples son from Afghanistan, who is an explo- structionism are the ones who are la- comparison. As I mentioned, we have sives expert, lost parts of four limbs. beled obstructionist when they are per- confirmed 153 district and circuit He is at the bottom of the escalator as sistent in trying to bring a matter to a nominees of this President. We have you go to the subway. He is one of our vote, which is customary in the Sen- also confirmed two Supreme Court wounded heroes, and I would like to ate. nominees. Everyone understands that have my colleagues recognize him. Unfortunately, we are now seeing the Supreme Court nominations take a AURORA, COLORADO SHOOTINGS this obstructionism strategy creep into great deal of committee time. The last Mr. GRASSLEY. Mr. President, it committee activity as well. Again, last time the Senate confirmed two Su- was a very sad weekend and will be for Thursday the Judiciary Committee preme Court nominees was during a long period of time in Aurora, CO. I marked up an important national secu- President Bush’s second term, and dur- heard the remarks of the majority and rity bill. The bill was open to amending that term the Senate confirmed a minority leaders today expressing con- ment but apparently only amendments total of 119 district and circuit court dolence for the victims and their fami- the chairman agreed with. In the Judi- nominees. With Judge Shipp’s con- lies. I wish to associate myself with ciary Committee, we have a long- firmation today—which I support and those remarks and offer my condo- standing practice of voting up or down which I think will be confirmed almost lences to all the people of Aurora but on difficult, controversial issues. What unanimously—we will have confirmed particularly to those who have de- happened last week undermined the re- 35 more district and circuit court ceased family members and those who sponsibility of the committee to debate nominees for President Obama than we are hospitalized because of this tragic and address important issues—in this did for President Bush in similar cir- event that happened there. case, national security. The Judiciary cumstances. Mr. President, I support the nomina- Committee is a forum for these de- During the last Presidential election, tion of Michael A. Shipp to be U.S. dis- bates. 2008, the Senate confirmed a total of 28 trict judge for the District of New Jer- The bill that was on the agenda is judges—24 district and 4 circuit. This sey, currently serving as a U.S. mag- one of the few vehicles that will likely Presidential election year we have al- istrate and coming out of committee be passed before the end of the year, so ready exceeded those numbers. We on voice vote. I am not aware of any it was an important and appropriate have confirmed 5 circuit nominees, and controversy regarding this nominee, vehicle for addressing such issues once this will be the 27th district judge con- and I expect he will be confirmed with the chairman opened the amendment firmed. an overwhelming vote. process by adopting his own substitute Judge Shipp received his B.S. from There has been a bit of discussion re- amendment. Instead, the partisan grid- Rutgers University in 1987 and his J.D. garding whether the cloture vote that lock, driven by the majority leader’s from the Seton Hall University School had been scheduled on today’s nominee tactics to block amendments on the of Law in 1994. Upon graduation, he was some sort of escalation of Presi- Senate floor, has now spread to the clerked for the Honorable James H. dential election politics or an indica- committee level with made-up ger- Colman, Jr., a justice on the Supreme tion of a partisan fight over judicial maneness rules and tabling motions Court of New Jersey. After his clerk- confirmations. Those are raised as forced on amendments, some of which ship, Judge Shipp joined Skadden, speculation or misreading what is hap- had received bipartisan support from Arps, Slate, Meagher & Flom LLP as a pening in the Senate. The fact is that members of the Judiciary Committee litigation associate. There, he worked the cloture vote, which is now vitiated, in the past. The only conclusion that in general litigation matters, handling had nothing to do with the judicial can be drawn is that the Senate major- labor and employment work. He also confirmation process in general or this ity leadership wants to protect its developed an expertise in mass tort law nominee in particular. members at every step of the legisla- and products liability litigation. There is, unfortunately, an element tive process from having to make dif- In 2003, Judge Shipp became an as- of partisan gridlock that is affecting ficult votes, and the majority leader- sistant attorney general in charge of

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.027 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5251 consumer protection with the Depart- consent to the nomination of Michael LEGISLATIVE SESSION ment of Law and Public Safety of New A. Shipp, of New Jersey, to be United The PRESIDING OFFICER. Under Jersey. There, he managed five prac- States District Judge for the District the previous order, the Senate will re- tice groups: consumer fraud prosecu- of New Jersey. sume legislative session. tion, insurance fraud prosecution Mr. LEAHY. Mr. President, I ask for Mr. REID. I suggest the absence of a (civil), securities fraud prosecution, the yeas and nays. quorum. professional boards prosecution, and The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The debt recovery. He supervised approxi- sufficient second? There appears to be clerk will call the roll. mately 80 deputy attorneys general. In a sufficient second. The assistant legislative clerk pro- 2005, he was promoted to the Attorney The clerk will call the roll. ceeded to call the roll. General’s front office. There, he acted The assistant legislative clerk called Mr. CONRAD. Madam President, I as an advisor to the Attorney General the roll. ask unanimous consent that the order on sensitive legal matters related to Mr. DURBIN. I announce that the for the quorum call be rescinded. ethics and appointments. In 2007, Judge Shipp was appointed as Senator from Alaska (Mr. BEGICH), the The PRESIDING OFFICER. Without a United States magistrate judge for Senator from California (Mrs. BOXER), objection, it is so ordered. the District of New Jersey. As a mag- the Senator from Pennsylvania (Mr. f CASEY), the Senator from Iowa (Mr. istrate judge he presides over civil and MORNING BUSINESS criminal pre-trial proceedings. He also HARKIN), and the Senator from Colo- presides over civil trials, with the con- rado (Mr. UDALL) are necessarily ab- Mr. CONRAD. Madam President, I sent of the parties. The ABA Standing sent. ask unanimous consent that the Sen- Committee on the Federal Judiciary I further announce that, if present ate proceed to a period of morning gave Judge Shipp a rating of substan- and voting, the Senator from Colorado business, with Senators permitted to tial majority ‘‘Qualified,’’ minority (Mr. UDALL) would have voted ‘‘yea.’’ speak therein for up to 10 minutes ‘‘Not Qualified.’’ Mr. KYL. The following Senators are each. Mr. LEAHY. Mr. President, I ask necessarily absent: the Senator from The PRESIDING OFFICER. Without unanimous consent to speak for 1 South Carolina (Mr. DEMINT), the Sen- objection, it is so ordered. minute. ator from Utah (Mr. HATCH), and the f Mr. GRASSLEY. I ask unanimous Senator from Illinois (Mr. KIRK). consent to have 1 minute, then, too. Further, if present and voting, the TRIBUTE TO LARRY CORUM Mr. LEAHY. I have no objection. In Senator from Utah (Mr. HATCH) would Mr. MCCONNELL. Madam President, fact, I will give a courtesy to the Sen- have voted ‘‘yea.’’ I come before the Senate to recognize ator from Iowa that he did not give to The PRESIDING OFFICER (Mrs. the entrepreneurial spirit of Mr. Larry me, and I will be happy to yield 1 HAGAN). Are there any other Senators Corum of London, KY. After serving in minute. in the Chamber desiring to vote? the United States military for over 20 The PRESIDING OFFICER. Is there The result was announced—yeas 91, years, in 1990 he opened a printing busi- objection? Without objection, it is so nays 1, as follows: ness and now is the manager of the ordered. [Rollcall Vote No. 182 Ex.] London-Corbin Airport. Both his eco- Mr. LEAHY. Usually, Mr. President, nomic leadership and steadfast service YEAS—91 it has been my experience that in 37 to Laurel County make him a valuable years in this Senate, as the second Akaka Graham Murray asset to the London community. most senior Member here, if a Senator Alexander Grassley Nelson (NE) Ayotte Hagan Born and raised in Clay County, KY, wants to come and attack another Sen- Nelson (FL) Barrasso Heller Paul upon his graduation from high school ator, they have the courtesy of giving Baucus Hoeven Portman in 1958, Larry attended Sue Bennett him notice before they do. I am sorry Bennet Hutchison Pryor Bingaman Inhofe College and Eastern Kentucky Univer- my friend from Iowa didn’t follow the Reed sity. After graduating from EKU in Blumenthal Inouye Reid normal courtesy. Blunt Isakson Risch 1965, he joined the U.S. Air Force and The PRESIDING OFFICER. The Sen- Boozman Johanns Roberts became an officer. While in his first Brown (MA) Johnson (SD) ator from Iowa. Rockefeller years of service, Larry married his Mr. GRASSLEY. Mr. President, for Brown (OH) Johnson (WI) Burr Kerry Rubio wife, Lois. Throughout his 20-year mili- my 1 minute I will respond simply to Sanders Cantwell Klobuchar tary career, the couple traveled around that by saying that I am talking about Cardin Kohl Schumer the country with their two children, the institution of the Senate and not Carper Kyl Sessions Shaheen Chris and Gienah. Finally in 1989, he one single Senator personally. Chambliss Landrieu Coats Lautenberg Shelby retired from the Air Force as a lieuten- Mr. LEAHY. Mr. President, how Coburn Leahy Snowe ant colonel and settled in London, KY. much time do I have remaining? Cochran Levin Stabenow The PRESIDING OFFICER. The Sen- Collins Lieberman Tester In 1990, Larry opened an American ator has 25 seconds. Conrad Lugar Thune Speedy Printing franchise in the Lon- Coons Manchin Mr. LEAHY. Mr. President, I yield to Toomey don Shopping Center. After acquiring Corker McCain Udall (NM) Durham Printing in 1998, the name of no Member of this body in the fact that Cornyn McCaskill Vitter I uphold not only the rules but the Crapo McConnell Warner the company changed to Allegra Print Durbin Menendez Webb and Imaging. In 2008, Larry left the courtesies of this Senate. As chairman Enzi Merkley Whitehouse business, entrusting his son, Chris, of the Senate Judiciary Committee, I Feinstein Mikulski Wicker have never cut off a Member of the Franken Moran with running the day-to-day business Wyden other party who wished to speak, un- Gillibrand Murkowski operations, and became manager of the like some of the procedures they fol- NAYS—1 London-Corbin airport, which is the sixth-largest airport in the State of lowed when they held the chair. I have Lee never refused to have a Member of the Kentucky. other party bring up an amendment, NOT VOTING—8 Larry has served on many boards in contrary to the procedures they fol- Begich DeMint Kirk the Laurel County area such as the Boxer Harkin Udall (CO) American Red Cross, the United Way, lowed when they chaired it. Casey Hatch I believe in the Senate. I believe in SCORE, the London-Corbin Airport, the rules of the Senate, but especially The nomination was confirmed. Saint Joseph-London, and the execu- I believe in the comity that Thomas The PRESIDING OFFICER. Under tive board of the Chamber of Com- Jefferson believed in, in this body; oth- the previous order, the motion to re- merce. His contribution to the London- erwise, the Senate would fall apart. consider is considered made and laid Laurel County Chamber of Commerce I yield the floor. upon the table, and the President will stemmed from a desire to grow the The PRESIDING OFFICER. The be immediately notified of the Senate’s community economically. Through the question is, Will the Senate advise and action. Chamber of Commerce, Larry was able

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.025 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5252 CONGRESSIONAL RECORD — SENATE July 23, 2012 to make an economic impact in London bon cutting in 1990. He was later invited to effectively operate the ship, to psy- and improve the lives of his fellow Ken- join the board of directors. In addition, he chology courses which allow him to un- tuckians. has served on the board of the American Red derstand his men and their attitudes in Today, it is my honor to recognize Cross, the United Way of Laurel County, different situations, a diverse edu- SCORE, London-Corbin airport, Saint Jo- Mr. Larry Corum for his contribution seph-London, and the executive board of the cational and experiential background to the Laurel County economy through Chamber. Larry is an active member, Sun- allows Commander Smith to lead his his own small business and his exten- day school teacher, and deacon of the First men effectively. sive service to the London-Laurel Baptist Church of London. It is my privilege today to recognize County Chamber of Commerce. His Larry believes that London and Laurel a Kentuckian who has truly devoted dedication to the community has made County is one of the best places in America his life to the service of this Nation. A London, KY, an attractive area in to bring up a family and grow a small busi- rising star in the U.S. Navy, CDR Jef- ness. He feels that the Chamber can and will which businesses can invest and grow. I help with growth and community improve- frey Smith has committed himself to ask my colleagues in the U.S. Senate ment. He is proud to be a member of this excellence and to proudly representing to join with me in celebrating Mr. community and the London-Laurel County the State of Kentucky. I ask my col- Larry Corum’s service to the greater Chamber of Commerce Executive Board. leagues in the U.S. Senate to join me Laurel County, KY, area. f in saluting U.S. Navy CDR Jeffrey A recent article published in the Smith. Chamber News, a publication of the TRIBUTE TO COMMANDER A recent publication by the Univer- Laurel County-area newspaper the Sen- JEFFREY SMITH sity of Kentucky newspaper the Ken- tinel Echo, highlighted Mr. Corum’s ac- Mr. MCCONNELL. Madam President, tucky Kernel highlighted the accom- complishments. I ask unanimous con- today I rise in recognition of U.S. Navy plishments of the Commander. Mr. sent that said article appear in the CDR Jeffrey Smith, captain of the USS President, I ask unanimous consent RECORD. Kentucky. Commander Smith, a Ken- that said article appear in the RECORD. There being no objection, the mate- tucky native, is the youngest com- There being no objection, the material was ordered to be printed in the manding officer of an Ohio-class sub- rial was ordered to be printed in the RECORD, as follows: marine. The commander has accom- RECORD, as follows: plished great feats in his naval career [From the Chamber News: The Sentinel [From University of Kentucky, Kentucky Echo, May 30, 2012] and he proudly represents the State of Kernel, July 3, 2012] Kentucky with everything he does. I BOARD OF DIRECTORS: LARRY CORUM USS KENTUCKY’S COMMANDER ISAPROUD UK know he is especially honored to com- ALUM Larry Corum has served as manager of the mand the ship that bears the name of London-Corbin Airport since February 2008. (By Sarah Geegan) The airport is the sixth-largest and one of our beloved Commonwealth. There’s just no telling where an education the busiest general aviation airports in the Commander Smith was born in Cov- from the University of Kentucky can take state of Kentucky. It serves as one of the im- ington, KY, and moved to Independ- you. portant gateways for business and commerce ence, KY, shortly thereafter. Upon For U.S. Navy Cmdr. Jeffrey Smith, the to Laurel County and eastern Kentucky. graduating from Simon Kenton High journey that began at UK has taken him In 1990, Larry moved to Laurel County School, he attended Xavier University around the world and deep below the ocean’s with his wife, Lois, and children, Chris and and then transferred to the University surface, as captain of the USS Kentucky, a Gienah. Seeing a business opportunity and of Kentucky. In 1995, Commander nuclear submarine. using his wife and sister for labor and as Smith graduated with a degree in phys- ‘‘Having been born in Kentucky and grow- partners, he opened an American Speedy ing up there, I can’t imagine any pride great- Printing franchise in the London Shopping ics and was commissioned in the Navy, er than serving as commander of the ship Center. The business began to grow and was where he began nuclear power training that bears my home state’s name,’’ says able to move to a stand-alone building on in Florida. Smith, whose parents and sister still live in South Main Street in 1994. In 1998, a second His dedicated service to the U.S. Kentucky. building was acquired through the purchase Navy brought him to the post of com- Born in Covington and raised in Independ- of Durham Printing and the business name manding officer of an Ohio-class sub- ence, Smith graduated from Simon Kenton was changed to Allegra Print and Imaging. marine. The youngest man in his posi- High School and attended Xavier University After completing college, both Chris and tion, Commander Smith leads both the for a year before transferring to UK. After Gienah joined Larry in the business. Larry Gold and Blue Teams and is charged graduating in 1995 with a bachelor’s degree continued in the business until 2008, when he in physics, Smith was commissioned in the turned over the operation to his son, Chris, with overseeing the drills, mainte- Navy and went to officer candidate school in who has added sign-making capability. He nance, and day to day operations of the Pensacola, Fla., where he began nuclear now operates the business under the name of USS Kentucky. power training. Allegra Print Sign and Design. Respected as a leader by his crew, At 39, Smith is the youngest commanding Larry grew up in Clay County, graduating Commander Smith also makes time to officer of an Ohio-class submarine. The Ken- from Clay County High School in 1958. He share his love of his State, the name- tucky—560 feet long and 42 feet in diameter, later attended Sue Bennett College and East- sake of the submarine, with his men. and producing around 18,000 tons of displace- ern Kentucky University, graduating from After each announcement, it has be- ment—is about the size of the largest ships EKU in 1965. Larry worked several jobs while that worked during World War II. It has a completing his education, including teaching come his trademark to lead the men in crew complement of 160, and it is capable of school in Clay County, Cleveland, Ohio, and a round of ‘‘Go Big Blue’’ cheers. A sinking more than 800 feet and traveling Miami, Fla. In 1967, Larry joined the U.S. Air true Kentucky Wildcats fan, he loves faster than 25 knots. (‘‘That’s pretty much Force and became an officer. He then mar- to talk University of Kentucky basket- freeway speed for a submarine,’’ Smith says.) ried his wife, Lois, and they began a grand ball and ‘‘bracketology’’ with his men The Kentucky’s primary mission, as a stra- adventure together traveling the world and come NCAA Tournament time. By tegic nuclear deterrent, is to provide a cred- making a career. In 1969, Larry was awarded sharing some of these beloved hall- ible, survivable launch platform for ballistic his wings, assigned to an airplane in the marks of the Bluegrass State, Com- missiles from sea. strategic air command and moved to a per- The ship is really a world of its own, Smith manent military base. Over the next 20 mander Smith not only shows his own says, and it’s a complex world with tens of years, Larry served the Air Force as a flight pride in being a Kentuckian, but also thousands of moving parts. For the com- crew member, flight instructor, flight eval- provides his men a sense of attachment mander of the Kentucky, a day’s work in- uator, and command evaluator in the EC, to the place for which their ship was volves taking care of the ship and making KC, and RC–135 Aircraft. Larry, Lois, and named. sure its crew members are prepared for any their children lived in or visited most all of Commander Smith, besides being an situation they could face while at sea. the 50 states and many foreign countries. avid UK Wildcats fan, enjoys reading, ‘‘Life aboard a nuclear submarine is all Larry retired from the Air Force as a lieu- playing video games, and spending about mitigating risk, while still making tenant colonel and the commander of the time with his four children. He credits sure that you are able to perform your mis- 384th Transportation Squadron, McConnell sion,’’ Smith says. ‘‘A submarine at sea is AFB, Wichita, Kan., in 1989. his interests and leadership capabili- really a dangerous environment. Everywhere Larry’s involvement in the London-Laurel ties to his education from the Univer- within reach, there are cables carrying high- County Chamber of Commerce began when sity of Kentucky. From physics and en- voltage electricity. There are pipes con- he opened his business in London with a rib- gineering courses which enable him to taining rapidly moving sea water. There are

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.001 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5253 high-pressure hydraulics lines. And we live There was not a single class that I took at through this post was especially of ben- constantly within just a few feet of the most UK that I have not gone back and leveraged efit to the tourism industry in the re- unforgiving, deadly, crushing environment, in my career at some point.’’ gion. Not only did Buddy and members right on the other side of our hull—the deep A lifelong Wildcat fan, Smith says he was of the commission share information sea. It’s of paramount importance that we thrilled to see the Cats bring home their keep it on the other side of that hull.’’ eighth NCAA Championship this year. He of- about the region at travel shows, but A naval submarine will operate at sea for fers his own, admittedly biased, take on he also organized the first Tourism In- about 50 to 100 days before coming back to bracketology: dustry Development Symposium held port for a couple of months, during which ‘‘I tell my fellow officers that when you in Lexington. time it undergoes a regimen of critical main- pick your bracket for the NCAA tournament, After the death of his wife, Jeanne, tenance and a crew rotation. The Kentucky you need to realize that there is a Center of and son, Don, in 1983 and 1984, respec- has two crews, a Blue Team and a Gold Awesomeness in the Universe, which is Rupp tively, Buddy understandably endured Team. Smith commands both. Arena, and the farther any team is based some difficult times. However, a friend, While the Kentucky is under way, the from there, the less of a chance they are daily routine is one of training, planning and going to have of making it to the Final Susan Mitchell, who later became his maintenance. Breakfast begins at 05:00 (5 Four.’’ wife, helped him through this dark pe- a.m.) and is over by 06:30, at which time the Smith is also father to four children. In his riod. After retiring in 1993, Buddy orga- crew receives briefings before commencing spare time, he enjoys reading broadly on di- nized Vision 2000 for London, Ken- drills at 08:00. Drills consist of simulations of verse topics, including philosophy, poetry, tucky, a plan to define goals for the various different situations that could be en- and music. He is an avid video gamer, who city which ultimately came to fruition countered aboard the ship, such as fires, welcomes challenges from his crew in just during the new millennium. floodings, and casualties. about any game imaginable. Buddy Westbrook is truly an out- On some days, the crew performs strategic ‘‘I try to remain as interdisciplinary as exercises, in which the crew practices the possible,’’ he says. standing citizen of the London, Ken- tasks they could be asked to perform while tucky, community. Passionate about on a mission—everything from processing f the development of Laurel County and messages to walking through a strategic TRIBUTE TO GLENN ‘‘BUDDY’’ the surrounding region, his lifetime launch. This part of the day is usually done WESTBROOK commitment to economic and tourism by 15:00 (3 p.m.), followed by a few hours of development have proved to be invalu- planning, training, and debriefing before din- Mr. MCCONNELL. Madam President, able to southeastern Kentucky. Bud- ner at 17:00 hours. There’s usually a movie I rise today in recognition of Mr. Glenn for the crew around 20:00, and then it’s lights dy’s dedication to his community is ex- ‘‘Buddy’’ Westbrook of London, Ken- emplary, and I am privileged today to out. tucky, and his service to both this na- Running parallel to that daily routine, the recognize his many contributions to ship maintains a regular watch schedule, in tion and the State of Kentucky, spe- Kentucky. I ask my colleagues in the which at any given time, one-third of the cifically Laurel County and the sur- U.S. Senate to join me in celebrating crew is manning a watch station on their rounding region. Passionate about de- Mr. Glenn ‘‘Buddy’’ Westbrook. A re- part of the ship. The watch shifts run for six velopment of the London community, cent article published in the Sentinel- hours in an 18-hour rotation. Mr. Westbrook worked to build the In port, the routine centers around mainte- Echo, a Laurel County-area publica- Laurel County economy and strength- tion, highlighted his accomplishments. nance, with anywhere from 50 to 150 separate en the tourism industry in south- scheduled maintenance items every time the Mr. President, I ask unanimous con- ship comes in. eastern Kentucky. sent that said article appear in the Born in 1930 to J. Hamp and Flo Pearl ‘‘The scheduled maintenance on a car is a RECORD. Westbrook, Buddy Westbrook was good comparison,’’ Smith says. ‘‘Think of all There being no objection, the mate- of the things that you have to check on your raised in London, Kentucky. His nick- rial was ordered to be printed in the car every 5,000 miles. Well, a submarine is a name, Buddy, stuck when his older sis- RECORD, as follows: lot bigger and a lot more complex than a car. ter, Madge, called him Buddy because And a typical car owner might keep their car she could not say Glenn. He began [From the Sentinel-Echo, May 2, 2012] for five or six years, while a submarine has working at an early age when he helped WESTBROOK: ‘THIS IS MOST EXCITING TIME IN to last for 40. So we have to ensure that the HISTORY’ ship is in good shape for another whole gen- his father separate type for the print- (By Tara Kaprowy) eration of submariners.’’ ing shop the family owned. Buddy en- Smith says he works conscientiously to in- joyed working because it made him feel Upon opening the door for his Living still a sense of Kentucky pride in his crew. grown up. However, like all boys, he Treasures interview, 81-year-old Glenn One of the first things he did after taking enjoyed spending time outdoors, espe- ‘‘Buddy’’ Westbrook announces he just has a command was to implement ‘‘Go Big Blue!’’ couple of hours to chat; he’s going four- cially at Kidds Pond, and he also had a wheeling on the Salt River with a friend and, as the ship’s rallying cry. He ends every knack for getting into mischief, such shipboard announcement over the loud- with the spring morning warm and clear, speaker with that call, and the crew echoes as climbing telephone poles. time’s, as they say, a-wastin’. it back. Buddy graduated from high school in But upon stepping into his kitchen, it’s ‘‘I think you’ll find it’s true, on any of the London but during his sophomore year clear Westbrook’s interest hasn’t completely ships named after a state, that the com- attended classes at Berea College to been kidnapped by the prospect of ATVing. manders will try to get the whole state-pride study chemistry. After high school he He’s laid out his dining room table with thing going among the crew,’’ Smith says. ‘‘I attended Sue Bennett College and croissants, marmalade and several types of tea in anticipation of the impending discus- have just a little extra fire in my belly, worked in his father’s gas and LP ap- being a native of Kentucky and a graduate of sion—and, in his characteristic way, to make UK. My crew definitely knows that we’re pliance store. Throughout his life, he things lovely and enjoyable. representing a great state.’’ was taught that civic duty and serving Westbrook was born June 14, 1930, to J. Smith says the education he received at others was an important part of being Hamp and Flo Pearl (Eversole) Westbrook. UK has helped to prepare him for his role in a member of a community. In 1950, His mother was born in London and her ma- the Navy in ways he couldn’t even have Buddy joined the U.S. Army and served ternal grandfather, J.N. Robinson, was the imagined when he was a student some 20 in Germany during the Korean War. first photographer and jeweler in town. ‘‘My years ago. When he returned to London, Buddy mother’s father was Roscoe Eversole, and he ‘‘The experience that I had in college—not was the cashier of the First National Bank just in physics, but the whole multidisci- took over his family store. As an active in London and was also mayor when they plinary aspect of what college is—has served member of the Jaycees, an organiza- first started putting in sidewalks and cul- me very well throughout my career,’’ he tion that promotes community devel- verts. Before that, it was boardwalks. And so says. ‘‘I use the physics every day, and the opment, he was able to attend a con- I grew up with examples of leadership, a love engineering and math. But there’s also phi- ference in Ashland where he met his of London and Laurel County, and an appre- losophy—particularly the connection be- wife, Jeanne. The couple had eight ciation of the people.’’ tween philosophy and anthropology: How do children. In 1970, Governor Wendell His father came from the cotton farms of we live in a multinational society? There’s Ford named Buddy to the Kentucky In- Georgia and, together, he and Flo Pearl psychology, which helps me to be able to in- made a cozy home with their young family terpret the reactions of my crew in an objec- stitute for Children. in an apartment above First National Bank. tively harsh environment. I use business In 1975, Buddy was offered a position Westbrook’s sister Madge was two years his management and financial accounting. Even with the Cumberland Valley Area De- elder and, unable to pronounce the name the Russian I studied has served me well. velopment District. His service ‘‘Glenn,’’ he soon acquired the nickname

