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, JANUARY 23, 2012 No. 9 House of Representatives The House met at noon and was day in Memphis, in a largely African plishments of many African Americans called to order by the Speaker pro tem- American crowd, I realized this was a in our history, African Americans who pore (Ms. FOXX). story about America’s progress and ful- came here in about 1620 as slaves and f filling its promise and about the prob- didn’t get freedom from slavery until lems we’ve had and have had to over- 1865, and then didn’t get real freedom DESIGNATION OF SPEAKER PRO come. until Jim Crow laws were overturned TEMPORE The Tuskegee Airmen were men that in the 1960s. The vestiges of slavery and The SPEAKER pro tempore laid be- wanted to fight for their country in Jim Crow still live with us. Those who fore the House the following commu- World War II, but they weren’t allowed overcame those obstacles and broke nication from the Speaker: to because of segregationist policies down barriers were heroes and need to WASHINGTON, DC, that we had at the time. The military be recognized in the middle of month of January 23, 2012. wasn’t integrated, and they didn’t February. I hereby appoint the Honorable VIRGINIA think African Americans were capable At one time, they said African Amer- FOXX to act as Speaker pro tempore on this of serving as pilots and weren’t allowed icans couldn’t play baseball, and Jack- day. to do so. They had an experimental ie Robinson showed them wrong. They JOHN A. BOEHNER, group set up in Tuskegee, Alabama, the said African Americans couldn’t be Speaker of the House of Representatives. Tuskegee Institute, to train black quarterbacks, and Doug Williams and f Army personnel who wanted to be pi- others showed them wrong. They MORNING-HOUR DEBATE lots. They succeeded, and they formed couldn’t be coaches. Bill Russell took the Tuskegee Airmen. They had many the Celtics to championships, and Tony The SPEAKER pro tempore. Pursu- obstacles, but they beat the odds and Dungy in 2007 won a Super Bowl cham- ant to the order of the House of Janu- they succeeded. They rose to the chal- pionship. They couldn’t be pitchers and ary 17, 2012, the Chair will now recog- lenge. They dispelled myths that Afri- certainly couldn’t play tennis. Well, nize Members from lists submitted by can Americans weren’t courageous Arthur Ashe showed them wrong. In the majority and minority leaders for enough, weren’t skilled enough, golf, there is nobody in the world bet- morning-hour debate. weren’t smart enough. ter than Tiger Woods. The Chair will alternate recognition On Friday, at the request of the fam- And, you know, it’s amazing that in between the parties, with each party ily, I spoke at the funeral of Lieuten- this day and time, there are still bar- limited to 1 hour and each Member ant Colonel Luke Weathers, Jr. Lieu- riers to be broken. At one time, people other than the majority and minority tenant Colonel Weathers was from thought that an African American leaders and the minority whip limited Memphis originally and died in Tucson, couldn’t be President of the United to 5 minutes each, but in no event shall Arizona, at age 90. He was one of the States, wouldn’t be capable of such. debate continue beyond 1:50 p.m. first Tuskegee Airmen. He was buried Well, we know that’s wrong; but, unfor- f on Friday at Arlington National Ceme- tunately, there are still people in this tery with full military honors, family country who think that the President HONORING TUSKEGEE AIRMEN present, seven horses—six drawing the can’t be their President because of his The SPEAKER pro tempore. The carriage and the riderless horse—a race. Some even refer to him as a ‘‘food Chair recognizes the gentleman from military flyover, 21-gun salute passed, stamp President.’’ We know that code Tennessee (Mr. COHEN) for 5 minutes. an American hero being laid to rest in is wrong. I would ask anybody who Mr. COHEN. Madam Speaker, this hallowed ground, sacred ground, Ar- thinks that way or has those thoughts weekend a movie opened in America lington National Cemetery. to know that they are backwards that is really unlike any other movie. Lieutenant Colonel Weathers not thinking, just like the people were in It is a significant movie because it is only had to fight the Germans and the 1940s who said that black people about a group of gentleman who won fight for his country, he had to fight couldn’t participate in our military the Congressional Gold Medal, the his country to be accepted and benefit and couldn’t fly for our country and Tuskegee Airmen. They were the first in the basic rights that we all take for that the Red Tails couldn’t shoot down black airmen in the United States granted. To learn about Lieutenant the Germans and protect our bombers, military history. Colonel Weathers and the Tuskegee as they did. Those days are past. It’s part of black history; but beyond Airmen is inspiring. And during Black I would ask everybody to see the black history, it’s American history. History Month, we will reflect and we movie, remember the Tuskegee Air- Because as I watched the movie yester- celebrate other struggles and accom- men, realize how far our country has