VerDate Mar 15 2010 01:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.002 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5254 CONGRESSIONAL RECORD — SENATE July 23, 2012 ‘‘Buddy,’’ a moniker by which he is still ther. Westbrook said he was lucky to learn panded into institutional food service for known. from his father ‘‘how to build a business, schools, hospitals and resorts. Hamp worked at the Corbin Times and care for customers, find what they needed, With the majority of his business in east- later owned a printing shop in Corbin. From and have it for them.’’ ern Kentucky, Westbrook soon discovered it a young age, Westbrook helped his father, But Westbrook was lucky—jobs were was cheaper to get his instrument pilot’s li- learning ‘‘to separate cold type in a Cali- scarce and veterans returning from WWII cense and fly his men to Pikeville than it fornia box,’’ he said. wanted to be able to live in Laurel County. was to drive, so he bought a six-passenger ‘‘It wasn’t done by a-b-c-d-e-f-g,’’ he said. That desire was granted when in 1949, Lon- Cessna and began his career in the air, flying ‘‘It was by the most-used letters, ‘e’ was in don was chosen to be Kentucky’s first ‘‘Test the equivalent of eight times around the the center in the bigger box. It made me feel City,’’ an experiment in community develop- world. grown up.’’ ment sponsored by the Kentucky Chamber of ‘‘On the weekend, I could take my family After Madge and Westbrook started at- Commerce. Over the next 10 years, the effort and we’d leave here at noon and be on the tending school at Sue Bennett grade school, attracted 2,500 new jobs to the area. beach in Florida in five hours,’’ he remem- Flo Pearl went to work at First National Part of the effort involved ‘‘a big clean-up, bered. Bank, a job she kept for the next 50 years. paint-up, fix-up’’ campaign in preparation Spending time with his family was para- With the family settling in a home his fa- for visits from industries, Westbrook said. mount to Westbrook, though he admits he ther built on East Fifth Street, Westbrook ‘‘Gradually the ramshackle buildings and was a ‘‘strict disciplinarian.’’ remembers a happy childhood. ‘‘This was a sheds were torn down,’’ he said. ‘‘There was ‘‘I believe discipline is proof that you care wonderful place to grow up,’’ he said. ‘‘If you no law or anything, there was just pride. about values that are important in life,’’ he made any mistakes while you were in town, They wanted it to be part of helping it suc- said. ‘‘When my daughter Leann was born with Down syndrome, she thrived because of like climbing telephone poles or things like ceed. Weeded lots were mowed, progress re- the help of her brothers and sisters. I stopped that, your parents knew by the time you got ports were given every week in the news- playing golf and our family did things to- home. You got a lecture and often your paper.’’ backside got warmed.’’ The experience profoundly affected gether and we traveled as a family. We tried London was a friendly place to live, and Westbrook, who was greatly inspired by the to teach them the need for unconditional ‘‘people would come to town on Saturdays community leaders who were spurring the ef- love. They went to church and learned to pray. They still go to church.’’ from farms, park their cars, park their fort. ‘‘The leadership I saw, the people I re- In 1975, still with a passion for leadership, horses and wagons behind the jail on Broad spected, the veterans who came back from Westbrook was asked to work for the Cum- Street, and they’d come up on Main Street World War II and other leaders, they got to- berland Valley Area Development District. where all the businesses were located,’’ he gether and I saw them cooperating and real- Later, he worked to develop a stronger tour- said. ‘‘It was a time when doctors cared ly dreaming, saying we could do this and ism industry in the region. ‘‘We’d take our about you. They knew you, they loved you, let’s try this to create jobs. Even though brochures and our booths and our pictures and they wanted to heal you.’’ there would be the potential embarrassment and travel to shows in Chicago and Indianap- Westbrook also described strict but caring of trying something and it not working, at olis and Cincinnati and Detroit and people teachers. ‘‘We learned about patriotism and least you felt like you should try it.’’ would come and see where to go on vaca- civic things,’’ he said. ‘‘We started learning Westbrook joined the Jaycees, the young tion,’’ he said. at an early age that we were part of a men’s organization active in community de- Eight years later, Jeanne was diagnosed whole.’’ velopment. with lung cancer and, with little treatment Evenings at the Westbrook house included In 1950, Westbrook was drafted in the U.S. available, died August 2, 1983. Nine months the family ‘‘watching the radio’’ to listen to Army during ‘‘the Korean Police Action,’’ later, Westbrook’s son Don died after having the evening news. Flo Pearl would read to but rather than be sent to Asia, was shipped an allergic reaction to a flu shot. It was a her children from English and American au- to Germany where he taught soldiers about devastating time for Westbrook, who was thors and classic mythology. On warm sum- weapon surveillance and fire direction con- still working and taking care of Leann. mer afternoons, Westbrook said he and his trol in his artillery unit. He was also given Though he continued to go to work every friends would head to a small lake south of the task of purchasing German wines for the day, he admitted he fell into a deep depres- London close to the entrance of Levi Jack- military base. sion. ‘‘When a child dies, it pulls something son Wilderness Road State Park. Westbrook took full advantage of his time out of you and you’re never, ever the same,’’ ‘‘It was Kidds Pond,’’ he said. ‘‘They had in Europe and sunk happily in its cultures. he said. dressing rooms and they charged you a quar- He learned to ski in the Alps, took photog- Eventually, Westbrook was able to recover, ter to swim all day and sometimes it was 10 raphy lessons from ‘‘an old German,’’ learned in part with the help of Susan Mitchell, who cents. Of course, back then you could get a French, German, and Italian, ate pizza and would later become his wife. ‘‘She helped me Coke for a nickel and hamburgers were a weinerschnitzel for the first time, and spent through the most difficult times of the griev- nickel.’’ his time off travelling. ‘‘I spent a week in ing,’’ he said. ‘‘I was certainly not a very When he was looking for something to do, Paris and got to go to every museum,’’ he pleasant person to be around, and she told Westbrook would head to his grandmother’s said. ‘‘It was fun to be discovering these me years later I was the saddest person she farm next to where E.C. Porter’s IGA cur- things. I got to see the Louvre. When I went had ever seen. I was so thankful to have a rently stands, where he learned how to in there, on the first landing, there was the friend who knew what I was going through. ‘‘milk a cow and how to churn and make but- Winged Victory of Samothrace and I said, She was my cheerleader.’’ ter.’’ Wow! They’ve got it here.’ ’’ Together, Susan and Westbrook have a On December 7, 1941, Westbrook remembers When he was discharged in 1953, Westbrook son, Reuben, and though no longer married, ‘‘playing in the front yard on his bicycle’’ returned to London, shed his dreams of be- remain friends. when his parents told him President Roo- coming a chemist, and took over the family After 18 years with the development dis- sevelt had announced the Japanese had at- business. He quickly re-joined the Jaycees trict, during which he organized the first tacked Pearl Harbor. From that moment on, and upon his first annual meeting in Ash- Tourism Industry Development Symposium Westbrook’s childhood changed. ‘‘We fol- land, met the woman who was to become his in Lexington, Westbrook retired in 1993. In lowed everything about the war,’’ he said. ‘‘I first wife. ‘‘The only single one was Jeanne advance of the new millennium, he organized saw the National Guard troops mount up Watts,’’ he said. ‘‘A year and a half later, we Vision 2000, an effort to define London’s over where the fire department is now on were married.’’ goals and aspirations, many of which came Dixie Street. They had horses and stables They wed in Ashland and Westbrook re- to fruition. In 2010, he wrote a cookbook, and they had a drill hall filled with sand turned to London with his bride. ‘‘She was ‘‘Grandma’s Heirloom Kentucky and South- with a roof over it and they would take the intelligent, she had her own way of doing ern Recipes.’’ He continues to live with horses in there and do their formations in things, she was thoughtful and caring, but Leann, ‘‘who babysits her dad,’’ and enjoys there. I remember seeing the troops mount she was also very independent,’’ he said of seeing his other children, 13 grandchildren, up in the armory after World War II started Jeanne. and five great-grandchildren. He attends St. and march up Main Street, go down to the Together they had eight children—Joe, William Catholic Church. And he remains depot and get on a train to go off to war.’’ Amy, Don, Robert, David, Mary, Susan, and deeply committed to London and his passion By the time he reached high school, Leann. Jeanne kept the books and Buddy for progress. Westbrook had decided he would become a continued working at his businesses and div- At the end of his interview, he outlines ‘‘brilliant chemist for Dupont’’ and even ing into community issues. In 1970, he was ways to think outside the box, drawing sev- went to Berea College in his sophomore year appointed by Gov. Wendell Ford and later eral adjacent squares on a sheet of paper and to study chemistry. He returned to London Gov. Julian Carroll to the Kentucky Com- asking how many are actually there. Point- the following year to graduate. ‘‘That was a mission for Children, which was renamed the ing out how several small boxes form several wonderful experience,’’ he said. ‘‘London had Kentucky Institute for Children, and at- larger ones, he talks about the importance of a good basketball team, good cheerleaders tended the president’s 1970 White House Con- expanding one’s mind. ‘‘You have to be open and good teachers who cared.’’ ference on Children and Youth. minded, you can’t just be closed to what was. Following graduation, Westbrook enrolled After decades in the gas business, It’s exciting. This is the most exciting time in Sue Bennett College. Later, he worked at Westbrook decided to go into the wholesale in the history of mankind to be alive,’’ he the appliance and LP gas store with his fa- kitchen-design business, one that later ex- said and puts his pencil down.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.003 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5255 HONORING OUR ARMED FORCES tion that he held for a number of years: potato farming in South Dakota. Com- SERGEANT MICHAEL E. RISTAU sergeant in the U.S. Army. mercial potato farming first arrived Mr. GRASSLEY. Madam President, I Kenneth Saavedra, Jr., served with around 1908, and by the 1940s, Garden rise to pay tribute to the life and serv- the Army’s 1st Battalion, 102nd Infan- City farms were yielding half a million ice of SGT Michael E. Ristau, a native try Regiment, including two tours of bushels of potatoes each year. Residents of Garden City plan to cel- of Cascade, IA. He was killed on July duty in Afghanistan, and served with ebrate their town’s 125th anniversary 13, 2012 in Qalat, Zabul Province, Af- the National Guard for almost 10 years. with a day full of activities for the ghanistan while serving his country as Kenneth was an American patriot. He whole family. Festivities will begin part of Operation Enduring Freedom. selflessly dedicated his life to serving with a tractor parade, followed by a He leaves behind his wife, Elizabeth, his country and never asked what he pork loin dinner, bean bag and horse- two sons, Hyle and Bradley, his par- would receive in return. And after he shoe tournaments, and musical enter- ents, Randy and Suzanne, and many came home from two tours in Afghani- tainment, all held in the park. At the other family and friends. My prayers stan, he continued to stay active in Opera House, numerous mementos and go out to them as they grieve his loss. veterans’ causes as vice chair of the antiquities will be on display to show- By all accounts, he was a brave sol- Teamsters Veterans Caucus Con- necticut Chapter 1 and an avid sup- case the rich history of Garden City. dier who was proud of serving his coun- Garden City was founded by a deter- try. He had a long list of awards and porter of the Wounded Heroes Fund. This Saturday, Kenneth will be laid mined group of pioneers, who fought decorations, including the Bronze Star hard for the preservation and advance- and Purple Heart, Army Achievement to rest in the Connecticut Veterans’ Cemetery in Rocky Hill with full mili- ment of their town. This legacy is evi- Medal, Army Good Conduct Medal, dent to this day in the can-do spirit of with Oak Leaf Cluster, National De- tary honors. We owe a debt of gratitude to Kenneth Saavedra, Jr., and to mili- its residents. I congratulate Garden fense Service Medal, Afghanistan Cam- City on reaching this historic mile- paign Medal, with Bronze Service Star, tary men and women like him who have risked everything to protect our stone and wish them the best in the fu- Iraq Campaign Medal, with two Bronze ture.∑ Service Stars, Global War on Terrorism Nation, and served and sacrificed, often f Service Medal, Army Service Ribbon, at great cost to themselves. We must NATO Medal, Non-Commissioned Offi- keep faith with them and make sure TRIBUTE TO VINCENT J. VACCA that we leave no veteran behind. cer Professional Development Ribbon, ∑ Mr. TESTER. Madam President, I I want to offer my sincere condo- Valorous Unit Award, Meritorious Unit wish to pay tribute to Vincent J. lences to Kenneth’s parents, Evelyn Commendation, and Combat Infantry- Vacca, a veteran of the first Gulf War. and Kenneth Sr., as well as to his many man Badge. Vince, on behalf of all Montanans and Our Nation is truly blessed to have family members and friends who are ∑ all Americans, I stand to say thank patriots like Sergeant Ristau who vol- mourning his loss. you for your service to this nation. It unteer to serve their country, prepared f is my honor to share the story of Vince to endure the daily sacrifices of a de- GARDEN CITY, SOUTH DAKOTA Vacca’s service in Operation Desert ployment and the horrors of combat, ∑ Mr. JOHNSON of South Dakota. Storm, because no story of heroism and knowing that they could make the Madam President, today I wish to pay should ever fall through the cracks. ultimate sacrifice. About his military Vince was born in New York but grew tribute to the 125th anniversary of the service, his family said, ‘‘Michael had a up in Libby, MT. When he was just a founding of Garden City, SD. Located passion for the military and was going junior in high school, Vince decided to in northeastern Clark County, Garden to re-enlist.’’ They also said that ‘‘Mi- join the Navy headed to boot camp City is a proud small town, known for chael was always looking out for oth- right after he graduated. On his first potato farming. ers and helping them in any way pos- deployment, he was stationed on the The townsite of Garden City was es- sible.’’ There is certainly no more self- U.S.S. Sylvania as an electricians tablished in 1882 on 40 acres of land do- less act than to give one’s life to en- mate. nated by Clarence Hayward, an early sure that others may live in freedom. Vince served in Operation Desert resident. Hayward was known as the fa- We cannot hope to ever fully repay the Storm from 1990 to 1991. He separated ther of the town because of his stead- debt we owe Michael Ristau, but as he from the Navy in May of 1992 but re-en- fast dedication to the well-being and joins the illustrious ranks of our fallen listed in the Armed Services, this time improvement of Garden City. It is said patriots from the birth of our Nation in the U.S. Army in December of 1992. that were it not for his aggressive ad- to the present day, we have an obliga- In the Army, Vince graduated third vocacy, Garden City would not be a tion to honor his life and his sacrifice. in his class as a fire direction specialist town. We must always remember heroes like in field artillery. Vince served in the The Chicago, Milwaukee & St. Paul Michael Ristau and never take for Army until 1999. After his service, Vin- Railroad was built in the town in 1887, granted the gift of liberty they have cent Vacca never received the medals bringing with it great prosperity. At won for us. he earned from either the Army or the that time, R.S. Carpenter donated a 40- Navy. Vince recently received his f acre parcel of land located just south of Army medals but couldn’t get his Navy ADDITIONAL STATEMENTS Garden City to the town. His wife is medals. credited with naming the town, an Earlier this month, in the presence of honor granted to her by the railroad his family, it was my honor to finally HONORING KENNETH SAAVEDRA, workers who were impressed by her present to Vince: the Navy Good Con- JR. hospitality. She had a love of flowers duct Medal, the National Defense Serv- ∑ Mr. BLUMENTHAL. Madam Presi- and saw parallels between the townsite ice Medal, Southwest Asia Service dent, for a few minutes, let us recall a and the Garden of Eden. Medal with two bronze stars, and the young patriot, a military veteran, and The year 1887 was important in the Navy Unit Commendation Ribbon. I a Connecticut son who tragically early history of Garden City. Besides also had the honor of presenting to passed away on July 15, 2012. His name the establishment of the railroad, 1887 Vince, the Kuwait Liberation Medal, was Kenneth Saavedra, Jr. He was just was when the first buildings were con- based in Kuwait, the Sea Service De- 29 years old. structed. There was a grocery store and ployment Ribbon with one bronze star, Kenneth was born in Bridgeport, CT hardware business built by William and the Kuwait Liberation Medal, and lived in Shelton for most of his Morise and Charley Edwards, as well as based in Saudi Arabia. life. He graduated from Shelton High a post office and a railroad depot. In These seven decorations are small to- School and the University of Con- following years, many business and kens, but they are powerful symbols of necticut. Kenneth was an electrician civic organizations popped up to serve true heroism, sacrifice, and dedication and worked for Sikorsky Aircraft. the growing population. to service. But I speak about Kenneth today be- In the 20th century, Garden City These medals are presented on behalf cause of another job a different distinc- earned notoriety for being a center of of a grateful Nation.∑

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.007 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5256 CONGRESSIONAL RECORD — SENATE July 23, 2012 LANDSAT SATELLITE PROGRAM the development and progress of the The order prohibits the importation ∑ Mr. UDALL of Colorado. Madam Landsat program. Ball developed and into the United States, directly or indi- President, I wish to recognize and com- constructed several vital components rectly, of charcoal from Somalia. It memorate the Landsat satellite proof the Landsat mission, most notably also amends the designation criteria gram on the 40th anniversary of the the Operational Land Imager, which al- specified in E.O. 13536. As amended by launch of the first Landsat satellite. lows for detailed imaging and a com- the order, E.O. 13536 provides for the While perhaps not as well known as plete scan of the entire globe every 16 designation of persons determined by some of our other satellite programs, days. the Secretary of the Treasury, in con- the Landsat satellites are nevertheless I want to congratulate all those who sultation with the Secretary of State, wildly successful and critically impor- have been associated with the Landsat to: tant to scientific research and policy- legacy over the past 40 years on ful- Have engaged in acts that directly or making. filling Secretary Udall’s vision so ably. indirectly threaten the peace, security, On September 21, 1966, Secretary of Their tireless dedication has been a or stability of Somalia, including but the Interior Stewart Udall announced true benefit to all Americans and the not limited to: Acts that threaten the the commencement of Project EROS— world.∑ Djibouti Agreement of August 18, 2008, Earth Resources Observation Sat- f or the political process; acts that threaten the Transitional Federal In- ellites. The goal of Project EROS was REPORT ON THE CONTINUATION to create a program responsible for stitutions or future Somali governing OF THE NATIONAL EMERGENCY institutions, the African Union Mission mapping the characteristics of the sur- ORIGINALLY DECLARED IN EX- face of the Earth, thereby helping us in Somalia (AMISOM), or other future ECUTIVE ORDER 13536 ON APRIL international peacekeeping operations better understand Earth’s natural re- 12, 2010 WITH RESPECT TO SOMA- sources and changing climate. related to Somalia; or acts to mis- LIA, RECEIVED DURING AD- appropriate Somali public assets; In the years following, the Depart- JOURNMENT OF THE SENATE ment of the Interior, through the U.S. Have obstructed the delivery of hu- JULY 20, 2012—PM 58 Geological Survey and partnering with manitarian assistance to Somalia, or the National Aeronautics and Space The PRESIDING OFFICER laid be- access to, or distribution of, humani- Administration, established the EROS fore the Senate the following message tarian assistance in Somalia; Program, and on July 23, 1972, launched from the President of the United Have directly or indirectly supplied, the first Landsat satellite responsible States, together with an accompanying sold or transferred to Somalia, or to for Earth surface imaging. Over the report; which was referred to the Com- have been the recipient in the territory last 40 years the United States mittee on Banking, Housing, and of Somalia of, arms or any related ma- launched six more Landsat satellites, Urban Affairs: teriel, or any technical advice, training, or assistance, including financing ensuring continuous observation and To the Congress of the United States: creating a national archive of natural Pursuant to the International Emer- and financial assistance, related to resource information. The next gency Economic Powers Act (50 U.S.C. military activities; Be responsible for or complicit in, or Landsat is scheduled to be launched in 1701 et seq.) (IEEPA), I hereby report responsible for ordering, controlling, or 2013. that I have issued an Executive Order otherwise directing, or to have partici- Today Landsat is crucial, not only to (the ‘‘order’’) taking additional steps pated in, the commission of acts of vio- environmental research and study, but with respect to the national emergency lence targeting civilians in Somalia, to national policy and decisionmakers declared in Executive Order 13536 of including killing and maiming, sexual at all levels. Landsat collects data April 12, 2010 (E.O. 13536). and gender-based violence, attacks on from across the United States from the In E.O. 13536, I found that that the schools and hospitals, taking hostages, forests of Washington and Oregon, to deterioration of the security situation and the persistence of violence in So- and forced displacement; the changing wetlands and waterways Be a political or military leader re- malia, and acts of piracy and armed of coastal Louisiana. It also collects cruiting or using children in armed robbery at sea off the coast of Somalia, data globally, mapping, for example, conflict in Somalia; the arid regions of Saudi Arabia and which have repeatedly been the subject Have engaged, directly or indirectly, Mexico and the shrinking Aral Sea and of United Nations Security Council res- in the import or export of charcoal Lake Chad. Using the information olutions, and violations of the arms from Somalia on or after February 22, gathered by these satellites, research- embargo imposed by the United Na- 2012; ers are able to catalogue and compare tions Security Council in Resolution Have materially assisted, sponsored, changes in the land due to urbaniza- 733 of January 23, 1992, and elaborated or provided financial, material, tion, deforestation, population growth, upon and amended by subsequent reso- logistical or technical support for, or climate change, and natural disasters. lutions, constitute an unusual and ex- goods or services in support of, the ac- This kind of analysis is critically im- traordinary threat to the national se- tivities described above or any person portant to local governments, farmers curity and foreign policy of the United whose property and interests in prop- and ranchers, land managers, and States. To address that threat, E.O. erty are blocked pursuant to E.O. 13536; many other decisionmakers. 13536 blocks the property and interests or For example, my home State of Colo- in property of persons listed in the Be owned or controlled by, or to have rado has been deeply affected by Annex to E.O. 13536 or determined by acted or purported to act for or on be- wildfires this year. Drought, climate the Secretary of the Treasury, in con- half of, directly or indirectly, any per- change, and fire suppression have com- sultation with the Secretary of State, son whose property and interests in bined to make this one of the most de- to meet criteria specified in E.O. 13536. property are blocked pursuant to E.O. structive wildfire seasons in Colorado In view of United Nations Security 13536. history. Landsat satellites collect data Council Resolution 2036 of February 22, The designation criteria will be ap- measuring water consumption by 2012, and Resolution 2002 of July 29, plied in accordance with applicable plants, bark beetle infestation, forest 2011, I am issuing the order to take ad- Federal law including, where appro- health, fuel loads, and even environ- ditional steps to deal with the national priate, the First Amendment to the mental recovery data from these dam- emergency declared in E.O. 13536 and to United States Constitution. In view of aging fires. Given this information, we address exports of charcoal from Soma- United Nations Security Council Reso- can better combat wildfires both on the lia, which generate significant revenue lution 2002 of July 29, 2011, persons who front lines and through our decisions for al-Shabaab; the misappropriation of engage in non-local commerce via al- here in Washington. Somali public assets; and certain acts Shabaab-controlled ports that con- Not only does Landsat data benefit of violence committed against civilians stitutes support for a person whose Colorado decisionmakers, but the sat- in Somalia, all of which contribute to property and interests in property are ellites themselves have a strong Colo- the deterioration of the security situa- blocked pursuant to E.O. 13536 may be rado pedigree. Ball Aerospace, located tion and the persistence of violence in subject to designation pursuant to E.O. in Boulder, CO, is a key contributor to Somalia. 13536, as amended by the order.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JY6.006 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5257 The order was effective at 2:00 p.m. S. 3420. A bill to permanently extend the Beaver, Chipuxet, Queen, Wood, and eastern daylight time on July 20, 2012. 2001 and 2003 tax cuts, to provide for perma- Pawcatuck Rivers in the States of Con- I have delegated to the Secretary of nent alternative minimum tax relief, and to necticut and Rhode Island for study for po- the Treasury, in consultation with the repeal the estate and generation-skipping tential addition to the National Wild and transfer taxes, and for other purposes. Scenic Rivers System, and for other pur- Secretary of State, the authority to poses; to the Committee on Energy and Nat- f take such actions, including the pro- ural Resources. mulgation of rules and regulations, and REPORTS OF COMMITTEES f to employ all power’s granted to the The following reports of committees President by IEEPA as may be nec- SUBMISSION OF CONCURRENT AND were submitted: essary to carry out the purposes of the SENATE RESOLUTIONS order. All agencies of the United States By Mr. KERRY, from the Committee on The following concurrent resolutions Foreign Relations, with an amendment in and Senate resolutions were read, and Government are directed to take all the nature of a substitute: appropriate measures within their au- S. 1039. A bill to impose sanctions on per- referred (or acted upon), as indicated: thority to carry out the provisions of sons responsible for the detention, abuse, or By Mr. KERRY (for himself, Mr. the order. death of Sergei Magnitsky, for the con- LUGAR, Mr. WEBB, Mr. INHOFE, Mr. I am enclosing a copy of the Execu- spiracy to defraud the Russian Federation of LIEBERMAN, and Mr. MCCAIN): tive Order I have issued. taxes on corporate profits through fraudu- S. Res. 524. A resolution reaffirming the lent transactions and lawsuits against Her- strong support of the United States for the BARACK OBAMA. 2002 declaration of conduct of parties in the THE WHITE HOUSE, July 20, 2012. mitage, and for other gross violations of human rights in the Russian Federation, and South China Sea among the member states f for other purposes (Rept. No. 112–191). of ASEAN and the People’s Republic of China, and for other purposes; to the Com- MESSAGE FROM THE HOUSE f mittee on Foreign Relations. At 2:03 p.m., a message from the INTRODUCTION OF BILLS AND f House of Representatives, delivered by JOINT RESOLUTIONS ADDITIONAL COSPONSORS Mr. Novotny, one of its reading clerks, The following bills and joint resolu- announced that the House has passed S. 102 tions were introduced, read the first At the request of Mr. MCCAIN, the the following bill, in which it requests and second times by unanimous con- names of the Senator from Wyoming the concurrence of the Senate: sent, and referred as indicated: (Mr. BARRASSO) and the Senator from H.R. 5856. An act making appropriations By Mr. REED (for himself and Mr. Utah (Mr. HATCH) were added as co- for the Department of Defense for the fiscal GRASSLEY): sponsors of S. 102, a bill to provide an year ending September 30, 2013, and for other S. 3416. A bill to enhance civil penalties purposes. optional fast-track procedure the under the Federal securities laws, and for President may use when submitting re- The message further announced that other purposes; to the Committee on Bank- scission requests, and for other pur- the House has agreed to the following ing, Housing, and Urban Affairs. poses. concurrent resolution, in which it re- By Mr. HATCH (for himself and Mr. S. 202 quests the concurrence of the Senate: MCCONNELL): S. 3417. A bill to amend the Internal Rev- At the request of Mr. PAUL, the name H. Con. Res. 133. Concurrent resolution au- enue Code of 1986 to temporarily extend tax of the Senator from Alaska (Ms. MUR- thorizing the use of the rotunda of the relief provisions enacted in 2001 and 2003, to United States Capitol for an event to present KOWSKI) was added as a cosponsor of S. provide for temporary alternative minimum 202, a bill to require a full audit of the the Congressional Gold Medal to Arnold tax relief, to extend increased expensing lim- Palmer, in recognition of his service to the Board of Governors of the Federal Re- itations, and to provide instructions for tax serve System and the Federal reserve Nation in promoting excellence and good reform; to the Committee on Finance. sportsmanship in golf. By Mr. WYDEN: banks by the Comptroller General of The message also announced that the S. 3418. A bill to amend title 10, United the United States before the end of House agrees to the amendment of the States Code, to require the Secretary of De- 2012, and for other purposes. Senate to the bill (H.R. 2527) to require fense to use only human-based methods for S. 343 the Secretary of the Treasury to mint training members of the Armed Forces in the At the request of Mr. BINGAMAN, the coins in recognition and celebration of treatment of severe combat injuries; to the name of the Senator from Virginia (Mr. Committee on Armed Services. the National Baseball Hall of Fame. WEBB) was added as a cosponsor of S. By Mr. SANDERS (for himself, Mr. 343, a bill to amend Title I of PL 99–658 LEAHY, Mr. BROWN of Ohio, Mr. f regarding the Compact of Free Associa- BLUMENTHAL, and Mr. AKAKA): MEASURES REFERRED S. 3419. A bill to provide for the establish- tion between the Government of the United States of America and the Gov- The following bill was read the first ment of the United States Employee Owner- ernment of Palau, to approve the re- and the second times by unanimous ship Bank, and for other purposes; to the Committee on Banking, Housing, and Urban sults of the 15-year review of the Com- consent, and referred as indicated: Affairs. pact, including the Agreement Between H.R. 5856. An act making appropriations By Mr. LEE (for himself, Mr. RUBIO, the Government of the United States of for the Department of Defense for the fiscal Mr. RISCH, Mr. DEMINT, Mr. CORNYN, America and the Government of the year ending September 30, 2013, and for other Mr. VITTER, and Mr. JOHNSON of Wis- Republic of Palau Following the Com- purposes; to the Committee on Appropria- consin): tions. S. 3420. A bill to permanently extend the pact of Free Association Section 432 Review, and to appropriate funds for f 2001 and 2003 tax cuts, to provide for permanent alternative minimum tax relief, and to the purposes of the amended PL 99–658 MEASURES PLACED ON THE repeal the estate and generation-skipping for fiscal years ending on or before Sep- CALENDAR transfer taxes, and for other purposes; read tember 30, 2024, to carry out the agree- the first time. ments resulting from that review. The following bills were read the sec- By Mr. SANDERS (for himself, Mr. S. 387 ond time, and placed on the calendar: LEAHY, Mr. BROWN of Ohio, Mr. At the request of Mrs. BOXER, the S. 3414. A bill to enhance the security and BLUMENTHAL, and Mr. AKAKA): resiliency of the cyber and communications S. 3421. A bill to establish an Employee name of the Senator from Missouri infrastructure of the United States. Ownership and Participation Initiative, and (Mrs. MCCASKILL) was added as a co- H.R. 5872. An act to require the President for other purposes; to the Committee on sponsor of S. 387, a bill to amend title to provide a report detailing the sequester Health, Education, Labor, and Pensions. 37, United States Code, to provide flexi- required by the Budget Control Act of 2011 on By Mr. VITTER: ble spending arrangements for mem- January 2, 2013. S. 3422. A bill to prohibit the sale of billfish bers of uniformed services, and for and for other purposes; to the Committee on other purposes. f Commerce, Science, and Transportation. S. 845 MEASURES READ THE FIRST TIME By Mr. REED (for himself, Mr. LIEBER- MAN, and Mr. WHITEHOUSE): At the request of Mr. ENZI, the name The following bill was read the first S. 3423. A bill to amend the Wild and Sce- of the Senator from Maine (Ms. COL- time: nic Rivers Act to designate a segment of the LINS) was added as a cosponsor of S.

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.008 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5258 CONGRESSIONAL RECORD — SENATE July 23, 2012 845, a bill to amend the Internal Rev- COONS) was added as a cosponsor of S. sor of S. 2201, a bill to amend the Inter- enue Code of 1986 to provide for the log- 1372, a bill to amend the Elementary nal Revenue Code of 1986 to extend the ical flow of return information between and Secondary Education Act of 1965 renewable energy credit. partnerships, corporations, trusts, es- regarding environmental education, S. 2283 tates, and individuals to better enable and for other purposes. At the request of Mr. TESTER, the each party to submit timely, accurate S. 1460 name of the Senator from Washington returns and reduce the need for ex- At the request of Mr. BAUCUS, the (Ms. CANTWELL) was added as a cospon- tended and amended returns, to provide name of the Senator from Washington sor of S. 2283, a bill to amend the Rob- for modified due dates by regulation, (Ms. CANTWELL) was added as a cospon- ert T. Stafford Disaster Relief and and to conform the automatic cor- sor of S. 1460, a bill to grant the con- Emergency Assistance Act to include porate extension period to long- gressional gold medal, collectively, to procedures for requests from Indian standing regulatory rule. the First Special Service Force, in rec- tribes for a major disaster or emer- S. 866 ognition of its superior service during gency declaration, and for other pur- At the request of Mr. TESTER, the World War II. poses. name of the Senator from Missouri S. 1806 S. 2342 (Mrs. MCCASKILL) was added as a co- At the request of Mrs. BOXER, the At the request of Mr. TESTER, the sponsor of S. 866, a bill to amend title name of the Senator from California name of the Senator from Virginia (Mr. 10, United States Code, to modify the (Mrs. FEINSTEIN) was added as a co- WARNER) was added as a cosponsor of S. per-fiscal year calculation of days of sponsor of S. 1806, a bill to amend the certain active duty or active service 2342, a bill to reform the National Asso- Internal Revenue Code of 1986 to allow used to reduce the minimum age at ciation of Registered Agents and Bro- taxpayers to designate overpayments which a member of a reserve compo- kers, and for other purposes. of tax as contributions to the homeless nent of the uniformed services may re- S. 2620 tire for non-regular service. veterans assistance fund. At the request of Mr. SCHUMER, the S. 1832 S. 896 name of the Senator from New Hamp- At the request of Mr. BINGAMAN, the At the request of Mr. ENZI, the name shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Colorado of the Senator from West Virginia (Mr. sponsor of S. 2620, a bill to amend title (Mr. BENNET) was added as a cosponsor MANCHIN) was added as a cosponsor of XVIII of the Social Security Act to of S. 896, a bill to amend the Public S. 1832, a bill to restore States’ sov- provide for an extension of the Medi- Land Corps Act of 1993 to expand the ereign rights to enforce State and local care-dependent hospital (MDH) pro- authorization of the Secretaries of Ag- sales and use tax laws, and for other gram and the increased payments riculture, Commerce, and the Interior purposes. under the Medicare low-volume hos- to provide service opportunities for S. 1843 pital program. young Americans; help restore the na- At the request of Mr. ISAKSON, the S. 3248 tion’s natural, cultural, historic, ar- name of the Senator from Illinois (Mr. At the request of Mr. ENZI, the names chaeological, recreational and scenic KIRK) was added as a cosponsor of S. of the Senator from New York (Mr. resources; train a new generation of 1843, a bill to amend the National SCHUMER) and the Senator from Hawaii public land managers and enthusiasts; Labor Relations Act to provide for ap- (Mr. AKAKA) were added as cosponsors and promote the value of public serv- propriate designation of collective bar- of S. 3248, a bill to designate the North ice. gaining units. American bison as the national mam- S. 933 S. 1911 mal of the United States. At the request of Mr. SCHUMER, the At the request of Mr. SCHUMER, the S. 3290 name of the Senator from Massachu- name of the Senator from Massachu- At the request of Mr. VITTER, the setts (Mr. KERRY) was added as a co- setts (Mr. KERRY) was added as a co- name of the Senator from Florida (Mr. sponsor of S. 933, a bill to amend the sponsor of S. 1911, a bill to amend the RUBIO) was added as a cosponsor of S. Internal Revenue Code of 1986 to extend Internal Revenue Code of 1986 to pro- 3290, a bill to prohibit discrimination and increase the exclusion for benefits vide recruitment and retention incen- against the unborn on the basis of sex provided to volunteer firefighters and tives for volunteer emergency service or gender, and for other purposes. emergency medical responders. workers. S. 3325 S. 996 S. 1929 At the request of Mr. BEGICH, the At the request of Mr. ROCKEFELLER, At the request of Mr. BLUMENTHAL, name of the Senator from Colorado the name of the Senator from Alaska the name of the Senator from Colorado (Mr. BENNET) was added as a cosponsor (Mr. BEGICH) was added as a cosponsor (Mr. UDALL) was added as a cosponsor of S. 3325, a bill to authorize the Sec- of S. 996, a bill to amend the Internal of S. 1929, a bill to require the Sec- retary of Health and Human Services, Revenue Code of 1986 to extend the new retary of the Treasury to mint coins in acting through the Administrator of markets tax credit through 2016, and commemoration of Mark Twain. for other purposes. the Substance Abuse and Mental S. 1956 Health Services Administration, in co- S. 1299 At the request of Mr. THUNE, the ordination with the Secretary of Edu- At the request of Mr. MORAN, the cation, to carry out a 5-year dem- name of the Senator from Idaho (Mr. name of the Senator from Florida (Mr. NELSON) was added as a cosponsor of S. onstration program to fund mental CRAPO) was added as a cosponsor of S. 1299, a bill to require the Secretary of 1956, a bill to prohibit operators of civil health first aid training programs at 10 the Treasury to mint coins in com- aircraft of the United States from par- institutions of higher education to im- memoration of the centennial of the ticipating in the European Union’s prove student mental health. establishment of Lions Clubs Inter- emissions trading scheme, and for S. 3352 national. other purposes. At the request of Mr. BINGAMAN, the S. 1368 S. 2093 names of the Senator from New Hamp- At the request of Mr. ROBERTS, the At the request of Mr. MENENDEZ, the shire (Mrs. SHAHEEN) and the Senator name of the Senator from Illinois (Mr. name of the Senator from Connecticut from Oregon (Mr. MERKLEY) were added KIRK) was added as a cosponsor of S. (Mr. BLUMENTHAL) was added as a co- as cosponsors of S. 3352, a bill to amend 1368, a bill to amend the Patient Pro- sponsor of S. 2093, a bill to establish the Internal Revenue Code of 1986 to tection and Affordable Care Act to re- pilot programs to encourage the use of improve and extend certain energy-repeal distributions for medicine quali- shared appreciation mortgage modi- lated tax provisions, and for other pur- fied only if for prescribed drug or insu- fications, and for other purposes. poses. lin. S. 2201 S. 3372 S. 1372 At the request of Mr. GRASSLEY, the At the request of Mr. WEBB, the At the request of Mr. REED, the name name of the Senator from Minnesota names of the Senator from Hawaii (Mr. of the Senator from Delaware (Mr. (Mr. FRANKEN) was added as a cospon- AKAKA), the Senator from Montana

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.009 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5259 (Mr. BAUCUS), the Senator from Colo- spect to information provided to the Our bill will increase the per viola- rado (Mr. BENNET), the Senator from Bureau of Consumer Financial Protec- tion cap for the most egregious securi- New Mexico (Mr. BINGAMAN), the Sen- tion, and for other purposes. ties laws violations to $1 million per of- ator from Connecticut (Mr. S. RES. 494 fense for individuals and $10 million BLUMENTHAL), the Senator from Cali- At the request of Mr. CORNYN, the per offense for entities. This will help fornia (Mrs. BOXER), the Senator from name of the Senator from Maine (Ms. ensure that the SEC’s most severe, or Ohio (Mr. BROWN), the Senator from COLLINS) was added as a cosponsor of S. ‘‘tier three,’’ penalties will help deter Washington (Ms. CANTWELL), the Sen- Res. 494, a resolution condemning the people from engaging in the most seri- ator from Maryland (Mr. CARDIN), the Government of the Russian Federation ous offenses, rather than have such Senator from Delaware (Mr. CARPER), for providing weapons to the regime of wrongdoing be viewed as just the cost the Senator from Pennsylvania (Mr. President Bashar al-Assad of Syria. of doing business. Under existing law, CASEY), the Senator from Delaware f the SEC can only penalize individual (Mr. COONS), the Senator from Illinois STATEMENTS ON INTRODUCED securities law violators a maximum of (Mr. DURBIN), the Senator from Cali- BILLS AND JOINT RESOLUTIONS $150,000 per offense and institutions fornia (Mrs. FEINSTEIN), the Senator $725,000 per offense. from Minnesota (Mr. FRANKEN), the By Mr. REED (for himself and Our bill will also toughen penalties Senator from New York (Mrs. GILLI- Mr. GRASSLEY): by allowing penalties equal to three BRAND), the Senator from North Caro- S. 3416. A bill to enhance civil pen- times the economic gain of the viola- lina (Mrs. HAGAN), the Senator from alties under the Federal securities tor. It also provides a new calculation Iowa (Mr. HARKIN), the Senator from laws, and for other purposes; to the method that includes the amount of as- Hawaii (Mr. INOUYE), the Senator from Committee on Banking, Housing, and sociated investor losses as part of the South Dakota (Mr. JOHNSON), the Sen- Urban Affairs. penalty determination. This should Mr. REED. Today I am introducing ator from Massachusetts (Mr. KERRY), allow the SEC to address situations bipartisan legislation to address a mat- the Senator from Minnesota (Ms. KLO- where the actual economic gain to the ter that I explored as chairman of the BUCHAR), the Senator from Wisconsin violator is relatively small compared Banking Subcommittee on Securities, (Mr. KOHL), the Senator from Lou- to the extent of the wrongdoing or the isiana (Ms. LANDRIEU), the Senator Insurance, and Investment. During a series of hearings, it became increas- harm caused to investors. from New Jersey (Mr. LAUTENBERG), In the recent case involving ingly clear to me that in order to pro- the Senator from Vermont (Mr. Citigroup, existing law did not even en- LEAHY), the Senator from Michigan tect taxpayers and investors, we need tougher anti-fraud laws and better title the SEC to recover the amount (Mr. LEVIN), the Senator from Con- oversight of Wall Street. Some of these actually lost by investors. Estimated necticut (Mr. LIEBERMAN), the Senator institutions that are ‘‘too big to fail’’ investors losses were about $700 mil- from West Virginia (Mr. MANCHIN), the have also become ‘‘too big to care.’’ We lion, but the SEC proposed to settle the Senator from New Jersey (Mr. MENEN- need to end the cycle of misconduct case with Citigroup for only $285 mil- DEZ), the Senator from Oregon (Mr. where such institutions can look at the lion. This amount was what was esti- MERKLEY), the Senator from Maryland bottom line and see they can break the mated to be close to the total mone- (Ms. MIKULSKI), the Senator from law, get caught, pay a nominal fine, tary recovery that the SEC itself could Washington (Mrs. MURRAY), the Sen- and still profit. have obtained if it had gone to trial. ator from Florida (Mr. NELSON), the At a Securities and Exchange Com- Under our bill, this amount could have Senator from Nebraska (Mr. NELSON), mission, SEC, oversight hearing I held been much larger, and would have the Senator from Arkansas (Mr. in November 2011, I asked Robert taken into account the economic gain PRYOR), the Senator from Rhode Island Khuzami, director of the Division of to Citigroup, in addition to investor (Mr. REED), the Senator from Nevada Enforcement at the SEC, why a re- losses. (Mr. REID), the Senator from West Vir- cently proposed settlement with Recent reports have highlighted the ginia (Mr. ROCKEFELLER), the Senator Citigroup had been thrown out by a level of repeat offenses that have oc- from Vermont (Mr. SANDERS), the Sen- Federal judge in the Southern District curred on Wall Street and gone un- ator from New York (Mr. SCHUMER), of New York, who believed it to be checked. The SEC Penalties Act in- the Senator from New Hampshire (Mrs. egregiously low. Mr. Khuzami replied cludes two statutory changes that SHAHEEN), the Senator from Michigan that the SEC’s ability to assess pen- would substantially improve the abil- (Ms. STABENOW), the Senator from New alties was actually limited by the stat- ity of the SEC’s enforcement program Mexico (Mr. UDALL), the Senator from ute. In follow-up questions, I directly to ratchet up penalties as recidivism Rhode Island (Mr. WHITEHOUSE), and asked if Congress should consider rais- occurs. the Senator from Oregon (Mr. WYDEN) ing these limits, especially in cases in- One would allow the SEC to triple were added as cosponsors of S. 3372, a volving repeated offenders. I subse- the applicable penalty cap for recidi- bill to amend section 704 of title 18, quently received a letter from SEC vists who, within the preceding five United States Code. Chairman Schapiro, and written an- years, have been criminally convicted S. 3392 swers from Mr. Khuzami, supporting of securities fraud or been the subject At the request of Mr. BROWN of Ohio, the need to raise the limits and make of a judgment or order imposing mone- the names of the Senator from Hawaii other improvements to the SEC civil tary, equitable, or administrative re- (Mr. INOUYE) and the Senator from enforcement statute. lief in any action alleging SEC fraud. Michigan (Ms. STABENOW) were added As a result, I am introducing today The other would allow the SEC to as cosponsors of S. 3392, a bill to amend with my colleague, Senator CHUCK seek a civil penalty if an individual or the Securities Exchange Act of 1934, to GRASSLEY, the Stronger Enforcement entity has violated an existing federal require the disclosure of the total num- of Civil Penalties Act of 2012 or the court injunction or bar imposed by the ber of the domestic and foreign em- SEC Penalties Act. This bill will SEC. Many believe this approach would ployers of issuers. strengthen the ability of the SEC to be more efficient, effective, and flexi- S. 3394 crack down on violations of securities ble than the current civil contempt At the request of Mr. JOHNSON of laws by updating its civil penalties remedy. South Dakota, the names of the Sen- statute. This legislation will ensure Finally, under the SEC Penalties ator from Alaska (Mr. BEGICH), the that the punishment better fits the Act, the penalty relief available in ad- Senator from Illinois (Mr. KIRK), the crime by increasing the statutory lim- ministrative proceedings will be the Senator from New Jersey (Mr. MENEN- its on civil monetary penalties, di- same as it is in district court. In es- DEZ), and the Senator from Florida rectly linking the size of these pen- sence, the SEC will be able to assess (Mr. NELSON) were added as cosponsors alties to the scope of harm and associ- these types of penalties in-house, and of S. 3394, a bill to address fee disclo- ated investor losses, and substantially not just obtain them in federal court. sure requirements under the Electronic raising the financial stakes for repeat Given the JP Morgan trading scan- Fund Transfer Act, to amend the Fed- offenders of our nation’s securities dal, issues arising from the Facebook eral Deposit Insurance Act with re- laws. IPO, and the manipulation of LIBOR, it