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

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VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.000 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H84 CONGRESSIONAL RECORD — HOUSE January 23, 2012 come, and get beyond any bigotry that nesses, impound property, disrupt le- Area 4 director for the Northeast Re- we have in ourselves. This is a Nation gitimate speech, and dragoon innocent gion of the Boy Scouts of America. of tolerance and diversity, and we must third parties into enforcing laws that Bruce McMillan received his bach- celebrate it. I encourage everybody to may or may not have been broken. elor’s degree from Montclair State Uni- versity. He is a Vigil Honor member of learn about black history and the b 1210 Tuskegee Airmen, our great vehicle. the Order of the Arrow and a Wood When property is stolen, we hold ac- f Badge recipient. He has staffed jam- countable the individuals who know- borees, camp schools, and countless FREEDOM AND THE INTERNET, ingly commit the act and place the training events. VICTORIOUS burden of proof on the accuser. The ac- His career serving America’s youth The SPEAKER pro tempore. The cuser must demonstrate to the satis- began in 1975 as a district executive in Chair recognizes the gentleman from faction of the jury that the defendant Wayne, New Jersey. Since then, he California (Mr. MCCLINTOCK) for 5 min- stole property or that he received prop- went on to serve as a Scout executive utes. erty that he knew was stolen. in Maryland, New York, New Jersey, Mr. MCCLINTOCK. Madam Speaker, Yes, it is a ponderous system. Yes, it and Pennsylvania. Trip was then pro- long ago, Jefferson warned: ‘‘The nat- means you actually have to provide moted to the Northeast Region Area 4 ural progress of things is for liberty to evidence. Yes, it means you have to staff in 2001 and Area 4 director in 2008. yield and government to gain ground.’’ convince a jury. Yes, it means that we In all capacities, Trip has served with The exceptions to that rule have been can’t catch and successfully prosecute great distinction, earning the respect few and far between recently; and they every criminal. But the experience of and admiration of all he has served ought to be celebrated when they mankind over centuries has proven over a remarkable career. Congratula- occur, as one did just this past week that this is the best possible way to tions to Trip and his devoted wife, with the announcement that the sup- protect the innocent and protect our Diane. porters of the so-called Stop Online freedom while also punishing the Madam Speaker, I am honored to rec- Privacy Act and the Protect Intellec- guilty. In part, we punish the guilty to ognize a friend and scouting profes- tual Property Act have indefinitely discourage others that we might not be sional who has touched the lives of so postponed their measures after an unable to punish. many youth in his service to scouting. precedented protest across the Inter- As the arrests yesterday in New Zea- Well done, Scouter. net. land prove, it works. Let Mr. Schmitz f SOPA and PIPA pose a crippling dan- and his confederates be extradited, and KEYSTONE XL PIPELINE ger to the Internet because they use le- let them have their day in court. Let The SPEAKER pro tempore. The gitimate concern over copyright in- evidence be presented. Let a jury be Chair recognizes the gentleman from fringement as an excuse for govern- convinced of that evidence. And if con- Mississippi (Mr. HARPER) for 5 minutes. ment to intrude upon and regulate the victed of one of the greatest thefts in Mr. HARPER. Madam Speaker, I am very essence of the Internet—the unre- human history, let us mete out the full deeply disappointed by President stricted and absolutely free association measure of punishment provided by the Obama’s decision to deny that links site to site, providing infi- law to stand as a fearsome example to TransCanada’s application to build the nite pathways for commerce, discourse, others. Keystone XL pipeline. I know that and learning. It is not the Internet, per This doesn’t and won’t stop all theft, many of my colleagues in the House, se, that sets the stage for a quantum and it isn’t perfect. But to replace it Members of the Senate, and citizens leap in human knowledge advancement with one where mere accusation can