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The (C) in subparagraph (C), by striking ‘‘great- (B) in subparagraph (B)— er of (i) $100,000 for a natural person or (i) by striking ‘‘$50,000’’ and inserting nearly one-half of all U.S. households $500,000 for any other person, or (ii) the gross that own securities deserve a strong ‘‘$100,000’’; and amount of pecuniary gain to such defendant (ii) by striking ‘‘$250,000’’ and inserting cop on the beat that has the tools it as a result of the violation’’ and inserting ‘‘$500,000’’; and needs to go after fraudsters and the dif- the following: ‘‘greater of— (C) by amending subparagraph (C) to read ficult cases arising from our increas- ‘‘(i) $1,000,000 for a natural person or as follows: ingly complex financial markets. Our $10,000,000 for any other person; ‘‘(C) THIRD TIER.—Notwithstanding sub- economy’s success depends in no small ‘‘(ii) 3 times the gross amount of pecuniary paragraphs (A) and (B), the amount of pen- part on restoring confidence in our cap- gain to such defendant as a result of the vio- alty for each such act or omission shall not lation; or exceed the greater of— ital markets. ‘‘(iii) the amount of losses incurred by vic- ‘‘(i) $1,000,000 for a natural person or The SEC Penalties Act will help by tims as a result of the violation’’. $10,000,000 for any other person; giving the SEC more tools to demand (b) SECURITIES EXCHANGE ACT OF 1934.— ‘‘(ii) 3 times the gross amount of pecuniary meaningful accountability from Wall (1) MONEY PENALTIES IN CIVIL ACTIONS.— Street. It will enhance the SEC’s abil- Section 21(d)(3)(B) of the Securities Ex- gain to the person who committed the act or change Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is omission; or ity to protect investors and crack down ‘‘(iii) the amount of losses incurred by vic- on fraud and I urge my colleagues to amended— (A) in clause (i)— tims as a result of the act or omission, if— cosponsor and join us in supporting (i) by striking ‘‘$5,000’’ and inserting ‘‘(I) the act or omission described in para- this important legislation. ‘‘$10,000’’; and graph (1) involved fraud, deceit, manipula- Mr. President, I ask unanimous con- (ii) by striking ‘‘$50,000’’ and inserting tion, or deliberate or reckless disregard of a sent that the text of the bill be printed ‘‘$100,000’’; regulatory requirement; and in the RECORD. (B) in clause (ii)— ‘‘(II) such act or omission directly or indi- There being no objection, the text of (i) by striking ‘‘$50,000’’ and inserting rectly resulted in substantial losses or cre- the bill was ordered to be printed in ‘‘$100,000’’; and ated a significant risk of substantial losses the RECORD, as follows: (ii) by striking ‘‘$250,000’’ and inserting to other persons or resulted in substantial ‘‘$500,000’’; and S. 3416 pecuniary gain to the person who committed (C) in clause (iii), by striking ‘‘greater of the act or omission.’’. Be it enacted by the Senate and House of Rep- (I) $100,000 for a natural person or $500,000 for (2) MONEY PENALTIES IN CIVIL ACTIONS.— resentatives of the United States of America in any other person, or (II) the gross amount of Section 42(e)(2) of the Investment Company Congress assembled, pecuniary gain to such defendant as a result Act of 1940 (15 U.S.C. 80a–41(e)(2)) is amend- SECTION 1. SHORT TITLE. of the violation’’ and inserting the following: ed— This Act may be cited as the ‘‘Stronger ‘‘greater of— (A) in subparagraph (A)— Enforcement of Civil Penalties Act of 2012’’. ‘‘(I) $1,000,000 for a natural person or (i) by striking ‘‘$5,000’’ and inserting SEC. 2. UPDATED CIVIL MONEY PENALTIES FOR $10,000,000 for any other person; ‘‘$10,000’’; and SECURITIES LAWS VIOLATIONS. ‘‘(II) 3 times the gross amount of pecuniary (ii) by striking ‘‘$50,000’’ and inserting (a) SECURITIES ACT OF 1933.— gain to such defendant as a result of the vio- ‘‘$100,000’’; (1) MONEY PENALTIES IN ADMINISTRATIVE AC- lation; or TIONS.—Section 8A(g)(2) of the Securities Act ‘‘(III) the amount of losses incurred by vic- (B) in subparagraph (B)— of 1933 (15 U.S.C. 77h–1(g)(2)) is amended— tims as a result of the violation’’. (i) by striking ‘‘$50,000’’ and inserting (A) in subparagraph (A)— (2) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘$100,000’’; and (i) by striking ‘‘$7,500’’ and inserting TIONS.—Section 21B(b) of the Securities Ex- (ii) by striking ‘‘$250,000’’ and inserting ‘‘$10,000’’; and change Act of 1934 (15 U.S.C. 78u–2(b)) is ‘‘$500,000’’; and (ii) by striking ‘‘$75,000’’ and inserting amended— (C) in subparagraph (C), by striking ‘‘great- ‘‘$100,000’’; (A) in paragraph (1)— er of (i) $100,000 for a natural person or (B) in subparagraph (B)— (i) by striking ‘‘$5,000’’ and inserting $500,000 for any other person, or (ii) the gross (i) by striking ‘‘$75,000’’ and inserting ‘‘$10,000’’; and amount of pecuniary gain to such defendant ‘‘$100,000’’; and (ii) by striking ‘‘$50,000’’ and inserting as a result of the violation’’ and inserting (ii) by striking ‘‘$375,000’’ and inserting ‘‘$100,000’’; the following: ‘‘greater of— ‘‘$500,000’’; and (B) in paragraph (2)— ‘‘(i) $1,000,000 for a natural person or (C) by amending subparagraph (C) to read (i) by striking ‘‘$50,000’’ and inserting $10,000,000 for any other person; as follows: ‘‘$100,000’’; and ‘‘(ii) 3 times the gross amount of pecuniary ‘‘(C) THIRD TIER.—Notwithstanding sub- (ii) by striking ‘‘$250,000’’ and inserting gain to such defendant as a result of the vio- paragraphs (A) and (B), the amount of pen- ‘‘$500,000’’; and lation; or alty for each such act or omission shall not (C) by amending paragraph (3) to read as ‘‘(iii) the amount of losses incurred by vic- exceed the greater of— follows: tims as a result of the violation’’. ‘‘(i) $1,000,000 for a natural person or ‘‘(3) THIRD TIER.—Notwithstanding para- (d) INVESTMENT ADVISERS ACT OF 1940.— $10,000,000 for any other person; graphs (1) and (2), the amount of penalty for (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(ii) 3 times the gross amount of pecuniary each such act or omission shall not exceed TIONS.—Section 203(i)(2) of the Investment gain to the person who committed the act or the greater of— Advisers Act of 1940 (15 U.S.C. 80b–3(i)(2)) is omission; or ‘‘(A) $1,000,000 for a natural person or amended— ‘‘(iii) the amount of losses incurred by vic- $10,000,000 for any other person; tims as a result of the act or omission, if— ‘‘(B) 3 times the gross amount of pecuniary (A) in subparagraph (A)— ‘‘(I) the act or omission described in para- gain to the person who committed the act or (i) by striking ‘‘$5,000’’ and inserting graph (1) involved fraud, deceit, manipula- omission; or ‘‘$10,000’’; and tion, or deliberate or reckless disregard of a ‘‘(C) the amount of losses incurred by vic- (ii) by striking ‘‘$50,000’’ and inserting regulatory requirement; and tims as a result of the act or omission, if— ‘‘$100,000’’; ‘‘(II) such act or omission directly or indi- ‘‘(i) the act or omission described in sub- (B) in subparagraph (B)— rectly resulted in— section (a) involved fraud, deceit, manipula- (i) by striking ‘‘$50,000’’ and inserting ‘‘(aa) substantial losses or created a sig- tion, or deliberate or reckless disregard of a ‘‘$100,000’’; and nificant risk of substantial losses to other regulatory requirement; and (ii) by striking ‘‘$250,000’’ and inserting persons; or ‘‘(ii) such act or omission directly or indi- ‘‘$500,000’’; and ‘‘(bb) substantial pecuniary gain to the rectly resulted in substantial losses or cre- (C) by amending subparagraph (C) to read person who committed the act or omission.’’. ated a significant risk of substantial losses as follows: (2) MONEY PENALTIES IN CIVIL ACTIONS.— to other persons or resulted in substantial ‘‘(C) THIRD TIER.—Notwithstanding sub- Section 20(d)(2) of the Securities Act of 1933 pecuniary gain to the person who committed paragraphs (A) and (B), the amount of pen- (15 U.S.C. 77t(d)(2)) is amended— the act or omission.’’. alty for each such act or omission shall not (A) in subparagraph (A)— (c) INVESTMENT COMPANY ACT OF 1940.— exceed the greater of— (i) by striking ‘‘$5,000’’ and inserting (1) MONEY PENALTIES IN ADMINISTRATIVE AC- ‘‘(i) $1,000,000 for a natural person or ‘‘$10,000’’; and TIONS.—Section 9(d)(2) of the Investment $10,000,000 for any other person; (ii) by striking ‘‘$50,000’’ and inserting Company Act of 1940 (15 U.S.C. 80a–9(d)(2)) is ‘‘(ii) 3 times the gross amount of pecuniary ‘‘$100,000’’; amended— gain to the person who committed the act or (B) in subparagraph (B)— (A) in subparagraph (A)— omission; or (i) by striking ‘‘$50,000’’ and inserting (i) by striking ‘‘$5,000’’ and inserting ‘‘(iii) the amount of losses incurred by vic- ‘‘$100,000’’; and ‘‘$10,000’’; and tims as a result of the act or omission, if—

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‘‘(I) the act or omission described in para- (15 U.S.C. 78u–2(b)) is amended by adding at ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- graph (1) involved fraud, deceit, manipula- the end the following: LATION OF AN INJUNCTION OR CERTAIN OR- tion, or deliberate or reckless disregard of a ‘‘(4) FOURTH TIER.—Notwithstanding para- DERS.— regulatory requirement; and graphs (1), (2), and (3), the maximum amount ‘‘(A) IN GENERAL.—Each separate violation ‘‘(II) such act or omission directly or indi- of penalty for each such act or omission of an injunction or order described in sub- rectly resulted in substantial losses or cre- shall be 3 times the otherwise applicable paragraph (B) shall be a separate offense, ex- ated a significant risk of substantial losses amount in such paragraphs if, within the 5- cept that in the case of a violation through to other persons or resulted in substantial year period preceding such act or omission, a continuing failure to comply with such in- pecuniary gain to the person who committed the person who committed the act or omis- junction or order, each day of the failure to the act or omission.’’. sion was criminally convicted for securities comply with the injunction or order shall be (2) MONEY PENALTIES IN CIVIL ACTIONS.— fraud or became subject to a judgment or deemed a separate offense. Section 209(e)(2) of the Investment Advisers order imposing monetary, equitable, or ad- ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- Act of 1940 (15 U.S.C. 80b–9(e)(2)) is amend- ministrative relief in any Commission action graph (A) shall apply with respect to any ac- ed— alleging fraud by that person.’’. tion to enforce— (A) in subparagraph (A)— (c) INVESTMENT COMPANY ACT OF 1940.— ‘‘(i) a Federal court injunction obtained (i) by striking ‘‘$5,000’’ and inserting (1) INELIGIBILITY OF CERTAIN UNDERWRITERS pursuant to this title; ‘‘$10,000’’; and AND AFFILIATES.—Section 9(d)(2) of the In- ‘‘(ii) an order entered or obtained by the (ii) by striking ‘‘$50,000’’ and inserting vestment Company Act of 1940 (15 U.S.C. 80a– Commission pursuant to this title that bars, ‘‘$100,000’’; 9(d)(2)) is amended by adding at the end the suspends, places limitations on the activities (B) in subparagraph (B)— following: or functions of, or prohibits the activities of, (i) by striking ‘‘$50,000’’ and inserting ‘‘(D) FOURTH TIER.—Notwithstanding sub- a person; or ‘‘$100,000’’; and paragraphs (A), (B), and (C), the maximum ‘‘(iii) a cease-and-desist order entered by (ii) by striking ‘‘$250,000’’ and inserting amount of penalty for each such act or omis- the Commission pursuant to section 8A.’’. ‘‘$500,000’’; and sion shall be 3 times the otherwise applicable (b) SECURITIES EXCHANGE ACT OF 1934.— amount in such subparagraphs if, within the (C) in subparagraph (C), by striking ‘‘great- Section 21(d)(3) of the Securities Exchange 5-year period preceding such act or omission, er of (i) $100,000 for a natural person or Act of 1934 (15 U.S.C. 78u(d)(3)) is amended— $500,000 for any other person, or (ii) the gross the person who committed the act or omis- (1) in subparagraph (A), by inserting after amount of pecuniary gain to such defendant sion was criminally convicted for securities ‘‘the rules or regulations thereunder,’’ the as a result of the violation’’ and inserting fraud or became subject to a judgment or following: ‘‘a Federal court injunction or a the following: ‘‘greater of— order imposing monetary, equitable, or ad- bar obtained or entered by the Commission ‘‘(i) $1,000,000 for a natural person or ministrative relief in any Commission action under this title,’’; and $10,000,000 for any other person; alleging fraud by that person.’’. (2) by amending subparagraph (D) to read ‘‘(ii) 3 times the gross amount of pecuniary (2) ENFORCEMENT.—Section 42(e)(2) of the as follows: gain to such defendant as a result of the vio- Investment Company Act of 1940 (15 U.S.C. ‘‘(D) SPECIAL PROVISIONS RELATING TO A lation; or 80a–41(e)(2)) is amended by adding at the end VIOLATION OF AN INJUNCTION OR CERTAIN OR- ‘‘(iii) the amount of losses incurred by vic- the following: DERS.— tims as a result of the violation’’. ‘‘(D) FOURTH TIER.—Notwithstanding sub- ‘‘(i) IN GENERAL.—Each separate violation SEC. 3. PENALTIES FOR RECIDIVISTS. paragraphs (A), (B), and (C), the maximum of an injunction or order described in clause (a) SECURITIES ACT OF 1933.— amount of penalty for each such violation (ii) shall be a separate offense, except that in (1) CEASE-AND-DESIST PROCEEDINGS.—Sec- shall be 3 times the otherwise applicable the case of a violation through a continuing tion 8A(g)(2) of the Securities Act of 1933 (15 amount in such subparagraphs if, within the U.S.C. 77h–1(g)(2)) is amended by adding at 5-year period preceding such violation, the failure to comply with such injunction or the end the following: defendant was criminally convicted for secu- order, each day of the failure to comply with the injunction or order shall be deemed a ‘‘(D) FOURTH TIER.—Notwithstanding sub- rities fraud or became subject to a judgment paragraphs (A), (B), and (C), the maximum or order imposing monetary, equitable, or separate offense. amount of penalty for each such act or omis- administrative relief in any Commission ac- ‘‘(ii) INJUNCTIONS AND ORDERS.—Clause (i) sion shall be 3 times the otherwise applicable tion alleging fraud by that defendant.’’. shall apply with respect to an action to en- amount in such subparagraphs if, within the (d) INVESTMENT ADVISERS ACT OF 1940.—The force— 5-year period preceding such act or omission, Investment Advisers Act of 1940 (15 U.S.C. ‘‘(I) a Federal court injunction obtained the person who committed the act or omis- 80b–1 et seq.) is amended— pursuant to this title; sion was criminally convicted for securities (1) in section 203(i)(2) (15 U.S.C. 80b–3(i)(2)), ‘‘(II) an order entered or obtained by the fraud or became subject to a judgment or by adding at the end the following: Commission pursuant to this title that bars, order imposing monetary, equitable, or ad- ‘‘(D) FOURTH TIER.—Notwithstanding sub- suspends, places limitations on the activities ministrative relief in any Commission action paragraphs (A), (B), and (C), the maximum or functions of, or prohibits the activities of, alleging fraud by that person.’’. amount of penalty for each such act or omis- a person; or (2) INJUNCTIONS AND PROSECUTION OF OF- sion shall be 3 times the otherwise applicable ‘‘(III) a cease-and-desist order entered by FENSES.—Section 20(d)(2) of the Securities amount in such subparagraphs if, within the the Commission pursuant to section 21C.’’. Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by 5-year period preceding such act or omission, (c) INVESTMENT COMPANY ACT OF 1940.—Sec- adding at the end the following: the person who committed the act or omis- tion 42(e) of the Investment Company Act of ‘‘(D) FOURTH TIER.—Notwithstanding sub- sion was criminally convicted for securities 1940 (15 U.S.C. 80a–41(e)) is amended— paragraphs (A), (B), and (C), the maximum fraud or became subject to a judgment or (1) in paragraph (1), by inserting after ‘‘the amount of penalty for each such violation order imposing monetary, equitable, or ad- rules or regulations thereunder,’’ the fol- shall be 3 times the otherwise applicable ministrative relief in any Commission action lowing: ‘‘a Federal court injunction or a bar amount in such subparagraphs if, within the alleging fraud by that person.’’; and obtained or entered by the Commission 5-year period preceding such violation, the (2) in section 209(e)(2) (15 U.S.C. 80b–9(e)(2)) under this title,’’; and defendant was criminally convicted for secu- by adding at the end the following: (2) by amending paragraph (4) to read as rities fraud or became subject to a judgment ‘‘(D) FOURTH TIER.—Notwithstanding sub- follows: or order imposing monetary, equitable, or paragraphs (A), (B), and (C), the maximum ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- administrative relief in any Commission ac- amount of penalty for each such violation LATION OF AN INJUNCTION OR CERTAIN OR- tion alleging fraud by that defendant.’’. shall be 3 times the otherwise applicable DERS.— (b) SECURITIES EXCHANGE ACT OF 1934.— amount in such subparagraphs if, within the ‘‘(A) IN GENERAL.—Each separate violation (1) CIVIL ACTIONS.—Section 21(d)(3)(B) of 5-year period preceding such violation, the of an injunction or order described in sub- the Securities Exchange Act of 1934 (15 defendant was criminally convicted for secu- paragraph (B) shall be a separate offense, ex- U.S.C. 78u(d)(3)(B)) is amended by adding at rities fraud or became subject to a judgment cept that in the case of a violation through the end the following: or order imposing monetary, equitable, or a continuing failure to comply with such in- ‘‘(iv) FOURTH TIER.—Notwithstanding administrative relief in any Commission ac- junction or order, each day of the failure to clauses (i), (ii), and (iii), the maximum tion alleging fraud by that defendant.’’. comply with the injunction or order shall be amount of penalty for each such violation SEC. 4. VIOLATIONS OF INJUNCTIONS AND BARS. deemed a separate offense. shall be 3 times the otherwise applicable (a) SECURITIES ACT OF 1933.—Section 20(d) ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- amount in such clauses if, within the 5-year of the Securities Act of 1933 (15 U.S.C. 77t(d)) graph (A) shall apply with respect to any ac- period preceding such violation, the defend- is amended— tion to enforce— ant was criminally convicted for securities (1) in paragraph (1), by inserting after ‘‘the ‘‘(i) a Federal court injunction obtained fraud or became subject to a judgment or rules or regulations thereunder,’’ the fol- pursuant to this title; order imposing monetary, equitable, or ad- lowing: ‘‘a Federal court injunction or a bar ‘‘(ii) an order entered or obtained by the ministrative relief in any Commission action obtained or entered by the Commission Commission pursuant to this title that bars, alleging fraud by that defendant.’’. under this title,’’; and suspends, places limitations on the activities (2) ADMINISTRATIVE PROCEEDINGS.—Section (2) by amending paragraph (4) to read as or functions of, or prohibits the activities of, 21B(b) of the Securities Exchange Act of 1934 follows: a person; or

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.014 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5262 CONGRESSIONAL RECORD — SENATE July 23, 2012 ‘‘(iii) a cease-and-desist order entered by In civilian medical training courses, Wood, and Pawcatuck Rivers in the the Commission pursuant to section 9(f).’’. which teach many of the same proce- States of Connecticut and Rhode Island (d) INVESTMENT ADVISERS ACT OF 1940.— dures as the military, simulators have for study for potential addition to the Section 209(e) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–9(e)) is amended— almost universally replaced the use of National Wild and Scenic Rivers Sys- (1) in paragraph (1), by inserting after ‘‘the live animals. The reason for this is tem, and for other purposes; to the rules or regulations thereunder,’’ the fol- simple; to learn how to treat human in- Committee on Energy and Natural Re- lowing: ‘‘a federal court injunction or a bar juries, you must learn on human anat- sources. obtained or entered by the Commission omy. Medical simulation can now rep- Mr. REED. Mr. President, today I am under this title,’’; and licate that anatomy while providing introducing, along with my colleagues (2) by amending paragraph (4) to read as the emotional and psychological pres- from Rhode Island and Connecticut, follows: sure of working on a living, wounded Senators WHITEHOUSE and LIEBERMAN, ‘‘(4) SPECIAL PROVISIONS RELATING TO A VIO- legislation to authorize the National LATION OF AN INJUNCTION OR CERTAIN OR- soldier. DERS.— Let me say that I applaud the invest- Park Service to study specific sections ‘‘(A) IN GENERAL.—Each separate violation ments that the Department of Defense of the Beaver, Chipuxet, Queen, Wood, of an injunction or order described in sub- has made in the area of simulation. No and Pawcatuck Rivers in Rhode Island paragraph (B) shall be a separate offense, ex- one has invested more in simulation and Connecticut for potential addition cept that in the case of a violation through technology than the Military. But the to the National Wild and Scenic Rivers a continuing failure to comply with such in- problem that I see is that despite mil- System. Our legislation seeks to bring junction or order, each day of the failure to lions of dollars in investments, simu- greater attention to and resources for comply with the injunction or order shall be deemed a separate offense. lator technology is not being fully uti- efforts to protect and restore the ‘‘(B) INJUNCTIONS AND ORDERS.—Subpara- lized. health of these rivers through the eval- graph (A) shall apply with respect to any ac- Speaking of costs, in addition to pro- uation of their recreational, natural, tion to enforce— viding superior training and reducing and historical qualities and whether ‘‘(i) a Federal court injunction obtained animal suffering, a move away from they are suitable for designation as pursuant to this title; live tissue training would save tax- Wild and Scenic Rivers. ‘‘(ii) an order entered or obtained by the payer dollars. Due to the many hidden The recreational and scenic wealth of Commission pursuant to this title that bars, costs of animal use, such as housing the Wood-Pawcatuck watershed is a suspends, places limitations on the activities natural treasure. The National Park or functions of, or prohibits the activities of, and feeding the animals, purchasing a person; or drugs for euthanasia and anesthesia, Service’s Rivers and Trails Conserva- ‘‘(iii) a cease-and-desist order entered by and keeping a veterinarian on staff, tion Assistance program conducted a the Commission pursuant to section 203(k).’’. simulation can offer a better training planning and conservation study in the experience at a lower cost. 1980s which concluded, in part, that the By Mr. WYDEN: But at the end of the day this is waters of the Wood and Pawcatuck S. 3418. A bill to amend title 10, about providing the best possible train- Rivers corridor in Rhode Island ‘‘are United States Code, to require the Sec- ing for our troops, because in military the cleanest and purest and its rec- retary of Defense to use only human- medicine the difference between the reational opportunities are unparal- based methods for training members of best training and the next best can lit- leled by any other river system in the the Armed Forces in the treatment of erally mean the difference between life state.’’ severe combat injuries; to the Com- and death. These rivers also provide opportuni- mittee on Armed Services. For these reasons I introduced today ties for outdoor recreation and tourism Mr. WYDEN. Mr. President, I rise the Battlefield Excellence through Su- that contribute to the local economy. today to discuss military medical perior Training Practices, or BEST Not only do its rivers provide easy ac- training, and specifically, the use of Practices Act. This legislation lays out cess to the wilderness for family out- live animals in trauma training. ings and school field trips, but they Many Americans may be unaware a timeline for the Department of De- also offer ways to explore our heritage that the Military still uses live pigs fense to develop and fully implement throughout the watershed, from Native and goats in combat trauma training innovative simulator technology in courses to train military personnel to medical training, and to phase out live American fishing grounds to Colonial treat battlefield injuries. This is an tissue training on animals in the proc- and early industrial mill ruins. The outdated and inefficient training meth- ess. rivers also provide opportunities for od that does not fully prepare doctors I want to note that I designed this trout fishing, canoeing, bird watching, and medics to treat wounded service legislation with a specific waiver au- and hiking. members. thority for the Secretary of Defense, so I have long supported the protection For many years, medical simulation that if there is a specific procedure and restoration of Southern New Eng- has not been able to provide a training that can only be best taught with live land’s watersheds and estuaries, in- experience superior to animal-based tissue use, that option is not removed. cluding the Narragansett Bay, and this live tissue training, but the newest But the BEST Practices Act is pri- study is an important first step in de- generation of simulators can do just marily designed to engage the Pen- termining future opportunities for pro- that. These simulators are based on tagon to embrace this technology, con- tection and recreational enjoyment of human anatomy and recreate the feel- tinue further development, and incor- the rivers in the Wood-Pawcatuck wa- ing, the sights, and the sounds of treat- porate this technology in military tershed. Our states have been excellent ing a wounded service member. training in all cases where simulators stewards of these rivers, and this study In current military training, live pigs provide the best result. would enhance existing local and State and goats are anesthetized while train- Just as we have seen with other tech- efforts to preserve and manage this ees perform critical procedures on nologies, the advancements in medical open space and its wildlife habitat. them. In some cases, the animals are simulation are increasing at an expo- Indeed, partnerships are key to broad shot in the face or have limbs ampu- nential rate. The capabilities currently restoration and management of our re- tated while the trainees are instructed in place and under development are sources, and it is expected that this to keep them alive as long as possible. truly amazing. The BEST Practices study would be conducted in close co- This is inhumane, but more impor- Act capitalizes on these present and fu- operation with the affected commu- tantly, it is like comparing apples and ture capabilities, and uses them to save nities, state agencies, local govern- oranges—this does not teach service the lives of our service members. ments, and other interested organiza- members how to treat a human soldier, tions. The partnership-based approach only how to operate on a goat or pig. By Mr. REED (for himself, Mr. also allows for development of a pro- And while live tissue training has some LIEBERMAN, and Mr. WHITE- posed river management plan as part of value in getting trainees accustomed HOUSE): the study, which could address issues to the sight of blood, medical simula- S. 3423. A bill to amend the Wild and ranging from fish passage to the res- tion can now do the same, and has be- Scenic Rivers Act to designate a seg- toration of wetlands to assist with come the new gold standard. ment of the Beaver, Chipuxet, Queen, flood mitigation, as well as balance the

VerDate Mar 15 2010 00:50 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JY6.014 S23JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 23, 2012 CONGRESSIONAL RECORD — SENATE S5263 recreational opportunities that con- Whereas, in the declaration on the conduct AMENDMENTS SUBMITTED AND tribute to the local economies with of parties in the South China Sea, the gov- PROPOSED preservation of the natural resources. ernments of the member states of ASEAN and the Government of the People’s Republic SA 2567. Mr. DEMINT submitted an amend- This is a two State initiative that ment intended to be proposed by him to the will encompass both Rhode Island and of China have affirmed ‘‘that the adoption of a code of conduct in the South China Sea bill S. 3364, to provide an incentive for busi- Connecticut, and will help protect nesses to bring jobs back to America; which would further promote peace and stability in was ordered to lie on the table. these resources for future generations the region’’ and have agreed to work towards to enjoy. the attainment of a code of conduct; f I commend Representatives LAN- Whereas, pending the peaceful settlement TEXT OF AMENDMENTS GEVIN and COURTNEY for spearheading of territorial and jurisdictional disputes, the this effort in the other body, and I look member states of ASEAN and the People’s SA 2567. Mr. DEMINT submitted an forward to working with all of my col- Republic of China have committed to ‘‘exer- amendment intended to be proposed by leagues to initiate the process to study cise self-restraint in the conduct of activi- him to the bill S. 3364, to provide an in- the rivers of the Wood-Pawcatuck Wa- ties that would complicate or escalate dis- centive for businesses to bring jobs tershed for inclusion in the National putes and stability, including, among others, back to America; which was ordered to Wild and Scenic Rivers System. refraining from action of inhabiting pres- lie on the table; as follows: ently uninhabited islands, reefs, shoals, and f At the appropriate place, insert the fol- other features and to handle their differences lowing: in a constructive manner’’; SUBMITTED RESOLUTIONS SEC. ll. RIGHT TO WORK. Whereas, pending the peaceful settlement (a) AMENDMENTS TO THE NATIONAL LABOR of territorial and jurisdictional disputes, the RELATIONS ACT.— member states of ASEAN and the People’s SENATE RESOLUTION 524—RE- (1) RIGHTS OF EMPLOYEES.—Section 7 of the Republic of China affirmed their commit- AFFIRMING THE STRONG SUP- National Labor Relations Act (29 U.S.C. 157) PORT OF THE UNITED STATES ment ‘‘to the freedom of navigation in and is amended by striking ‘‘except to’’ and all FOR THE 2002 DECLARATION OF overflight of the South China Sea provided that follows through ‘‘authorized in section CONDUCT OF PARTIES IN THE for by the universally recognized principles 8(a)(3)’’. of international law, including the 1982 UN SOUTH CHINA SEA AMONG THE (2) UNFAIR LABOR PRACTICES.—Section 8 of Convention on the Law of the Sea’’; and the National Labor Relations Act (29 U.S.C. MEMBER STATES OF ASEAN AND Whereas, although not a party to these dis- THE PEOPLE’S REPUBLIC OF 158) is amended— putes, the United States has national inter- (A) in subsection (a)(3), by striking ‘‘: Pro- CHINA, AND FOR OTHER PUR- ests in freedom of navigation, the mainte- vided, That’’ and all that follows through POSES nance of peace and stability, respect for ‘‘retaining membership’’; Mr. KERRY (for himself, Mr. LUGAR, international law, and unimpeded lawful (B) in subsection (b)— commerce: Now, therefore, be it Mr. WEBB, Mr. INHOFE, Mr. LIEBERMAN, (i) in paragraph (2), by striking ‘‘or to discriminate’’ and all that follows through ‘‘re- and Mr. MCCAIN) submitted the fol- Resolved, That the Senate— taining membership’’; and lowing resolution; which was referred (1) reaffirms the strong support of the United States for the 2002 declaration of con- (ii) in paragraph (5), by striking ‘‘covered to the Committee on Foreign Rela- by an agreement authorized under sub- tions: duct of parties in the South China Sea among the member states of ASEAN and the section (a)(3) of this section’’; and S. RES. 524 People’s Republic of China; (C) in subsection (f), by striking clause (2) Whereas the Association of Southeast (2) supports the member states of ASEAN, and redesignating clauses (3) and (4) as Asian Nations (ASEAN) plays a key role in and the Government of the People’s Republic clauses (2) and (3), respectively. (b) AMENDMENT TO THE RAILWAY LABOR strengthening and contributing to peace, of China, as they seek to adopt a legally- ACT.—Section 2 of the Railway Labor Act (45 stability, and prosperity in the Asia-Pacific binding code of conduct of parties in the U.S.C. 152) is amended by striking paragraph region; South China Sea, and urges all countries to Eleven. Whereas the vision of the ASEAN Leaders substantively support ASEAN in its efforts in their goals set out in the ASEAN Charter in this regard; f to integrate ASEAN economically, politi- (3) strongly urges that, pending adoption of NOTICES OF HEARINGS cally, and culturally furthers regional peace, a code of conduct, all parties, consistent stability, and prosperity; with commitments under the declaration of COMMITTEE ON INDIAN AFFAIRS Whereas the United States Government conduct, ‘‘exercise self-restraint in the con- Mr. AKAKA. Mr. President, I would recognizes the importance of a strong, cohe- duct of activities that would complicate or like to announce that the Committee sive, and integrated ASEAN as a foundation escalate disputes and stability, including, on Indian Affairs will meet during the for effective regional frameworks to promote among others, refraining from action of in- peace and security and economic growth and session of the Senate on July 26, 2012, habiting presently uninhabited islands, reefs, to ensure that the Asia-Pacific community in room SD–628 of the Dirksen Senate shoals and other features and to handle their develops according to rules and norms agreed Office Building, at 2:15 p.m., to conduct differences in a constructive manner’’; upon by all of its members; a hearing entitled ‘‘Regulation of Trib- Whereas the United States is enhancing (4) supports a collaborative diplomatic process by all claimants for resolving out- al Gaming: From Brick & Mortar to political, security and economic cooperation the Internet.’’ in Southeast Asia through ASEAN, and standing territorial and jurisdictional disputes, allowing parties to peacefully settle Those wishing additional information seeks to continue to enhance its role in part- may contact the Indian Affairs Com- nership with ASEAN and others in the region claims and disputes using international law; in addressing transnational issues ranging (5) reaffirms the United States commit- mittee at (202) 224–2251. from climate change to maritime security; ment— COMMITTEE ON ENERGY AND NATURAL Whereas the United States Government (A) to assist the nations of Southeast Asia RESOURCES welcomes the development of a peaceful and to remain strong and independent; Mr. BINGAMAN. Mr. President, I prosperous China which respects inter- (B) to help ensure each nation enjoys peace would like to announce for the infor- national norms, international laws, inter- and stability; mation of the Senate and the public (C) to broaden and deepen economic, polit- national institutions, and international that a hearing has been scheduled be- rules, and enhances security and peace, and ical, diplomatic, security, social, and cul- seeks to advance a ‘‘cooperative partner- tural partnership with ASEAN and its mem- fore the Committee on Energy and Nat- ship’’ between the United States and China; ber states; and ural Resources. The hearing will be Whereas ASEAN plays an important role, (D) to promote the institutions of emerg- held on Tuesday, July 31, 2012, at 10 in partnership with others in the regional ing regional architecture and prosperity; and a.m., in room SD–366 of the Dirksen and international community, in addressing (6) supports enhanced operations by the Senate Office Building. maritime security issues in the Asia-Pacific United States armed forces in the Western The purpose of the hearing is to re- region and into the Indian Ocean, including Pacific, including in the South China Sea, ceive testimony on S. 3385, a bill to au- open access to the maritime commons of including in partnership with the armed thorize the Secretary of the Interior to forces of others countries in the region, in Asia; use designated funding to pay for con- Whereas the South China Sea is a vital support of freedom of navigation, the main- part of the maritime commons of Asia, in- tenance of peace and stability, respect for struction of authorized rural water cluding critical sea lanes of communication international law, including the peaceful res- projects, and for other purposes. and commerce between the Pacific and In- olution of issues of sovereignty, and Because of the limited time available dian oceans; unimpeded lawful commerce. for the hearing, witnesses may testify

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HONORING DE’UNA WILSON In the 1960s, the second wave of political when he was only 15 and served our country activism brought an expansion of the suc- during World War II in Germany. In 1967, he HON. BENNIE G. THOMPSON cesses in the fight against gender inequality started his social activism as an original mem- OF MISSISSIPPI with the inclusion of workplace and reproduc- ber, parishioner, and leader at Our Lady of IN THE HOUSE OF REPRESENTATIVES tive rights. The Equal Pay Act was passed in Guadalupe Church in San Jose, where he Monday, July 23, 2012 1963, followed a year later by the creation of gave his time and resources in the fight to im- the Equal Employment Opportunity Commis- prove the community. Mr. THOMPSON of Mississippi. Mr. Speak- sion. The 1965 Supreme Court ruling in Gris- Edward graduated from San Jose State Uni- er, I rise today to honor Ms. De’Una Wilson, wold v. Connecticut struck down state law versity in 1973 and advocated for the estab- the 2012 Valedictorian at Canton High School, banning the use of contraception. And in 1973 lishment of the Educational Opportunity Pro- in Canton, Mississippi. De’Una is the daughter Roe v. Wade granted women the right to pri- gram, EOP, that improves student academic of Mr. Derreco, Sr. and Ms. Regenia Wilson. vacy and to make their own decision to have support of low-income and educationally dis- She was born and raised in Canton and at- an abortion. The passage of landmark Title IX advantaged students. He established the first tends Canton United Methodist Church. in 1972 mandated equal opportunities for alcohol rehabilitation center, Casa Adelante, in De’Una’s accomplishments can be greatly women in higher education. In 2009, President Santa Clara County. His expertise with the attributed to her desire to fulfill her grand- Obama signed into law the Lilly Ledbetter Fair Hispanic Community in need of alcohol reha- mother’s dying wish for her to graduate at the Pay Act, which amends the Civil Rights Act of bilitation services has earned him the respect top of her class. To achieve this, De’Una dedi- 1964 to reset the 180-day statute of limitations and gratitude of our community. cated herself to her academics and completed on equal pay lawsuits every time a discrimina- Edward is survived by his children, Edward, her senior year with an ‘‘A’’ average, earning tory paycheck is issued. Jr., Arlene, Julian, Margaret, Catherine, and her the merit of Class Valedictorian. In addi- These victories over the last 164 years were Julieana; 16 grandchildren; 6 great-grandsons; tion to her academics, De’Una has remained possible because of the foundation laid out by and numerous loving siblings, nieces, and active in her community by volunteering at the the historic Seneca Falls Women’s Rights nephews he loved. He was a much beloved Open Door Community Outreach Center at Convention. son, brother, husband, father, grandfather, Zion Missionary Baptist Church in Canton, and But, unfortunately Mr. Speaker, despite all great-grandfather, and pillar of the community. working a part-time job. of these achievements, there is still a substan- We honor and mourn the passing of Edward De’Una has been accepted into the Engi- tial amount of work to do. I have witnessed, Ramirez, Sr. We thank Edward for his invalu- neering Program at Jackson State University over the last few years, efforts by my col- able service to our community and applaud his where she earned a full scholarship. leagues across the aisle begin to roll back numerous contributions to the economically Mr. Speaker, I ask our colleagues to join me many of these hard won rights. We have seen disadvantaged. We are very fortunate to have in recognizing Ms. De’Una Wilson in being the attempt to strip women of their reproduc- benefited from his passion, advocacy, and te- Valedictorian of Canton High School’s 2012 tive rights and of their right to choose. We nacity. He has left his mark in San Jose and graduating class. have seen attempts to strip funding for family the larger community. f planning programs. We have seen attempts to f IN COMMEMORATION OF THE redefine rape, in a way that turns the innocent IN HONOR OF GEORGE MCGOVERN SENECA FALLS CONVENTION into an ‘‘accuser’’ rather than a victim. ON THE OCCASION OF HIS 90TH Let us not allow the 72-year struggle for BIRTHDAY HON. LAURA RICHARDSON women’s suffrage, and the 164-year battle for OF CALIFORNIA women’s rights to be in vain. We must resist and defeat those who would wage war on HON. DENNIS J. KUCINICH IN THE HOUSE OF REPRESENTATIVES OF OHIO women. Let us not allow a War on Women to IN THE HOUSE OF REPRESENTATIVES Monday, July 23, 2012 continue to permit violence against women, Ms. RICHARDSON. Mr. Speaker, I rise workplace discrimination, and disparate Monday, July 23, 2012 today to recognize the anniversary of the first wages. Women, indeed, and all Americans Mr. KUCINICH. Mr. Speaker, I rise today to Women’s Rights Convention in history, held in must stand for what is right and honor our Na- honor George McGovern who is celebrating Seneca Falls, New York in 1848. This tion’s maxim of freedom and liberty for all. We his 90th birthday and to thank him for his groundbreaking convention spanned two days must remember the Seneca Falls Convention many years of service and dedication to social and six sessions, and is considered by many and fight for the principle of equality that justice. to mark the beginning of the Women’s Suf- serves as the foundation of our great Nation. McGovern was a steadfast student at Da- frage Movement in America. f kota Wesleyan University, where he was elect- The Seneca Falls Convention was attended ed school president twice. Following his serv- by such important figures as Elizabeth Cady CELEBRATING THE LIFE OF ice during WWII, McGovern enrolled at North- Stanton, Lucretia Mott, and Frederick Doug- EDWARD RAMIREZ, SR. western University where he earned M.A. and lass. It was there that these luminaries Ph.D. degrees in government and American mapped out the strategy to liberate and em- HON. ZOE LOFGREN history. power future generations to come. It was there OF CALIFORNIA In 1956, McGovern was elected to the U.S. that these women debated Elizabeth Cady IN THE HOUSE OF REPRESENTATIVES House of Representatives where he spent two Stanton’s Declaration of Sentiments, regarded terms as an advocate to the American farmer. by Frederick Douglass as the ‘‘grand basis for Monday, July 23, 2012 Continuing on his mission of social justice attaining the civil, social, political, and religious Ms. ZOE LOFGREN of California. Mr. McGovern was named Director of the Food for rights of women.’’ Speaker, I rise to recognize the accomplish- Peace Program by President John F. Ken- Since the launch of the first wave of political ments and celebrate the life of Edward Rami- nedy, leading efforts to donate food to devel- activism at the Seneca Falls convention, wom- rez, Sr. oping countries. As a U.S. Senator from South en’s rights activists have fought tirelessly for Edward Ramirez, Sr. was born on March 1, Dakota, McGovern made an immediate impact equality and independence and have vigilantly 1930 to Bernardina and Pedro Ramirez and by challenging the U.S. military involvement in guarded and protected these hard won gains. he recently passed away peacefully on July Vietnam, and by being named Chairman of From 1848–1895, states passed laws that ex- 13, 2012. He was surrounded by his family in the Senate Select Committee on Nutrition and tensively expanded the property rights of mar- his final moments. Human Needs. He held office for three terms ried women. And in 1920, women finally As a young boy, Edward Ramirez, Sr. during which time he continued challenging earned the right to vote. worked in the fields of San Jose. He enlisted the Vietnam War.

∑ 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 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.001 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1296 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2012 After leaving the Senate and after his bids IN RECOGNITION OF SERGEANT TRIBUTE TO DENNIS AND JEAN for president, McGovern served as the 6th CHRISTOPHE RUSTICI’S SERVICE DORTON United States Ambassador to the United Na- TO OUR COUNTRY WITH THE tions Agencies for Food and Agriculture during UNITED STATES MARINE CORP the Clinton Administration. In 2001, McGovern HON. HAROLD ROGERS was appointed as the first UN Global Ambas- OF KENTUCKY sador on World Hunger and continues to be a HON. FRANK C. GUINTA leading advocate in the fight against hunger OF NEW HAMPSHIRE IN THE HOUSE OF REPRESENTATIVES around the world. IN THE HOUSE OF REPRESENTATIVES Monday, July 23, 2012 Throughout his storied career both in Con- gress and as a leading voice against world Monday, July 23, 2012 Mr. ROGERS of Kentucky. Mr. Speaker, I hunger, McGovern has been honored count- Mr. GUINTA. Mr. Speaker, it is with great rise today to pay tribute to Dennis T. Dorton, less times. He has received more than ten pleasure that I thank Sergeant Christophe the President and Chief Executive Officer at honorary degrees and is the recipient of a Rustici for his brave and honorable service to Citizens National Bank, in honor of his retire- Presidential Medal of Freedom, a Gandhi our country with the United States Marine ment after contributing more than 42 years of Peace Award and a National Peacemaker Corps. banking excellence. I also would like to recog- Award from the National Conflict Resolution nize Dennis’ wife, Jean Dorton, and honor her Center. Sgt. Rustici has served with the Marine for her strong leadership and service to the Mr. Speaker and colleagues, please join me Corps since May of 2006 when he enlisted as Commonwealth. Mr. and Mrs. Dorton have in honoring a long time friend, George McGov- a Reservist. During his enlistment he was de- been a dynamic duo over the years. Working ern, on the occasion of this 90th birthday. ployed to both Afghanistan and Iraq in support together they have helped transform southern of our combat operations in the region. f and eastern Kentucky. Clnistophe fought side by side with local and A TRIBUTE TO CAPTAIN WILLIAM NATO coalition forces, and was in charge of As a Paintsville native, Dennis Dorton has ANDREW LOTT several of his fellow Marines. He was respon- served as a third generation President of Citi- sible for providing security to many installa- zens National Bank, which has been a part of HON. MICHAEL T. McCAUL tions and bases in both Iraq and Afghanistan, the Dorton family for 90 years. Mr. Dorton assisted with first aid to both locals and fellow began his career at the bank in 1970, after OF TEXAS graduating from Morehead State University IN THE HOUSE OF REPRESENTATIVES soldiers, and assisted in engaging with the local forces and population to provide humani- with a bachelor’s degree in Business Adminis- Monday, July 23, 2012 tarian aid. tration. Mr. MCCAUL. Mr. Speaker, I rise today to Sgt. Rustici’s hard work and efforts have Raised in the spirit that a banker’s place is honor the life of Captain William Andrew Lott been recognized with a Certificate of Com- in the community, Mr. Dorton is a leader in of Leesburg, Florida, my uncle, who passed mendation for his actions as a Fire Team various community organizations including the away earlier this month. A native of Dallas, Leader and Sergeant of the Guard for his Christian Appalachian Project, the American Texas, Captain Lott flew combat missions in service in Afghanistan. He has also qualified Red Cross, a group working to restore pro- Korea and Vietnam, serving 34 years in the as a Rifle and Pistol Expert with the Marine grams and operations at the David School, United States Navy in both hot and cold wars. Corps, and has been awarded a Meritorious and the local utilities commission building a He flew three different types of carrier-based Mast for Excellence while working as a renew water plant in Paintsville. He is an active aircraft including the A–1 Skyraider, the F–8 cruiter with the Marines. member of the First United Methodist Church Crusader and the F–4 Phantom. He spent the Our liberties, our values, and everything in Paintsville and has been involved in Volun- equivalent of six years of his life at sea, America stands for is due to the heroic serv- teers in Mission traveling to Belize and Costa amassing thousands of hours of flight time in ices of our men and women in uniform. I thank Rica to help build church and school buildings. three different combat aircraft, serving four Christophe for his service to the United States Mr. Dorton’s involvement in civic and com- tours of duty in Vietnam, and surviving ejec- and wish him all the best in the future. munity service efforts span a broad spectrum. tions from crippled aircraft three times. He He has served as, Chairman of the Big Sandy served proudly as not only a fighter pilot, but f Regional Industrial Development Authority also as the Commanding Officer of both Fight- board, Treasurer and Board member of er Squadron Forty One and the Naval Air Fa- RECOGNIZING ELIZABETH Paintsville-Johnson County Chamber of Com- cility in El Centro, California. During his illus- ‘‘BEEZIE’’ MADDEN merce, Chairman of the Appalachian Artisan trious career, Captain Lott was the recipient of Center, and Vice Chairman and Board Mem- many awards and commendations including ber of the Christian Appalachian Project the Meritorious Service Medal, Air Medal, and HON. WILLIAM L. OWENS board. Mr. Dorton also served as Treasurer for Navy Commendation Medal. OF NEW YORK the Kentucky Bankers Association in the ’80s He was also an outstanding mentor to both IN THE HOUSE OF REPRESENTATIVES and Chairman of the Kentucky Bankers Asso- the junior enlisted and officers under his com- ciation from 2007–2008. mand, with one former subordinate com- Monday, July 23, 2012 menting, ‘‘He was a great leader and mentor, Mr. Dorton has had a strong partner by his just like a Navy fighter pilot his timing was al- Mr. OWENS. Mr. Speaker, I rise today to side in his wife, Jean Dorton. Mrs. Dorton is ways on target; he knew when a junior officer recognize one of my constituents, Elizabeth a graduate of Morehead State University and needed direction and was always compas- ‘‘Beezie’’ Madden of Cazenovia, New York for has worked for the Big Sandy Community and sionate when doing so. He was not afraid to her involvement in the 2012 Summer Olym- Technical College since 2005. Like her hus- do what was right even in the face of adver- pics in London. band, Mrs. Dorton has been involved in many sity.’’ Beezie already has a very distinguished organizations within the community. Mrs. His Public Works Officer at El Centro noted, riding career, establishing herself as one of Dorton was a founding member of the Eastern ‘‘the leadership style he passed on to me the premier equestrian riders in the world. In Kentucky Federated Republican Women and a stayed with me. It was his guidance that addition to becoming the first woman to pass member of the University of Pikeville Board of pushed me on to be Operations Officer in the $1 million mark in show jumping earnings, Regents. She served on the Paintsville City Naval Mobile Construction Battalion 62 and to she has competed in two Olympics, winning Council, and currently serves on the board for later become Commanding Officer of Naval two Gold medals and a Bronze. the Center for Rural Development, and on the Mobile Construction Battalion 7. In fact, when Beezie will be competing in the London PRIDE Executive Committee. the civilian construction world called me, it Olympics representing the United States this Mr. Speaker, I ask my colleagues to join me was because of Captain Lott I chose to stay summer. Her success adds to a long history of in honoring Dennis and Jean Dorton for their in longer as I wanted to command just like New York Olympians continuing the proud countless years of dedication and service to him.’’ American athletic tradition in international the families of southern and eastern Kentucky Captain Lott leaves behind two sons, Ran- competition. I wish Beezie all the best in the and for their banking expertise and civic lead- dall and David, and a nation grateful for his Olympics, and I know she will represent our ership which have impacted the community for distinguished service. region—and our nation—proudly. the better.

VerDate Mar 15 2010 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K23JY8.002 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1297 HONORING KATHERINE TANKSON again June 30, 2012. Those 11 more years ease, breast cancer, prostate cancer, vision give her that grand total of 42 years in edu- and spinal cord conditions, and many other HON. BENNIE G. THOMPSON cation, which is worthy of recognition. She is medical research initiatives. OF MISSISSIPPI still an active member of numerous edu- This legislation will further protect access to IN THE HOUSE OF REPRESENTATIVES cational organizations. health coverage for Hawaii’s military retirees, Although she has left her footprints through who have dedicated their careers in service to Monday, July 23, 2012 schools in various States in the U.S. including our country. Through the adoption of an Mr. THOMPSON of Mississippi. Mr. Speak- the Bermuda territory, her love for Mississippi amendment offered by Representative er, I rise today to honor Mrs. Katherine is where she started and ended her career. STEARNS, no funds could be used to imple- Tankson. Katherine has shown what can be Providing the students of the South Delta ment a fee to enroll in TRICARE for Life. done through tenacity, dedication and a desire School District in Rolling Fork, MS with a qual- Hawaii has a strong military presence and is to serve others. ity education is her passion. Her contribution home to thousands of military families. As a Katherine Tankson is a native of Sharkey to education will be forever appreciated for the strong advocate for Impact Aid, I welcome the County and resides in Rolling Fork, Mis- countless number of students she has touched increased amount of this funding, which helps sissippi. She has served in the educational guiding them to the path of success. She has ensure the federal government does its part to arena for a total of 42 years. This included 12 not only had a positive impact on students but support our nation’s local school districts and years in the South Delta School District as a also parents, teachers, and even community military families and educate military-con- classroom teacher and 19 years as an admin- members, and for that too she will be appre- nected children. istrator, before her first retirement in Decem- ciated. By providing support for the operation, ber of 2000. The South Delta School District She married her high school sweetheart, maintenance and procurement for our mili- is located in the Mississippi Delta and serves James Tankson, a retired educator of 40 tary’s installations in Hawaii, including Joint the students of Sharkey and Issaquena Coun- years, and they have three beautiful daugh- Base Pearl Harbor-Hickam, Schofield Bar- ties with a present enrollment of 988 students. ters, Dr. Jeanetta Denise Tankson, Dr. Janice racks, and Kaneohe Marine Corps Base, H.R. Upon receiving her Bachelor’s of Science Valencia Tankson, and Ms. Jamie Alicia 5856 protects jobs and advances President Degree in Business Education from Mis- Tankson-Cunningham who is also aspiring to Obama’s strategic refocusing on the Asia-Pa- sissippi Valley State University in Itta Bena, acquire her doctoral degree in education. Her cific region. The measure also affirms the crit- MS in 1969, her only desire was to return to son-in-law, Rev. Therman Cunningham, Jr. is ical role of our citizen soldiers and airmen in her hometown to teach with the goal of help- currently working toward a doctoral degree in the defense of our nation in providing for crit- ing to make a difference in the lives of chil- theology. Mrs. Tankson also has two precious, ical Army equipment needs and rejecting force dren. Mrs. Tankson has received two master’s loving granddaughters—Trinity Alicia structure reductions and aircraft retirements degrees. She has a Master’s Degree in Cunningham and Taylor LeAnn Cunningham. proposals that would have negatively affected English from Jackson State University, in Mr. Speaker, I ask our colleagues to join me Air Guard and Reserve units across the coun- Jackson, MS, and her second Master’s De- in recognizing Mrs. Katherine Tankson for her try. gree is in Education Administration and Super- passion and dedication to the South Delta With turmoil continuing in the Middle East, vision from Delta State University in Cleve- School District in Rolling Fork, MS. now more than ever we must stand strong with our friend and ally Israel. This measure land, MS. f During her tenure with South Delta School includes additional funding for joint U.S.-Israeli District, she served as the auditor in the dis- DEPARTMENT OF DEFENSE defense cooperation, and continued support trict for the International Curriculum Manage- APPROPRIATIONS ACT, 2013 for Iron Dome system, which has protected ment Audit Center, Inc., located in Huxley, and saved lives from the daily threat of rock- Iowa. In that position she conducted cur- SPEECH OF ets aimed at towns and cities in a country sur- riculum management audits in school districts HON. MAZIE K. HIRONO rounded by hostility and instability. in the Bermuda territory of the United King- While H.R. 5856 supports our soldiers, sail- OF HAWAII dom, also on the United States in the States ors, airmen and marines in Hawaii and around IN THE HOUSE OF REPRESENTATIVES of Georgia and California. She was appointed the world, this defense appropriations bill con- by the Mississippi Department of Education to Wednesday, July 18, 2012 tains provisions that raise serious concerns. serve as auditor throughout the State in var- The House in Committee of the Whole For example, this bill slows down the with- ious schools selected by the State. House on the state of the Union had under drawal of troops from Afghanistan; it is over In January 2001, she was employed with consideration the bill (H.R. 5856) making ap- the President’s budget request and over the the Mississippi Department of Education as propriations for the Department of Defense Budget Control Act passed last year. H.R. Project Director for the Technology Academy for the fiscal year ending September 30, 2013, 5856 excludes funds requested by the Presi- for School Leaders (TASL) until June 2004. As and for other purposes: dent for the production of domestic biofuel for the director she worked with superintendents, Ms. HIRONO. Mr. Chair, I support passage our military, an important initiative our military principals, and other administrators across the of H.R. 5856, the Department of Defense Ap- leadership supports. Furthermore, the bill State in the areas of technology and cur- propriations Act for Fiscal Year 2013, which places a significant amount of our nation’s re- riculum development. supports our servicemembers and makes im- sources in certain weapons systems the De- In July 2006, she returned to the South portant investments in our national security fense Department neither requested nor need- Delta School District where she currently and in the health, well-being, and readiness of ed. serves as Superintendent. Under her leader- our Armed Forces. It is my hope that Senate will address these ship, significant progress has been made in Our country owes a debt of gratitude to our serious issues and that we can pass a final bill changing the culture of the district and the military and their families for their service and that is fiscally responsible, reaffirms the Amer- schools. An increase in necessary resources selfless sacrifices. We in Hawaii are proud of ican people’s commitment to our critical to the success of being effective teach- the men and women in our military that have servicemembers and protects our national se- ers, administrators, and instructional leaders served and are currently serving in Afghani- curity. has flourished in the district. As a result the stan. Above all, we must also never forget f district and schools have seen significant in- those who have made the ultimate sacrifice for DEPARTMENT OF DEFENSE creases in student achievement, and improve- our country. Supporting our servicemembers APPROPRIATIONS ACT, 2013 ments in classroom delivery and instruction and their families, whether it’s during deploy- through the use of 21st century technology. ment or as they transition back into civilian SPEECH OF The district has also undergone $4 million dol- life, is a solemn commitment we must keep. lars in renovation at the South Delta High Many of our men and women in uniform are HON. RUSH D. HOLT School which has produced a by-product of suffering from serious wounds from their serv- OF NEW JERSEY improved parent and community involvement ice, both visible and invisible. That’s why I’m IN THE HOUSE OF REPRESENTATIVES to say the least. pleased to see increases in traumatic brain in- Wednesday, July 18, 2012 Mrs. Tankson’s career in education is long jury and psychological health funding as well The House in Committee of the Whole standing—after 31 years, retiring in 2000, she as suicide prevention and outreach. The bill House on the state of the Union had under came out of retirement and gave 11 more also boosts resources for peer-reviewed re- consideration the bill (H.R. 5856) making ap- years to educating and leading before retiring search on Gulf War Illness, Lou Gehrig’s dis- propriations for the Department of Defense

VerDate Mar 15 2010 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.007 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1298 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2012 for the fiscal year ending September 30, 2013, most pressing issues in our communities. He nation-building exercise in Afghanistan, stop and for other purposes: has inspired thousands of Americans across funding military spending there and bring the Mr. HOLT. Mr. Chair, I cannot support this the country to take action, whether it is orga- troops home safely and responsibly. bill in its current form. nizing the ‘‘Justice for Trayvon Martin’’ move- f It’s telling that every domestic program in ment or protests against unfounded voter ID HONORING THE SERVICE AND this year’s budget is taking a hit—in some laws. cases, a huge hit. The House majority seems Furthermore, I am pleased to acknowledge DEDICATION OF MS. BEATRICE perfectly fine with cutting grant funding for our the Mid-Manhattan branch of the NAACP lo- BEILER OF LONG BEACH CALI- firefighters, our cops, and other first respond- cated in my district for its unwavering commit- FORNIA ers. The House majority thinks it’s good public ment to our community. The branch is in- policy to cut programs designed to help the volved in mentorship programs, youth devel- HON. LAURA RICHARDSON most vulnerable in our society, but any sug- opment, and encouraging people to be politi- OF CALIFORNIA gestion that we need fewer defense contrac- cally and socially active. This year they helped IN THE HOUSE OF REPRESENTATIVES tors provokes howls of protest. Any suggestion to organize the ‘‘Silent Stop and Frisk’’ march Monday, July 23, 2012 that national security-related corporate welfare in June, which rallied roughly 72,000 of our Ms. RICHARDSON. Mr. Speaker, today I should be ended—and I’m referring to the community. I had the pleasure of marching in rise to recognize the tireless service and dedi- over-budget F–35 program as a prime exam- unison with them against unjust stop and frisk cation of one of my own constituents, Ms. Be- ple—evinces the most hysterical rhetoric about practices that discriminately target minorities atrice Beiler. Ms. Beiler has been an essential ‘‘weakening America’s defenses.’’ and violence in our communities. The event Let’s deal with the facts. We spend more on part of the Long Beach foster care program for was an example of NAACP’s continuous ef- over 20 years and has a truly inspirational defense that most of the rest of the world forts to galvanize and mobilize our commu- combined. We won the Cold War over 20 story. nities to stand up for equality. Upon retiring from Hughes Aircraft in 1992, years ago, yet this budget continues to fund I am proud to congratulate the Mid-Manhat- rather than living the life of leisure that many unnecessary and radically over-cost Cold War tan branch for receiving the Thalheimer award retirees do, Ms. Beiler chose to be of service. legacy weapons programs that we don’t need, for outstanding membership enrollment at their Coming from a big family herself, she has al- can’t afford and won’t help us deal with the annual convention in Houston, Texas earlier ways been very family oriented and it is this kind of terrorist threat we face now and into this month. I applaud them for their accom- experience that opened her mind to the idea the future. The House majority is throwing the plishments in health and education advocacy, to giving back through foster care. poor under the bus even as it throws a kiss to fighting for economic empowerment, and con- Her caring spirit and giving nature instilled the military-industrial complex. tinuously standing up for justice. Ms. Beiler with a heart that is able to see the The bill also continues funding a war that Mr. Speaker, I ask that you and my col- needs of others and immediately try to fulfill should have been over long ago. As I’ve said leagues join me in honoring the NAACP dur- those needs. When Ms. Beiler found out that since 2009, our continued presence in Afghan- ing its 103rd anniversary for its accomplish- there was a shortage of foster homes able to istan is prolonging the conflict, not helping end ments and tireless commitment to uplifting all house multiples of siblings of two or more, she it. The President’s ill-considered assassina- communities throughout America. volunteered her home to foster children sib- tion-by-drone policy in Pakistan, which now f lings without hesitation. As a result, she features Vietnam war-style ‘‘signature strikes’’ helped many children to avoid damaging tran- against groups of individuals without PERSONAL EXPLANATION sitions by helping them to stay together and verification of their status as terrorists, has led maintain a sense of family in spite of the tur- to the deaths of an increasing number of inno- HON. ERIC CANTOR moil that led to their entry into the foster care cent civilians. Indeed, the escalation of the OF VIRGINIA system. drone strikes and the loosening of the intel- IN THE HOUSE OF REPRESENTATIVES In California there are over 80,000 children ligence standards under which they operate in the foster care system, the majority of comes even after Osama bin Laden was killed Monday, July 23, 2012 whom are placed there as a result of parental last year. Mr. CANTOR. Mr. Speaker, on rollcall No. abuse or neglect. As a member of the Con- The original rationale for invading Afghani- 487 I was unavoidably detained. Had I been gressional Caucus of Foster Youth I am par- stan—getting bin Laden and his associates— present, I would have voted ‘‘yes.’’ ticularly impressed by the service that Ms. no longer exists, yet this bill continues to fund f Beiler has done for my community and the a war whose purpose has clearly been many families and children she has helped to achieved. There is perhaps no greater exam- H.R. 5856: THE MORAN reunite. Through her work, many children have ple of a policy on autopilot than our war in Af- AMENDMENT had the opportunity to grow up in a safe and ghanistan, which is one of the many reasons loving environment that they might not have I do not support this bill. HON. DENNIS J. KUCINICH otherwise had. f OF OHIO Ms. Beiler has been able to help many fos- IN RECOGNITION OF THE 103RD IN THE HOUSE OF REPRESENTATIVES ter children succeed despite their painful pasts. Children like Kelsey, a foster child Ms. ANNIVERSARY OF THE NA- Monday, July 23, 2012 TIONAL ASSOCIATION FOR THE Beiler has raised since she was just 8 months ADVANCEMENT OF COLORED Mr. KUCINICH. Mr. Speaker, last week the old until the age of 17, find not only shelter but PEOPLE House voted on an amendment by Mr. MORAN also love and nurture while in the care of Ms. which prohibits U.S. funds from being used to Beiler. She has seen students go from strug- purchase Russian-made Mi-17 helicopters for gling to stay in school to making straight A’s. HON. CHARLES B. RANGEL the Afghan National Security Forces (ANSF). She has watched many go from dire situations OF NEW YORK After more than 10 years at war, we recently to reunification with their families. It is stories IN THE HOUSE OF REPRESENTATIVES reached the grim milestone of losing our like these that fuel her passion to continue to Monday, July 23, 2012 2,000th service member in this war. It has reach out to anyone whose life she can Mr. RANGEL. Mr. Speaker, it is with great been clear for a long time that more of our change for the better. Along with her dedica- honor that I am pleased to recognize the Na- blood and our money will not help us ‘‘win’’ Af- tion to the foster care system, Ms. Beiler has tional Association for Advancement of Colored ghanistan. Yet long after the last member of also opened a daycare facility to continue to People for its 103rd year of pursuing justice our Armed Forces leaves Afghanistan, U.S. be able to help parents and children in need. and equality for everyone in America, regard- taxpayers will be footing the bill for more than It is her mission to touch as many hearts and less of color, religion, or gender. The NAACP half of the $4 billion per year it will take to lives as she can. is one of our nation’s most revered and out- support the ANSF over the next decade. This Mr. Speaker, Ms. Beiler is the type of standing organizations dedicated to social, po- financial support includes military equipment, woman we should all look to emulate. She is litical, and economic equality. It has fought training and uniforms. selflessly committed and graciously generous countless battles—from race riots to voter sup- The underlying bill includes a total of $238.7 with her time, her money, her home, and her pression—to protect the rights of all persons. billion to continue operations in Iraq and Af- love. It is with great pleasure that I have the I commend the leadership of President Ben- ghanistan, on top of the $1.3 trillion we have opportunity recognize the hard work and dedi- jamin Jealous who has been outspoken on the already spent. It is time for the U.S. to end its cation of this unsung hero.

VerDate Mar 15 2010 03:59 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.009 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1299 RECOGNIZING THE CITIZEN’S treatment for my child,’’ is simply and which are at the core of CCHR’s own phi- COMMISSION ON HUMAN RIGHTS mindboggling. This is the same flawed men- losophy. tality that condones putting toxic substances Make no mistake, though, stopping the fur- HON. DAN BURTON like mercury in medical products like vaccines ther spread of government power in the area OF INDIANA and dental fillings and then not telling people of the family and ensuring that parental rights IN THE HOUSE OF REPRESENTATIVES the mercury is in there. Mercury is the most are protected with the strength and certainty toxic substances on earth after radioactive they deserve will not be a quick and easy vic- Monday, July 23, 2012 materials. It has no place in any medication tory. That is why organizations like CCHR are Mr. BURTON of Indiana. Mr. Speaker, I rise for children or adults; and I’m proud of the so important. If good people like the men and tonight to commend the Citizen’s Commission work I’ve done in Congress to get mercury re- women who work for CCHR refuse to give up on Human Rights on the opening of their new moved from medicine. I’m also proud to have the fight, victory is inevitable. National Public Affairs Office here in Wash- worked with CCHR and other like-minded Again, I want to commend CCHR on the ington, DC. groups to raise awareness of the potential opening of their beautiful new facility here in I want to thank my friend Sam Brunelli, the dangers of psychotropic drugs, and to fight to Washington, DC and wish them good fortune President and CEO of Team Builders Inter- put parents back in charge of their children’s in their future endeavors. national, for the role he played in bringing the health care decisions instead of government f good work of the Citizen’s Commission on bureaucrats. Human Rights to my attention. Since 1969, Unfortunately, the price of defending our REAUTHORIZATION OF THE NA- the Citizen’s Commission on Human Rights freedoms from the intrusion of big government TIONAL WOMEN’S RIGHTS HIS- has tirelessly worked to educate the public is to be eternally vigilant. The economic and TORY PROJECT ACT about the dangers of some drugs. As part of political life of America has changed pro- this effort, CCHR has been at the forefront of foundly over the last four years, and once HON. LOUISE McINTOSH SLAUGHTER the debate over whether parents’ have a fun- again, the government is trying to intrude upon OF NEW YORK damental right to raise their children as they the relationship of parent to child. IN THE HOUSE OF REPRESENTATIVES see fit; and that includes making decisions In the past, parents were threatened by gov- Monday, July 23, 2012 about evaluation and treatment of mental ernment officials with child abuse charges if health conditions. they resisted efforts to drug their children with Ms. SLAUGHTER. Mr. Speaker, on July 19, As some of my colleagues may recall, back ADHD medications. Today, parents are penal- 2012, I introduced the Reauthorization of the in 2003 a Presidential Commission rec- ized by government for sending their children National Women’s Rights History Project Act. ommended that the government implement to school with a brownbag lunch that does not This legislation was intended to be introduced mental health screening in public school. The meet some arbitrary government nutritional with Mr. RICHARD HANNA (NY–24) as an origi- Commission contended that early detection, guidelines. These may seem like widely sepa- nal cosponsor. assessment, and links with treatment and sup- rate things but they are at the most basic level f port programs would help prevent mental the same; an usurpation by the government of TRIBUTE TO DEWAYNE BUNCH health problems from worsening. However, the right of parents to make decisions for their neither the Commission’s report nor any re- children. lated mental health screening proposal under Under the rubric of ‘‘Children’s Rights,’’ ad- HON. HAROLD ROGERS discussion at the time required active parental vocate of big government are pushing the ar- OF KENTUCKY consent before a child was subjected to men- gument that children should have, and the IN THE HOUSE OF REPRESENTATIVES tal health screening. state should recognize, greater autonomy for Monday, July 23, 2012 I appreciate the value of having mental children from their parents in deciding how to health problems diagnosed and treated early, live, or that government agencies must have Mr. ROGERS of Kentucky. Mr. Speaker, I but cutting the parents out of the process was the power to step in to protect children from rise today to pay tribute to Dewayne Bunch, a deeply troubling to me. More often than not, ‘‘bad parents.’’ brave member of the Kentucky National the typical course of action when a child is di- I believe this concept of ‘‘Children’s Rights’’ Guard, a leader in the State legislature, and a agnosed with a mental health condition—typi- is flawed for two reasons. First, parents pos- dedicated teacher at Whitley County High cally Attention Deficit Disorder, ADD, or Atten- sess the maturity, experience, and capacity for School: His passing is a great loss and he will tion Deficit Hyperactive Disorder, ADHD, is to judgment required for making life’s difficult de- be deeply missed by Whitley and Laurel prescribe a powerful psychotropic drug, such cisions that children lack. Second, as the Su- County and across the Commonwealth of as Ritalin. But these drugs have some serious preme Court said in the case of Parham v. Kentucky. side effects which include mania, violence and JR.19 simply ‘‘because the decision of a par- Dewayne’s life encompassed the true mean- dependence. In fact, these drugs are so po- ent is not agreeable to a child or because it ing of a public servant. Described as ‘‘a tentially dangerous that in 2007, under pres- involves risks, does not automatically transfer mighty man of valor,’’ Dewayne helped lead sure from members of Congress and groups the power to make that decision’’—nor in my our Commonwealth with an extraordinary level like CCHR, the U.S. Food and Drug Adminis- opinion should it—‘‘from the parents to some of dedication and excellence. While serving in tration, FDA, was finally compelled to require agency or officer of the state.’’ the Kentucky National Guard, Dewayne proud- that the makers of all antidepressant medica- In his Oval Office farewell address, Presi- ly fought for our country in Iraq as a first ser- tions update their black box warning on their dent Ronald Reagan said two things that are geant and received multiple honors, including products’ labeling to include warnings about particularly relevant to our discussion tonight; the Bronze Star. Dewayne was also a veteran increased risks of suicidal thinking and behav- he said: ‘‘As government expands, liberty con- of the United States Army and after 24 years ior, known as suicidality. tracts;’’ and that ‘‘All great change in America of service to the Kentucky National Guard, Yet, inexplicably, not only were parents begins at the dinner table.’’ Dewayne was elected to the Kentucky House being cut out of the loop with regard to these President Reagan understood that family is of Representatives in the fall of 2010 and drugs, parents who were informed, and who the foundation of our society; and that parents thoughtfully represented Whitley and Laurel wanted to say no, were actually being threat- do have a profound impact on their children. Counties. In his brief legislative career in ened by school districts with child abuse If we are to recapture a common denominator Frankfort, Dewayne showed tremendous po- charges for not drugging their children. of right and wrong in America, we must begin tential as a legislator. As a Christian, parent and grandparent, I in the homes of America with conversations at In April of 2011, Dewayne was severely in- have throughout my Congressional career the dinner table between moms and dads and jured while trying to break up a fight between staunchly defended the right of parents to di- growing children. two students at Whitley County High School rect the upbringing of their children as they By respecting and defending a parents’ fun- where he taught math and science for 17 see fit. I believe this right is embedded in the damental right to teach their children that years. Dewayne was highly regarded by his U.S. Constitution, affirmed by Supreme Court there is acceptable behavior and unacceptable students and faculty, and shared a vision with case precedent, and exemplary of the inalien- behavior, appropriate speech and inappro- lawmakers for a better Kentucky, especially in able rights and freedoms this country was priate speech we can re-instill in our children the field of education. After his injury, founded on. To deny parents the right to know a moral character of trust, honesty, respect Dewayne resigned from the Kentucky legisla- about the potential dangers of these drugs and tolerance, qualities that are so necessary ture, and the position was filled by his dutiful and the right to say ‘‘no, this is not the right to having safe and prosperous communities— wife, Regina Bunch.

VerDate Mar 15 2010 03:59 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.013 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1300 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2012 On July 11th, 2012, Dewayne passed away 150TH ANNIVERSARY OF THE United States Air Force, I rise to recognize at the age of 50. Over 450 people attended PILGRIM BAPTIST CHURCH Colonel Joe N. Wilburn for his twenty-six his funeral, including State legislators, fellow years of commissioned service to our country. educators, members of the Patriot Guard Rid- HON. BETTY McCOLLUM In his most recent assignment, he was the ers, and friends from all walks of life. During OF MINNESOTA Commander, Air Force Reserve Recruiting the funeral service, it was announced that the IN THE HOUSE OF REPRESENTATIVES Service, Robins AFB, Georgia. In this role, he Kentucky Distinguished Service Medal had Monday, July 23, 2012 served as advisor to the Air Force Reserve been posthumously awarded to Dewayne, for Command Commander, Vice Commander, Ms. MCCOLLUM. Mr. Speaker, today I rise senior staff and field numbered Air Force and his exceptionally admirable and meritorious to honor the Historic Pilgrim Baptist Church of conduct. wing commanders on all matters relating to re- Saint Paul, and its 150 years of rich history cruiting for the Air Force Reserve. He com- Dewayne was a quality man, dedicated to and dedicated service to our community. manded and exercised oversight for more than Pilgrim Baptist Church is the oldest African- his State, his church, and most importantly, 450 military and civilian personnel worldwide American church in Minnesota, with a history his family. On behalf of my wife Cynthia and at forty-five main operating locations and nu- deeply rooted in America’s struggle for racial myself, I want to extend our deepest heartfelt merous satellite offices. sympathies to Regina, the Bunch family, and equality and social justice. More than 150 Colonel Wilburn joined the Air Force on years ago, a group of slaves escaped and em- those who had the privilege of knowing June 27, 1982 when he reported in as a cadet barked upon a turbulent and courageous jour- Dewayne. at the Air Force Academy. He was commis- ney to the North during the Civil War. With the Mr. Speaker, I ask my colleagues to join me sioned as a Second Lieutenant on May 28, help of Union Forces and the Underground 1986, with an undergraduate degree in Inter- in honoring the late Dewayne Bunch for dedi- Railroad, this group of black men, women and national Affairs. While stationed at MacDill cating a lifetime of service to the families of children departed from Boone County, Mis- AFB, he deployed to the Middle East in sup- southeastern Kentucky, our Commonwealth, souri. Calling themselves ‘‘pilgrims’’, because port of Operations Desert Shield and Desert and our great Nation. they did not know their final destination, they Storm. Upon returning from deployment, he began their long trek through the Midwest, was selected to be the Chief of Operations at f eventually finding refuge in Saint Paul, Min- the 369th Recruiting Squadron in Los Angeles, nesota. California. Colonel Wilburn later joined the Air HONORING SHAWANDA ALLEN The group found a leader in fellow escaped National Guard where he performed duties slave Robert Thomas Hickman, who had pre- with the 148th Combat Communications viously learned how to read under the direc- Squadron in Ontario, California. In April 2000, tion of his master, and also received permis- HON. BENNIE G. THOMPSON he was asked to lead a Recruiting Flight at sion to preach to his peers. Reverend Hick- OF MISSISSIPPI March Air Reserve Base, California. Because man continued this practice upon arriving to of his success at March Air Reserve Base, IN THE HOUSE OF REPRESENTATIVES Minnesota, gaining many followers who de- Colonel Wilburn was chosen to be a Program sired a welcoming place to worship. The con- Manager on the Island of Oahu in Hawaii. Monday, July 23, 2012 gregation worshipped in several Saint Paul Due to his achievements and unwavering homes until they were able to rent a room in Mr. THOMPSON of Mississippi. Mr. Speak- dedication to his country, it was no surprise he a local concert hall. Reverend Hickman reer, I rise today to honor Ms. Shawanda was chosen to be the Commander of Air ceived his mission status from the First Baptist LaShell Allen. Shawanda LaShell Allen was Force Reserve Recruiting. During his almost Church of Saint Paul, and the congregation born in Hazlehurst, Mississippi to the proud four years as Commander, Colonel Wilburn continued to worship under Hickman’s direc- parents of Glenda Johnson and Anthony Allen. was responsible for accessing 39,268 new cit- tion, officially becoming the Pilgrim Baptist izen airmen. His innovative ideas and exem- Throughout her years in school, Shawanda Church on November 15, 1866. remained dedicated to her academics and ex- The courage and dedication of Reverend plary leadership skills allowed his team of re- cruiters to focus their accession practices on tracurricular activities. She received the high- Hickman and the founders of Pilgrim Baptist targeting prior service candidates, which est academic average of her class for the Church are woven into church history. saved the Air Force Reserve Command over 2011–2012 school year in advanced place- Throughout the years, the congregation has not only been a spiritual home for countless $600 million dollars in training costs. ment English Literature and Composition, Cal- Colonel Wilburn could not have been such families and individuals, but also a center for culus, United States Government, and Ac- a tremendous leader without the support of his community action, serving as the birthplace of counting. In addition to this, Shawanda was in- wife of thirteen years, Monica, his daughter the Saint Paul Chapters of the NAACP and ducted into the Crystal Springs High School Maya, and his son Jason. Colonel Wilburn Urban League as well as schools and orga- Hall of Fame; received the Student Council also owes much of his success to his parents nized labor movements. This legacy of com- Leadership Award; and the U.S. Marine Corps Joe Wilburn, Senior, and his mother Merrie as munity activism continues today through the Distinguished Athlete Award. Ms. Allen was well as his in-laws, Dudley and JoAnne congregation and Reverend Charles Gill, Jr., also awarded the following scholarships— Latham. We thank them for helping to develop who has served as the Senior Pastor since Boardwalk Pipeline Partners, LP, the United and mold such an outstanding leader for our 2004. Reverend Gill remains steadfast in the military. States Achievement Academy, Workforce In- church mission, delivering a message of love Mr. Speaker, I join my colleagues in ex- vestment Area Transition, and University of and acceptance to the congregation and the pressing our sincere appreciation to Colonel Southern Mississippi Leadership Scholarships. congregation continues to serve the commu- Joe N. Wilburn for his outstanding service to Shawanda also participated in the Student nity in many ways. both the United States Air Force and our great Council, Beta Club, SADD Club, Mu Alpha Mr. Speaker, in honor of the 150th Anniver- sary of the Pilgrim Baptist Church of Saint nation. We wish him and his family the best of Theta Club, Theater Club-Tigers Actin’ Up, luck as he transitions into retirement. Colonel and played on the soccer, softball, and track/ Paul, Minnesota, I am pleased to submit this statement. Wilburn is a true professional and a credit to field teams. She is a faithful member of Clear himself, his family, and the United States Air Creek Missionary Baptist Church where she is f Force. a part of the Feeding Ministry and Nursing RECOGNIZING THE OUTSTANDING f Home Ministry. MILITARY SERVICE OF COLONEL PERSONAL EXPLANATION In 2012, Shawanda graduated from Crystal JOE N. WILBURN ON THE OCCA- Springs High School with honors. In the fall, SION OF HIS RETIREMENT she plans to attend the University of Southern HON. TIMOTHY H. BISHOP Mississippi and pursue a degree in Account- HON. AUSTIN SCOTT OF NEW YORK ing. OF GEORGIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask our colleagues to join me Monday, July 23, 2012 in recognizing Ms. Shawanda LaShell Allen for Monday, July 23, 2012 Mr. BISHOP of New York. Mr. Speaker, I her hard work, dedication and a strong desire Mr. AUSTIN SCOTT of Georgia. Mr. Speak- was not present in the House chamber on to achieve. er, on the occasion of his retirement from the Thursday, July 19 to vote on rollcalls 487

VerDate Mar 15 2010 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.015 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS July 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1301 through 498. Had I been present, I would have and success were derived from her drive to Strategic and Critical Minerals Protection Act. voted ‘‘yea’’ on rollcalls 489, 490, 494, become the best. This reminds us all that with This bill is yet another Republican giveaway to 495,497 and 498. I would have voted ‘‘nay’’ on hard work and spirit, we can accomplish great the mining industry. rollcalls 487, 488, 491, 492, 493 and 496. things. H.R. 4402 elevates the narrow special inter- f f est of the mining industry above the interests CONGRATULATING DIAMOND VOTER PROTECTION of the American public. For example, this bill DIXON gives mining on public lands priority over all HON. EDDIE BERNICE JOHNSON other uses—replacing current law that requires HON. SILVESTRE REYES OF TEXAS public lands to be managed for multiple uses. OF TEXAS IN THE HOUSE OF REPRESENTATIVES The White House warns this provision ‘‘has IN THE HOUSE OF REPRESENTATIVES Monday, July 23, 2012 the potential to threaten hunting, fishing, recre- Monday, July 23, 2012 Ms. EDDIE BERNICE JOHNSON of Texas. ation and other activities which create jobs Mr. REYES. Mr. Speaker, I rise today in Mr. Speaker, there is an unprecedented effort and sustain local economies across the coun- recognition of Ms. Diamond Dixon who will be by the GOP to deprive millions of Americans try.’’ representing our nation as a member of the of their right to vote. Proponents of these ef- Moreover, H.R. 4402 exempts hardrock min- Olympic track and field team in London this forts to suppress the electorate continue to ing operations from key provisions of the na- grossly exaggerate the threat of voter fraud, in year. She will compete, as one of our nation’s tion’s most important environmental laws, in- hopes of excluding select groups of eligible best athletes, in the 4x400m relay. This young cluding the Clean Water Act and the National voters from the polls, and thus swaying the woman is not only an amazing competitor, but Environmental Policy Act. These weakened serves as an inspiration to a generation of election in their favor. environmental safeguards would govern min- young athletes throughout the nation. In 2002, President Bush launched an ag- Diamond was born El Paso, Texas, the dis- gressive 5-year campaign to crack down on ing operations in every region because H.R. trict that I represent, and grew up in Houston. voter fraud. The end result was a mere 86 4402 deceptively defines ‘‘strategic and critical She is currently a student athlete at the Uni- convictions out of the 122 million people who minerals’’ so broadly as to include sand and versity of Kansas and a member of the track voted during the 2004 Presidential election. gravel. This means families and businesses all and field team. There is no evidence to suggest that these across the country would have less ability to Running was Diamond’s way to escape, the facts have changed, and certainly not to the resist new mining operations that threaten to degree in which it is being touted by the Re- place she could go to forget about her prob- pollute their community’s air and water. lems and clear her mind. By her junior year at publicans. It is clear that the only reason why Congressman CHIP CRAVAACK, my Min- Westside High School in Houston, she had al- overly burdensome voter laws are being ready begun to showcase her athletic talent. adopted is to exclude the elderly, our youth, nesota colleague, offered an amendment to On a recruiting trip to see one of Westside minorities, and the poor from casting their bal- H.R. 4402 that would apply these weakened High School’s male stars, University of Kansas lots. permitting and environmental review provi- coach Stanley Redwine was very impressed Nationally, an estimated 21 million American sions to mining proposals that are already in with Dixon’s performance at the meet, noting citizens do not possess a government-issued the approval process. This amendment would photo ID. Under these restrictive laws, that is that ‘‘her determination and will to win is just allow massive sulfide-mining proposals in potentially 21 million Americans who will be unbelievable.’’ Northern Minnesota to escape necessary pub- After racing 21 times during her sophomore excluded from the democratic process. In states like Texas, where millions of individuals lic scrutiny and thorough environmental anal- collegiate season, Dixon turned in a solid per- live in rural areas and without easy access to ysis. The foreign-owned mining corporations formance on tired legs at the Olympic Trials. ID-issuing offices, the costs are even higher. advancing these proposals are motivated by She finished third in her opening round and Millions more stand to be excluded, as voter short-term profit, not the long-term risks to the semifinal round heats of the 400m before run- suppression continues far beyond requiring people and land of our state. Sulfide mining ning a personal-best 50.88, finishing fifth in specific forms of identification. the final. With the top four finishers automati- has never occurred in our state before but has Mr. Speaker, we must prevent these regres- cally in the relay pool, Dixon’s efforts im- produced a devastating legacy of toxic pollu- sive policies from becoming law if we are to pressed Coach Amy Deem enough to earn tion elsewhere in the country. Minnesotans preserve the integrity of the electoral process one of her discretionary selections. need and deserve strong federal safeguards for all Americans. Fourteen states have al- The Olympic Games this summer will be her to protect the health of our families and com- ready passed restrictive voting laws. This de- first call-up to the senior national team. Dix- ceptive practice has already gone too far, and munities. The Cravaack amendment to fast- ons’ strong international relay experience on I refuse to allow history to repeat itself in what track sulfide mining in Minnesota threatens the the junior level Team USA will prove to be a is a direct attack on our democracy, and the environmental integrity of our state’s greatest valuable asset to her teammates racing with American people. natural treasures, including the Boundary her in London. In 2010, she led off the U.S. Waters Canoe Area, Lake Superior and the 4x400m that won gold in 3:31.20 at the World f Mississippi River. Junior Championships in Moncton, Canada. NATIONAL STRATEGIC AND CRIT- Last summer, she anchored the U.S. to victory ICAL MINERALS PROTECTION I ask my colleagues to join me in opposing in 3:34.71 at the Pan American Junior Cham- ACT, H.R. 4402 H.R. 4402 in order to safeguard the health of pionships in Miramar, Florida. In July, Dixon America’s children, families, and communities. anchored the U.S. to victory in 3:28.64 at the HON. BETTY McCOLLUM North American, Central American and Carib- OF MINNESOTA bean Championships in Irapuato, Mexico. IN THE HOUSE OF REPRESENTATIVES I am extremely proud of Ms. Diamond Dixon and wish her the best competing in the Sum- Monday, July 23, 2012 mer Olympics. Ms. Dixon’s story is the embod- Ms. MCCOLLUM. Mr. Speaker, I rise in iment of the American dream, her motivation strong opposition to H.R. 4402, the National

VerDate Mar 15 2010 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.019 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS E1302 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2012 SENATE COMMITTEE MEETINGS New York, as the ‘‘Robert H. Jackson States of America on June 30, 2009 Title IV of Senate Resolution 4, United States Courthouse’’, S. 1735, to (Treaty Doc 112–7). approve the transfer of Yellow Creek SD–G50 agreed to by the Senate on February 4, Port properties in Iuka, Mississippi, 10 a.m. 1977, calls for establishment of a sys- the nomination of Major General John Banking, Housing, and Urban Affairs tem for a computerized schedule of all Peabody, United States Army, to be a To hold hearings to examine the Finan- meetings and hearings of Senate com- Member and President of the Mis- cial Stability Oversight Council’s an- mittees, subcommittees, joint commit- sissippi River Commission, proposed nual report to Congress. tees, and committees of conference. resolutions relating to the General SD–538 This title requires all such committees Services Administration, and proposed Health, Education, Labor, and Pensions to notify the Office of the Senate Daily resolutions in the Corps Study, city of Children and Families Subcommittee Digest—designated by the Rules Com- Norfolk, Virginia and Port Fourchon, To hold hearings to examine the Child Louisiana. mittee—of the time, place, and purpose Care and Development Block Grant SD–406 (CCDBG) reauthorization, focusing on of the meetings, when scheduled, and Finance any cancellations or changes in the helping to meet the child care needs of To hold hearings to examine education American families. meetings as they occur. tax incentives and tax reform. SD–430 As an additional procedure along SD–215 Judiciary Judiciary with the computerization of this infor- Business meeting to consider S. 225, to To hold hearings to examine ensuring ju- mation, the Office of the Senate Daily permit the disclosure of certain infor- dicial independence through civics edu- Digest will prepare this information for mation for the purpose of missing child cation. printing in the Extensions of Remarks investigations, S. J.Res. 44, granting SH–216 section of the CONGRESSIONAL RECORD the consent of Congress to the State Appropriations and Province Emergency Management on Monday and Wednesday of each Departments of Labor, Health and Human week. Services, and Education, and Related Assistance Memorandum of Under- Meetings scheduled for Tuesday, July Agencies Subcommittee standing, and the nominations of 24, 2012 may be found in the Daily Di- To hold hearings to examine the impact Thomas M. Durkin, to be United States gest of today’s RECORD. of sequestration on education. District Judge for the Northern Dis- SD–124 trict of Illinois, and Jon S. Tigar, and William H. Orrick, III, of the District MEETINGS SCHEDULED Foreign Relations Near Eastern and South and Central Asian of Columbia, both to be a United States JULY 25 Affairs Subcommittee District Judge for the Northern Dis- 10 a.m. To hold hearings to examine Iran’s sup- trict of California. Commerce, Science, and Transportation port for terrorism in the Middle East. SD–226 To hold hearings to examine the Inter- SD–419 1 p.m. national Space Station, focusing on re- 2 p.m. Judiciary search, collaboration, and discovery. Aging To hold hearings to examine the nomina- SR–253 To hold hearings to examine enhancing tions of William Joseph Baer, of Mary- Appropriations women’s retirement security. land, to be an Assistant Attorney Gen- Energy and Water Development Sub- SD–562 eral, Department of Justice. committee 2:30 p.m. SD–226 To hold hearings to examine the proper Commerce, Science, and Transportation 2:15 p.m. size of the nuclear weapons stockpile To hold hearings to examine short-sup- Indian Affairs to maintain a credible U.S. deterrent. ply prescription drugs. To hold an oversight hearing to examine SD–192 SR–253 the regulation of tribal gaming, focus- Environment and Public Works Homeland Security and Governmental Af- ing on brick and mortar to the inter- Business meeting to consider S. 847, to fairs net. amend the Toxic Substances Control Federal Financial Management, Govern- SD–628 Act to ensure that risks from chemi- ment Information, Federal Services, 2:30 p.m. cals are adequately understood and and International Security Sub- managed, S. 357, to authorize the Sec- Intelligence committee To hold closed hearings to examine cer- retary of the Interior to identify and To hold hearings to examine assessing declare wildlife disease emergencies tain intelligence matters. grants management practices at Fed- SH–219 and to coordinate rapid response to eral agencies. those emergencies, S. 810, to prohibit SD–342 the conducting of invasive research on JULY 31 Energy and Natural Resources great apes, S. 1494, to reauthorize and 10 a.m. Water and Power Subcommittee amend the National Fish and Wildlife To hold an oversight hearing to examine Energy and Natural Resources Foundation Establishment Act, S. 2071, the role of water use efficiency and its To hold hearings to examine S. 3385, to to grant the Secretary of the Interior impact on energy use. authorize the Secretary of the Interior permanent authority to authorize SD–366 to use designated funding to pay for States to issue electronic duck stamps, 3 p.m. construction of authorized rural water S. 2156, to amend the Migratory Bird Foreign Relations projects. Hunting and Conservation Stamp Act To hold hearings to examine S. 2215, to SD–366 to permit the Secretary of the Interior, create jobs in the United States by in- in consultation with the Migratory AUGUST 1 Bird Conservation Commission, to set creasing United States exports to Afri- prices for Federal Migratory Bird ca by at least 200 percent in real dollar 9 a.m. Hunting and Conservation Stamps and value within 10 years, focusing on eco- Agriculture, Nutrition, and Forestry make limited waivers of stamp require- nomic statecraft. To hold hearings to examine MF Global, ments for certain users, S. 2282, to ex- SD–419 focusing on accountability in the fu- tend the authorization of appropria- tures markets. tions to carry out approved wetlands JULY 26 SR–328A conservation projects under the North 9:30 a.m. American Wetlands Conservation Act Agriculture, Nutrition, and Forestry POSTPONEMENTS through fiscal year 2017, S. 3370, to au- To hold hearings to examine S. 3239, to thorize the Administrator of General provide for a uniform national stand- JULY 26 Services to convey a parcel of real ard for the housing and treatment of property in Albuquerque, New Mexico, egg-laying hens. 9:30 a.m. to the Amy Biehl High School Founda- SR–328A Homeland Security and Governmental Af- tion, S. 2251, to designate the United Foreign Relations fairs States courthouse located at 709 West Business meeting to consider The Con- Investigations Subcommittee 9th Street, Juneau, Alaska, as the Rob- vention on the Rights of Persons with To hold hearings to examine assessing ert Boochever United States Court- Disabilities, Adopted by the United Na- overlap between disability and unem- house, S. 2326, to designate the new tions General Assembly on December ployment benefits. United States courthouse in Buffalo, 13, 2006, and Signed by the United SD–342

VerDate Mar 15 2010 03:27 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\M23JY8.000 E23JYPT1 tjames on DSK6SPTVN1PROD with REMARKS Monday, July 23, 2012 Daily Digest Senate Bravery Board: Mike Hettich of Kentucky, vice Nick Chamber Action DiMarco of Ohio. Page S5264 Routine Proceedings, pages S5239–S5264 Moment of Silence—Agreement: A unanimous- Measures Introduced: Eight bills and one resolu- consent agreement was reached providing that at tion were introduced, as follows: S. 3416–3423 and 3:40 p.m., on Tuesday, July 24, 2012, Senate ob- S. Res. 524. Page S5257 serve a moment of silence in memory of Officer Measures Reported: Jacob J. Chestnut and Detective John M. Gibson of S. 1039, to impose sanctions on persons respon- the United States Capitol Police who were killed 14 sible for the detention, abuse, or death of Sergei years ago in the line of duty defending this Capitol, Magnitsky, for the conspiracy to defraud the Russian the people who work here, and its visitors against an Federation of taxes on corporate profits through armed intruder. Page S5264 fraudulent transactions and lawsuits against Hermit- Message from the President: Senate received the age, and for other gross violations of human rights following message from the President of the United in the Russian Federation, with an amendment in States: the nature of a substitute. (S. Rept. No. 112–191) Transmitting, pursuant to law, a report on the Page S5257 continuation of the national emergency originally de- Measures Considered: clared in Executive Order 13536 on April 12, 2010 with respect to Somalia, received during adjourn- Middle Class Tax Cut Act—Cloture: Senate began ment of the Senate July 20, 2012; which was re- consideration of the motion to proceed to consider- ferred to the Committee on Banking, Housing, and ation of S. 3412, to amend the Internal Revenue Urban Affairs. (PM–58) Pages S5256–57 Code of 1986 to provide tax relief to middle-class Nomination Confirmed: Senate confirmed the fol- families. Pages S5239–44 lowing nomination: A motion was entered to close further debate on By 91 yeas to 1 nay (Vote No. EX. 182), Michael the motion to proceed to consideration of the bill, A. Shipp, of New Jersey, to be United States Dis- and, in accordance with the provisions of Rule XXII trict Judge for the District of New Jersey. of the Standing Rules of the Senate, a vote on clo- Pages S5244–51, S5264 ture will occur on Wednesday, July 25, 2012. A unanimous-consent agreement was reached pro- Page S5244 viding that the motion to invoke cloture on the Appointments: nomination, be withdrawn. Page S5244 Federal Law Enforcement Congressional Badge Messages from the House: Page S5257 of Bravery Board: The Chair, on behalf of the Ma- Measures Referred: Page S5257 jority Leader and the Republican Leader, pursuant to the Public Law 110–298, reappointed the following Measures Placed on the Calendar: individual to serve as a member of the Federal Law Pages S5257, S5264 Enforcement Congressional Badge of Bravery Board: Measures Read the First Time: Pages S5257, S5264 Richard Gardner of Nevada. Page S5264 Additional Cosponsors: Pages S5257–59 State and Local Law Enforcement Congressional Statements on Introduced Bills/Resolutions: Badge of Bravery Board: The Chair, on behalf of Pages S5259–63 the Majority Leader and the Republican Leader, pur- Additional Statements: Pages S5255–56 suant to the Public Law 110–298, appointed the following individual to serve as a member of the State Amendments Submitted: Page S5263 and Local Law Enforcement Congressional Badge of Notices of Hearings/Meetings: Pages S5263–64 D754

VerDate Mar 15 2010 04:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.REC D23JYPT1 tjames on DSK6SPTVN1PROD with DIGEST July 23, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D755 Record Votes: One record vote was taken today. cluded a hearing to examine the nominations of (Total—182) Page S5251 Walter M. Shaub, Jr., of Virginia, to be Director of Adjournment: Senate convened at 2 p.m. and ad- the Office of Government Ethics, who was intro- journed at 6:20 p.m., until 10 a.m. on Tuesday, July duced by Representative Moran, and Rainey Ransom 24, 2012. (For Senate’s program, see the remarks of Brandt, and Kimberley Sherri Knowles, both to be the Acting Majority Leader in today’s Record on an Associate Judge of the Superior Court of the Dis- page S5264.) trict of Columbia, both introduced by Delegate Holmes Norton, after the nominees testified and an- Committee Meetings swered questions in their own behalf. (Committees not listed did not meet) NOMINATIONS Committee on Homeland Security and Governmental Af- fairs: On Friday, July 20, 2012, Committee con- h House of Representatives a more secure energy future in the United States, Chamber Action and for other purposes (H. Rept. 112–616). Public Bills and Resolutions Introduced: 4 public Pages H5129–30 bills, H.R. 6164–6167 were introduced. Page H5130 Speaker: Read a letter from the Speaker wherein he Additional Cosponsors: Pages H5130–31 appointed Representative Harris to act as Speaker Reports Filed: A report was filed on July 20, 2012 pro tempore for today. Page H5081 as follows: Recess: The House recessed at 12:06 p.m. and re- H.R. 6082, to officially replace, within the 60-day convened at 2 p.m. Page H5082 Congressional review period under the Outer Conti- Chaplain: The prayer was offered by the guest chap- nental Shelf Lands Act, President Obama’s Proposed lain, Reverend Andrew Walton, Capitol Hill Pres- Final Outer Continental Shelf Oil & Gas Leasing byterian Church, Washington, DC. Page H5082 Program (2012–2017) with a congressional plan that will conduct additional oil and natural gas lease sales Recess: The House recessed at 2:13 p.m. and recon- to promote offshore energy development, job cre- vened at 3:31 p.m. Page H5083 ation, and increased domestic energy production to Suspensions: The House agreed to suspend the rules ensure a more secure energy future in the United and pass the following measures: States, and for other purposes, with an amendment Providing for a land exchange with the Trinity (H. Rept. 112–615). Public Utilities District of Trinity County, Cali- A report was filed today as follows: fornia: H.R. 1237, amended, to provide for a land H. Res. 748, providing for consideration of the exchange with the Trinity Public Utilities District bill (H.R. 4078) to provide that no agency may take of Trinity County, California, involving the transfer any significant regulatory action until the unemploy- of land to the Bureau of Land Management and the ment rate is equal to or less than 6.0 percent, and Six Rivers National Forest in exchange for National providing for consideration of the bill (H.R. 6082) Forest System land in the Shasta-Trinity National to officially replace, within the 60-day Congressional Forest; Pages H5083–85 review period under the Outer Continental Shelf Y Mountain Access Enhancement Act: H.R. Lands Act, President Obama’s Proposed Final Outer 4484, amended, to provide for the conveyance of a Continental Shelf Oil & Gas Leasing Program small parcel of National Forest System land in the (2012–2017) with a congressional plan that will Uinta-Wasatch-Cache National Forest in Utah to conduct additional oil and natural gas lease sales to Brigham Young University; Pages H5085–86 promote offshore energy development, job creation, Naming the Jamaica Bay Wildlife Refuge Vis- and increased domestic energy production to ensure itor Contact Station of the Jamaica Bay Wildlife

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Refuge unit of Gateway National Recreation Area East Genesee Street in Baldwinsville, New York, as in honor of James L. Buckley: H.R. 5958, to name the ‘‘Corporal Kyle Schneider Post Office Building’’; the Jamaica Bay Wildlife Refuge Visitor Contact Pages H5111–12 Station of the Jamaica Bay Wildlife Refuge unit of National Clandestine Service of the Central In- Gateway National Recreation Area in honor of James telligence Agency NCS Officer Gregg David L. Buckley; Pages H5086–87 Wenzel Memorial Post Office Designation Act: Wood-Pawcatuck Watershed Protection Act: H.R. 3593, to designate the facility of the United H.R. 3388, amended, to amend the Wild and Scenic States Postal Service located at 787 State Route 17M Rivers Act to designate a segment of the Beaver, in Monroe, New York, as the ‘‘National Clandestine Chipuxet, Queen, Wood, and Pawcatuck Rivers in Service of the Central Intelligence Agency NCS Offi- the States of Connecticut and Rhode Island for study cer Gregg David Wenzel Memorial Post Office’’; for potential addition to the National Wild and Sce- Page H5112 nic Rivers System; Pages H5087–88 Army First Sergeant David McNerney Post Of- Bridgeport Indian Colony Land Trust, Health, fice Building Designation Act: H.R. 3477, to des- and Economic Development Act: H.R. 2467, ignate the facility of the United States Postal Service amended, to take certain Federal lands in Mono located at 133 Hare Road in Crosby, Texas, as the County, California, into trust for the benefit of the Army First Sergeant David McNerney Post Office 2 Bridgeport Indian Colony; Pages H5096–98 Building, by a ⁄3 yea-and-nay vote of 379 yeas with none voting ‘‘nay’’, Roll No. 501; Repealing an obsolete provision in title 49, Pages H5112–13, H5116–17 United States Code, requiring motor vehicle insurance cost reporting: H.R. 5859, amended, to repeal Judge Shirley A. Tolentino Post Office Building an obsolete provision in title 49, United States Code, Designation Act: H.R. 2896, to designate the facil- requiring motor vehicle insurance cost reporting; ity of the United States Postal Service located at 369 Pages H5098–H5100 Martin Luther King Jr. Drive in Jersey City, New Jersey, as the ‘‘Judge Shirley A. Tolentino Post Of- Pilot’s Bill of Rights: S. 1335, to amend title 49, fice Building’’; and Pages H5113–14 United States Code, to provide rights for pilots; Pages H5100–02 Warren Lindley Post Office Designation Act: H.R. 1369, to designate the facility of the United Edwin L. Mechem United States Courthouse States Postal Service located at 1021 Pennsylvania Designation Act: H.R. 3742, to designate the Avenue in Hartshorne, Oklahoma, as the ‘‘Warren United States courthouse located at 100 North Lindley Post Office’’. Page H5114 Church Street in Las Cruces, New Mexico, as the ‘‘Edwin L. Mechem United States Courthouse’’; Suspensions—Failed: The House failed to agreed Pages H5102–03 to suspend the rules and pass the following measures: Robert H. Jackson United States Courthouse Designation Act: H.R. 3556, to designate the new Indian Tribal Trade and Investment Dem- United States courthouse in Buffalo, New York, as onstration Project Act: H.R. 2362, amended, to fa- the ‘‘Robert H. Jackson United States Courthouse’’; cilitate economic development by Indian tribes and encourage investment by Turkish enterprises, by a Pages H5103–04 2⁄3 yea-and-nay vote of 222 yeas to 160 nays, Roll Robert Boochever United States Courthouse Des- No. 499 and Pages H5088–96, H5115 ignation Act: H.R. 4347, to designate the United States courthouse located at 709 West 9th Street in Allowing a State or local government to construct levees on certain properties otherwise des- Juneau, Alaska, as the ‘‘Robert Boochever United ignated as open space lands: S. 2039, to allow a States Courthouse’’; Pages H5104–05 State or local government to construct levees on cer- Nicky ‘‘Nick’’ Daniel Bacon Post Office Des- tain properties otherwise designated as open space ignation Act: H.R. 3870, to designate the facility of lands, by a 2⁄3 yea-and-nay vote of 126 yeas to 254 the United States Postal Service located at 6083 nays, Roll No. 500. Pages H5105–10, H5115–16 Highway 36 West in Rose Bud, Arkansas, as the Presidential Message: Read a message from the ‘‘Nicky ‘Nick’ Daniel Bacon Post Office’’; President wherein he reported to Congress that he Pages H5110–11 has issued an Executive Order taking additional Corporal Kyle Schneider Post Office Building steps with respect to the national emergency de- Designation Act: H.R. 5837, to designate the facil- clared in Executive Order 13536 of April 12, 2010 ity of the United States Postal Service located at 26 relating to Somalia—referred to the Committee on

VerDate Mar 15 2010 04:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.REC D23JYPT1 tjames on DSK6SPTVN1PROD with DIGEST July 23, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D757 Foreign Affairs and ordered to be printed (H. Doc. HELIUM: SUPPLY SHORTAGES IMPACTING 112–126). Pages H5082–83 OUR ECONOMY, NATIONAL DEFENSE AND Quorum Calls—Votes: Three yea-and-nay votes de- MANUFACTURING veloped during the proceedings of today and appear Committee on Natural Resources: Subcommittee on En- on pages H5115, H5115–16 and H5116–17. There ergy and Mineral Resources held a hearing entitled were no quorum calls. ‘‘Helium: Supply Shortages Impacting our Economy, Adjournment: The House met at 12 noon and ad- National Defense and Manufacturing’’. Testimony journed at 8:57 p.m. was heard from Tim Spisak, Deputy Assistant Direc- tor, Minerals and Realty Management, Bureau of Land Management, Department of the Interior; and Committee Meetings public witnesses. On Friday, July 20, 2012, the Committee concluded a hearing to examine the following: Committee Hearings IMPACT OF THE DODD-FRANK ACT ON On Monday, July 23, 2012, the Committee con- MUNICIPAL FINANCE cluded a hearing to examine the following: Committee on Financial Services: Subcommittee on Cap- REGULATORY FREEZE FOR JOBS ACT OF ital Markets and Government Sponsored Enterprises 2012; AND CONGRESSIONAL REPLACEMENT held a hearing entitled ‘‘The Impact of the Dodd- OF PRESIDENT OBAMA’S ENERGY- Frank Act on Municipal Finance’’. Testimony was RESTRICTING AND JOB-LIMITING heard from public witnesses. OFFSHORE DRILLING PLAN On Friday, July 20, 2012, the Committee con- Committee on Rules: Full Committee held a hearing on cluded a hearing to examine the following: the following: H.R. 4078, the ‘‘Regulatory Freeze for Jobs Act of 2012’’; and H.R. 6082, the ‘‘Con- LEGISLATIVE MEASURES gressional Replacement of President Obama’s En- Committee on Natural Resources: Subcommittee on Na- ergy-Restricting and Job-Limiting Offshore Drilling tional Parks, Forests and Public Lands held a hearing Plan’’. The Committee granted, by a record vote, a on the following measures: H.R. 5744 the ‘‘Cata- structured rule for H.R. 4078. The rule provides two strophic Wildfire Prevention Act of 2012’’; H.R. hours of general debate equally divided among and 5960, the ‘‘Depleting Risk from Insect Infestation, controlled by the chair and ranking minority mem- Soil Erosion, and Catastrophic Fire Act of 2012’’; ber of the Committee on the Judiciary and the chair and H.R. 6089, to address the bark beetle epidemic, and ranking minority member of the Committee on drought, deteriorating forest health conditions, and Oversight and Government Reform. The rule waives high risk of wildfires on National Forest System land all points of order against consideration of the bill. and land under the jurisdiction of the Bureau of The rule provides that the amendment in the nature Land Management in the United States by expand- of a substitute consisting of the text of Rules Com- ing authorities established in the Healthy Forest mittee Print 112–28, as modified by the amendment Restoration Act of 2003 to provide emergency meas- printed in Part A of the Rules Committee report, ures for high-risk areas identified by such States, to shall be considered as adopted. The bill, as amended, make permanent Forest Service and Bureau of Land shall be considered as read. The rule waives all Management authority to conduct good-neighbor co- points of order against provisions in the bill, as operation with States to reduce wildfire risks, and for amended. The rule makes in order only those further other purposes. Testimony was heard from Rep- amendments to H.R. 4078 printed in Part B of the resentatives Gosar, Markey, and Tipton; and Mary Rules Committee report. Each such amendment may Wagner, Associate Chief, Forest Service, Department be offered only in the order printed in the report, of Agriculture; Ed Roberson, Assistant Director, Re- may be offered only by a Member designated in the newable Resources and Planning, Bureau of Land report, shall be considered as read, shall be debatable Management, Department of the Interior; Doyel for the time specified in the report equally divided Shamley, Natural Resource Coordinator, Apache and controlled by the proponent and an opponent, County, Arizona; Tom Jankovsky, Commissioner, shall not be subject to amendment, and shall not be Garfield County, Colorado; Dan Gibbs, Commis- subject to a demand for division of the question. The sioner, Summit County, Colorado; and public wit- rule waives all points of order against the amend- nesses. ments printed in Part B of the report. The rule pro- On Friday, July 20, 2012, the Committee con- vides one motion to recommit H.R. 4078 with or cluded a hearing to examine the following: without instructions.

VerDate Mar 15 2010 04:14 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.REC D23JYPT1 tjames on DSK6SPTVN1PROD with DIGEST D758 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2012 The resolution further provides for a structured Health, to hold a joint oversight hearing to examine En- rule for H.R. 6082. The rule provides one hour of vironmental Protection Agency authorities and actions to general debate equally divided and controlled by the control exposures to toxic chemicals, 10 a.m., SD–406. chair and ranking minority member of the Com- Committee on Foreign Relations: to receive a closed brief- mittee on Natural Resources. The rule waives all ing on an intelligence update on Syria, 10 a.m., SVC–217. points of order against consideration of the bill. The Committee on the Judiciary: Subcommittee on Immigra- rule makes in order as original text for purpose of tion, Refugees and Border Security, to hold hearings to amendment the amendment in the nature of a sub- examine strengthening the student visa system, 10 a.m., stitute consisting of the text of Rules Committee SD–226. Print 112–29 and provides that it shall be consid- Subcommittee on the Constitution, Civil Rights and ered as read. The rule waives all points of order Human Rights, to hold hearings to examine responding against the amendment in the nature of a substitute. to Citizens United and Super PACs, 2:30 p.m., SH–216. The rule makes in order only those amendments to Select Committee on Intelligence: to hold a closed markup H.R. 6082 printed in Part C of the Rules Com- session to consider certain intelligence matters, 2:30 p.m., mittee report. Each such amendment may be offered SH–219. only in the order printed in the report, may be of- f fered only by a Member designated in the report, shall be considered as read, shall be debatable for the CONGRESSIONAL PROGRAM AHEAD time specified in the report equally divided and con- Week of July 24 through July 27, 2012 trolled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject Senate Chamber to a demand for division of the question. The rule waives all points of order against the amendments Cloture was filed on the motion to proceed to printed in Part C of the report. Finally, the rule pro- consideration of S. 3412, Middle Class Tax Cut Act. vides one motion to recommit H.R. 6082 with or If no agreement is reached, the cloture vote on the without instructions. Testimony was heard from motion to proceed to consideration of the bill will Chairmen Issa and Hastings (WA), Representatives occur on Wednesday. Cummings, Lankford, Griffin (AR), Watt, Johnson During the balance of the week, Senate may con- (GA), Manzullo, Frank (MA), Posey, Schweikert, sider any cleared legislative and executive business. Markey (MA), Woolsey, and Courtney. Senate Committees Joint Meetings (Committee meetings are open unless otherwise indicated) No joint committee meetings were held. Committee on Agriculture, Nutrition, and Forestry: July 26, to hold hearings to examine S. 3239, to provide for a f uniform national standard for the housing and treatment COMMITTEE MEETINGS FOR TUESDAY, of egg-laying hens, 9:30 a.m., SR–328A. JULY 24, 2012 Committee on Appropriations: July 25, Subcommittee on Departments of Labor, Health and Human Services, and (Committee meetings are open unless otherwise indicated) Education, and Related Agencies, to hold hearings to examine the impact of sequestration on education, 10 a.m., Senate SD–124. Committee on Banking, Housing, and Urban Affairs: to July 25, Subcommittee on Energy and Water Develop- hold hearings to examine housing partnerships in Indian ment, to hold hearings to examine the proper size of the country, 10 a.m., SD–538. nuclear weapons stockpile to maintain a credible U.S. de- Subcommittee on Financial Institutions and Consumer terrent, 10 a.m., SD–192. Protection, to hold hearings to examine private student Committee on Banking, Housing, and Urban Affairs: July loans, focusing on providing flexibility and opportunity 24, to hold hearings to examine housing partnerships in to borrowers, 2:30 p.m., SD–538. Indian country, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: to July 24, Subcommittee on Financial Institutions and hold hearings to examine the Cable Act at 20, 2:30 p.m., Consumer Protection, to hold hearings to examine private SR–253. student loans, focusing on providing flexibility and op- Committee on Energy and Natural Resources: to hold hear- portunity to borrowers, 2:30 p.m., SD–538. ings to examine assessing the opportunities for, current July 26, Full Committee, to hold hearings to examine level of investment in, and barriers to the expanded usage the Financial Stability Oversight Council’s annual report of natural gas as a fuel for transportation, 10 a.m., to Congress, 10 a.m., SD–538. SD–366. Committee on Commerce, Science, and Transportation: July Committee on Environment and Public Works: with the 24, to hold hearings to examine the Cable Act at 20, Subcommittee on Superfund, Toxics and Environmental 2:30 p.m., SR–253.

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July 25, Full Committee, to hold hearings to examine July 25, Subcommittee on Near Eastern and South and the International Space Station, focusing on research, col- Central Asian Affairs, to hold hearings to examine Iran’s laboration, and discovery, 10 a.m., SR–253. support for terrorism in the Middle East, 10 a.m., July 25, Full Committee, to hold hearings to examine SD–419. short-supply prescription drugs, 2:30 p.m., SR–253. July 25, Full Committee, to hold hearings to examine Committee on Energy and Natural Resources: July 24, to S. 2215, to create jobs in the United States by increasing hold hearings to examine assessing the opportunities for, United States exports to Africa by at least 200 percent current level of investment in, and barriers to the ex- in real dollar value within 10 years, focusing on economic panded usage of natural gas as a fuel for transportation, statecraft, 3 p.m., SD–419. 10 a.m., SD–366. July 26, Full Committee, business meeting to consider July 25, Subcommittee on Water and Power, to hold The Convention on the Rights of Persons with Disabil- an oversight hearing to examine the role of water use effi- ities, Adopted by the United Nations General Assembly ciency and its impact on energy use, 2:30 p.m., SD–366. on December 13, 2006, and Signed by the United States Committee on Environment and Public Works: July 24, of America on June 30, 2009 (Treaty Doc 112–7), 9:30 with the Subcommittee on Superfund, Toxics and Envi- a.m., SD–G50. ronmental Health, to hold a joint oversight hearing to Committee on Health, Education, Labor, and Pensions: July examine Environmental Protection Agency authorities 26, Subcommittee on Children and Families, to hold and actions to control exposures to toxic chemicals, 10 hearings to examine the Child Care and Development a.m., SD–406. Block Grant (CCDBG) reauthorization, focusing on help- July 25, Full Committee, business meeting to consider ing to meet the child care needs of American families, 10 S. 847, to amend the Toxic Substances Control Act to en- a.m., SD–430. sure that risks from chemicals are adequately understood Committee on Homeland Security and Governmental Affairs: and managed, S. 357, to authorize the Secretary of the July 25, Subcommittee on Federal Financial Management, Interior to identify and declare wildlife disease emer- Government Information, Federal Services, and Inter- gencies and to coordinate rapid response to those emer- national Security, to hold hearings to examine assessing gencies, S. 810, to prohibit the conducting of invasive re- grants management practices at Federal agencies, 2:30 search on great apes, S. 1494, to reauthorize and amend p.m., SD–342. the National Fish and Wildlife Foundation Establishment Committee on Indian Affairs: July 26, to hold an over- Act, S. 2071, to grant the Secretary of the Interior per- sight hearing to examine the regulation of tribal gaming, manent authority to authorize States to issue electronic focusing on brick and mortar to the internet, 2:15 p.m., duck stamps, S. 2156, to amend the Migratory Bird SD–628. Hunting and Conservation Stamp Act to permit the Sec- Committee on the Judiciary: July 24, Subcommittee on retary of the Interior, in consultation with the Migratory Bird Conservation Commission, to set prices for Federal Immigration, Refugees and Border Security, to hold hear- Migratory Bird Hunting and Conservation Stamps and ings to examine strengthening the student visa system, make limited waivers of stamp requirements for certain 10 a.m., SD–226. users, S. 2282, to extend the authorization of appropria- July 24, Subcommittee on the Constitution, Civil tions to carry out approved wetlands conservation projects Rights and Human Rights, to hold hearings to examine under the North American Wetlands Conservation Act responding to Citizens United and Super PACs, 2:30 through fiscal year 2017, S. 3370, to authorize the Ad- p.m., SH–216. ministrator of General Services to convey a parcel of real July 25, Full Committee, to hold hearings to examine property in Albuquerque, New Mexico, to the Amy Biehl ensuring judicial independence through civics education, High School Foundation, S. 2251, to designate the 10 a.m., SH–216. United States courthouse located at 709 West 9th Street, July 26, Full Committee, business meeting to consider Juneau, Alaska, as the Robert Boochever United States S. 225, to permit the disclosure of certain information for Courthouse, S. 2326, to designate the new United States the purpose of missing child investigations, S.J. Res. 44, courthouse in Buffalo, New York, as the ‘‘Robert H. granting the consent of Congress to the State and Prov- Jackson United States Courthouse’’, S. 1735, to approve ince Emergency Management Assistance Memorandum of the transfer of Yellow Creek Port properties in Iuka, Mis- Understanding, and the nominations of Thomas M. sissippi, the nomination of Major General John Peabody, Durkin, to be United States District Judge for the United States Army, to be a Member and President of Northern District of Illinois, and Jon S. Tigar, and Wil- the Mississippi River Commission, proposed resolutions liam H. Orrick III, of the District of Columbia, both to relating to the General Services Administration, and pro- be a United States District Judge for the Northern Dis- posed resolutions in the Corps Study, city of Norfolk, trict of California, 10 a.m., SD–226. Virginia and Port Fourchon, Louisiana, 10 a.m., SD–406. July 26, Full Committee, to hold hearings to examine Committee on Finance: July 25, to hold hearings to ex- the nominations of William Joseph Baer, of Maryland, to amine education tax incentives and tax reform, 10 a.m., be an Assistant Attorney General, Department of Justice, SD–215. 1 p.m., SD–226. Committee on Foreign Relations: July 24, to receive a Select Committee on Intelligence: July 24, to hold a closed closed briefing on an intelligence update on Syria, 10 markup session to consider certain intelligence matters, a.m., SVC–217. 2:30 p.m., SH–219.

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July 26, Full Committee, to hold closed hearings to July 25, Full Committee, hearing entitled ‘‘The An- examine certain intelligence matters, 2:30 p.m., SH–219. nual Report of the Financial Stability Oversight Council’’, Special Committee on Aging: July 25, to hold hearings to 9:30 a.m., 2128 Rayburn. examine enhancing women’s retirement security, 2 p.m., July 26, Subcommittee on Capital Markets, hearing en- SD–562. titled ‘‘The 10th Anniversary of the Sarbanes-Oxley Act’’, 9:30 a.m., 2128 Rayburn. House Committees Committee on Foreign Affairs, July 24, Subcommittee on Committee on Agriculture, July 25, Full Committee, hear- Europe and Eurasia, hearing entitled ‘‘U.S. Engagement ing entitled ‘‘Oversight of the Swaps and Futures Mar- in Central Asia’’, 2 p.m., 2172 Rayburn. kets: Recent Events and Impending Regulatory Reforms’’, July 25, Full Committee, hearing entitled ‘‘Inves- 10 a.m., 1300 Longworth. tigating the Chinese Threat, Part Two: Human Rights Committee on Appropriations, July 26, Full Committee, Abuses, Torture and Disappearances’’, 10 a.m., 2172 Ray- hearing on the Department of Homeland Security— burn. Chemical Facility Anti-Terrorism Standards (CFATS) Pro- Committee on Homeland Security, July 24, Subcommittee gram, 10 a.m., 2359 Rayburn. on Cybersecurity, Infrastructure Protection, and Security Committee on Armed Services, July 24, Subcommittee on Technologies, hearing entitled ‘‘Securing Federal Facili- Oversight and Investigations, hearing on Afghan National ties: An Examination of FPS Progress in Improving Over- Security Forces and Security Lead Transition: The Assess- sight and Assessing Risk’’, 10 a.m., 311 Cannon. ment Process, Metrics, and Efforts to Build Capability, 2 July 25, Full Committee, hearing entitled ‘‘Under- p.m., 2212 Rayburn. standing the Homeland Threat Landscape’’, 10 a.m., 311 July 25, Committee on Armed Services and Committee Cannon. on Veterans’ Affairs, joint hearing on Back from the Bat- July 26, Subcommittee on Cybersecurity, Infrastructure tlefield: DOD and VA Collaboration to Assist Service Protection, and Security Technologies, hearing entitled Members Returning to Civilian Life, 10 a.m., 2118 Ray- ‘‘Preventing Nuclear Terrorism: Does DHS have an Effec- burn, tive and Efficient Nuclear Detection Strategy?’’, 10 a.m., July 25, Subcommittee on Emerging Threats and Ca- 311 Cannon. pabilities, hearing on Digital Warriors: Improving Mili- Committee on the Judiciary, July 24, Full Committee, tary Capabilities for Cyber Operations, 3:30 p.m., 2118 hearing on H.R. 3179, the ‘‘Marketplace Equity Act of Rayburn. 2011’’, 10 a.m., 2141 Rayburn. July 26, Subcommittee on Readiness, hearing on Civil- July 24, Subcommittee on Immigration Policy and En- ian Workforce Requirements—Now and Across the Fu- forcement, hearing entitled ‘‘The Aftermath of Fraud by ture Years Defense Program, 11:30 a.m., 2212 Rayburn. Immigration Attorneys’’, 2 p.m., 2141 Rayburn. Committee on Education and the Workforce, July 24, Sub- July 25, Subcommittee on Crime, Terrorism, and committee on Early Childhood, Elementary, and Sec- Homeland Security, hearing entitled ‘‘Beyond the Streets: ondary Education, hearing entitled ‘‘Education Reforms: America’s Evolving Gang Threat’’, 10 a.m., 2141 Ray- Discussing the Value of Alternative Teacher Certification burn. Programs’’, 10 a.m., 2175 Rayburn. July 25, Subcommittee on Intellectual Property, Com- July 25, Subcommittee on Health, Employment, petition and the Internet, hearing entitled ‘‘Cloud Com- Labor, and Pensions, hearing entitled ‘‘Examining Pro- puting: An Overview of the Technology and the Issues posals to Strengthen the National Labor Relations Act’’, facing American Innovators’’, 12:30 p.m., 2141 Rayburn. 10 a.m., 2175 Rayburn. July 26, Subcommittee on the Constitution, hearing on Committee on Energy and Commerce, July 24, Sub- the U.S. Department of Justice Civil Rights Division, committee on Environment and the Economy and Sub- 9:30 a.m., 2141 Rayburn. committee on Energy and Power, joint hearing entitled Committee on Natural Resources, July 24, Full Com- ‘‘NRC Policy and Governance Oversight’’, 10 a.m., 2123 mittee, hearing entitled ‘‘The Impact of Catastrophic For- Rayburn. est Fires and Litigation on People and Endangered Spe- July 24, Subcommittee on Energy and Power, begin cies: Time for Rational Management of our Nation’s For- markup of the ‘‘No More Solyndras Act’’, 4 p.m., 2123 ests’’, 10 a.m., 1324 Longworth. Rayburn. July 24, Subcommittee on Indian and Alaska Native July 25, Subcommittee on Energy and Power, continue Affairs, hearing on the following: H.R. 726, to amend markup of the ‘‘No More Solyndras Act’’, 10 a.m., 2123 the Grand Ronde Reservation Act to make technical cor- Rayburn. rections, and for other purposes; H.R. 3319, to allow the Committee on Financial Services, July 24, Subcommittee Pascua Yaqui Tribe to determine the requirements for on Financial Institutions and Consumer Credit, hearing membership in that tribe; and legislation to provide for entitled ‘‘Examining Consumer Credit Access Concerns, the addition of certain real property to the reservation of New Products and Federal Regulations,’’ 10 a.m., 2128 the Siletz Tribe in the State of Oregon; and H.R. 6141, Rayburn to provide for the addition of certain real property to the July 24, Subcommittee on Insurance, Housing and reservation of the Siletz Tribe in the State of Oregon, 2 Community Opportunity, hearing entitled ‘‘The Impact p.m., 1334 Longworth. of Dodd-Frank’s Insurance Regulations on Consumers, July 25, Full Committee, hearing entitled ‘‘Investiga- Job Creators, and the Economy,’’ 2 p.m., 2128 Rayburn. tion of President Obama’s Gulf Drilling Moratorium:

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Questioning of Key Department of the Interior Officials’’, July 26, Subcommittee on Agriculture, Energy and 10 a.m., 1324 Longworth. Trade, hearing entitled ‘‘Market Closed: Foreign Trade Committee on Oversight and Government Reform, July 24, Barriers Facing Small Agriculture Exporters’’, 10 a.m., Subcommittee on National Security, Homeland Defense 2360 Rayburn. and Foreign Operations, hearing entitled ‘‘Dawood Na- Committee on Transportation and Infrastructure, July 24, tional Military Hospital, Afghanistan: What Happened Subcommittee on Economic Development, Public Build- and What Went Wrong?’’, 10 a.m., 2154 Rayburn. ings, and Emergency Management, hearing entitled ‘‘A July 24, Subcommittee on TARP, Financial Services Review of Building Codes and Mitigation Efforts to Help and Bailouts of Public and Private Programs, hearing en- Minimize the Costs Associated with Natural Disasters’’, titled ‘‘Credit Crunch: Is the CFPB Restricting Consumer 10 a.m., 2167 Rayburn. Access to Credit?’’, 10 a.m., 2247 Rayburn. July 25, Subcommittee on Water Resources and Envi- July 24, Subcommittee on Health Care, District of Co- lumbia, Census and the National Archives, hearing enti- ronment, hearing entitled ‘‘Integrated Planning and Per- tled ‘‘Meth Revisited: Review of State and Federal Efforts mitting, Part 2: An Opportunity for EPA to Provide to Solve the Domestic Methamphetamine Production Re- Communities with Flexibility to Make Smart Investments surgence’’, 9:30 a.m., 2203 Rayburn. in Water Quality’’, 10 a.m., 2167 Rayburn. July 25, Full Committee, hearing entitled ‘‘GAO Re- Committee on Ways and Means, July 24, Subcommittee port: The Obama Administration’s $8 Billion Extralegal on Health, hearing on physician organization efforts to Healthcare Spending Project’’, 9:30 a.m., 2154 Rayburn. promote high quality care and implications for Medicare Committee on Science, Space, and Technology, July 25, Full physician payment reform, 10 a.m., 1100 Longworth. Committee, hearing entitled ‘‘Drought Forecasting, Mon- July 25, Subcommittee on Oversight, hearing on Pub- itoring and Decision-making: A Review of the National lic Charity Organizational Issues, Unrelated Business In- Integrated Drought Information System’’, 10 a.m., 2318 come Tax, and the Revised Form 990, 9:30 a.m., 1100 Rayburn. Longworth. July 26, Subcommittee on Energy and Environment, July 25, Full Committee held a hearing on SSI finan- hearing entitled ‘‘Review of DOE Vehicle Technologies cial eligibility requirements and the use of technology to Program Management and Activities: Assuring Appro- improve their administration, 2 p.m., 1100 Longworth. priate and Effective Use of Taxpayer Funding’’, 9:30 a.m., House Permanent Select Committee on Intelligence, July 26, 2318 Rayburn. Full Committee, hearing on ongoing intelligence activi- Committee on Small Business, July 25, Full Committee, ties, 9 a.m., HVC–304. This is a closed hearing. hearing entitled ‘‘Tales of Resilience: Small Business Sur- vival in the Recession’’, 1 p.m., 2360 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, July 24 10 a.m., Tuesday, July 24

Senate Chamber House Chamber Program for Tuesday: The Majority Leader will be rec- Program for Tuesday: Consideration of the following ognized. measures under suspension of the Rules: (1) H.R. 459— (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Federal Reserve Transparency Act; (2) H.R. 4157—Pre- respective party conferences.) serving America’s Family Farms Act, as amended; and (3) (At 3:40 p.m., the Senate will observe a moment of silence H.R. 5986—To amend the African Growth and Oppor- in memory of Officer Jacob J. Chestnut and Detective John M. tunity Act to extend the third-country fabric program Gibson of the United States Capitol Police.) and to add South Sudan to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the Dominican Republic-Central America-United States Free Trade Agreement, and to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003. Consideration of H.R. 6082—Congressional Replacement of President Obama’s Energy-Restricting and Job-Limiting Offshore Drilling Plan (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1297 Rangel, Charles B., N.Y., E1298 Johnson, Eddie Bernice, Tex., E1301 Reyes, Silvestre, Tex., E1301 Bishop, Timothy H., N.Y., E1300 Kucinich, Dennis J., Ohio, E1295, E1298 Richardson, Laura, Calif., E1295, E1298 Burton, Dan, Ind., E1299 Lofgren, Zoe, Calif., E1295 Rogers, Harold, Ky., E1296, E1299 Cantor, Eric, Va., E1298 McCaul, Michael T., Tex., E1296 Austin, David, Ga., E1300 Guinta, Frank C., N.H., E1296 McCollum, Betty, Minn., E1300, E1301 Slaughter, Louise McIntosh, N.Y., E1299 Hirono, Mazie K., Hawaii, E1297 Owens, William L., N.Y., E1296 Thompson, Bennie G., Miss., E1295, E1297, E1300

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