across this country share my dis- but, rather, the free association that’s bring punishment or inflict ruinous appointment and near disbelief. I say at the core of the Internet; and this is costs upon innocent third parties ‘‘near’’ disbelief rather than ‘‘com- precisely what SOPA and PIPA di- would introduce a despotic and de- plete’’ because while an approval of the rectly threaten. structive concept that is antithetical application made sense to so many, I But as dangerous as this concept is to to the ancient rights that our govern- had a feeling that the President would the Internet, it pales in comparison to ment was formed to protect. continue down a path of making polit- the danger it poses to our fundamental The developments of the last few ical decisions instead of decisions freedoms as Americans. It is true that weeks have saved the Internet and based on merit and what is best for our rogue Web sites operating from off- saved these fundamental principles, at country, much like the knee-jerk reac- shore havens are stealing intellectual least for now. But Jefferson was right tion and decision to shut down drilling property and then selling it. We al- that the natural order is for govern- in the Gulf of Mexico after the Deep- ready have very good laws against ment to grow at the expense of liberty. water Horizon explosion on April 20, that, as evidenced by the arrest yester- That’s why we have our Constitution. 2010. day of Mr. Kim Schmitz and his associ- As to the protection of that Constitu- Instead of shutting down the neg- ates in New Zealand who stand accused tion, the Internet has now empowered ligent parties involved in the explo- of operating one of the biggest of these its rightful owners—‘‘we, the people’’— sion, the President shut down an entire rogue sites. to defend it more effectively than ever industry for 6 months, and then it took Theft of intellectual property is fun- before, which leads me, Madam Speak- almost another 6 months before the damentally no different than the theft er, to conclude that because of the first permit was issued—almost a 1- of any other kind of property. It should events of the past week, we will see year delay that cost thousands of fami- be taken no less seriously than the many more victories for freedom in the lies their jobs. While the President thefts perpetrated by the likes of Ber- days and years to come. may talk about energy independence, I nie Madoff or John Dillinger or Willie f question whether he understands the Sutton. It is no different, and it should role that oil plays in our economy and be treated no differently. In every such CONGRATULATING BRUCE will continue to play in our Nation’s case, it is the individual who commits MCMILLAN energy portfolio. Even worse would be the theft; and it is the individual who The SPEAKER pro tempore. The if he does understand and is just mak- is culpable and the individual who is Chair recognizes the gentleman from ing political decisions. accountable to the law; and it’s the in- Pennsylvania (Mr. THOMPSON) for 5 The application for Keystone XL has dividual who is also accorded the right minutes. been pending for over 3 years; and even of due process, including the presump- Mr. THOMPSON of Pennsylvania. though history shows that these types tion of innocence while he stands ac- Madam Speaker, I rise today to honor of applications generally take 18 cused. That’s what SOPA and PIPA de- the career of an Eagle Scout who is months to approve, the President said stroy. planning for retirement after 37 years that a February 21, 2012, deadline im- Upon mere accusation, these meas- of distinguished professional service to posed by Congress did not give him ures would allow the government to the Boy Scouts of America. Bruce enough time to properly review the ap- shut down Web sites, ruin honest busi- ‘‘Trip’’ McMillan will retire as the plication. The Keystone XL application

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.002 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H85 was pending for twice as long as a nor- Keystone XL because they know it will RECESS mal application. The President’s argu- create jobs. Americans across the coun- The SPEAKER pro tempore. Pursu- ment about not having enough time to try asked President Obama to approve ant to clause 12(a) of rule I, the Chair make a decision to approve the project this project. They realized its impor- declares the House in recess until 2 is weak, at best. The application was tance but were clearly ignored. p.m. today. filed more than 3 years ago, and a final The Keystone XL pipeline is just one Accordingly (at 12 o’clock and 20 decision on whether to let the pipeline example of how House Republicans minutes p.m.), the House stood in re- go forward was long, long overdue. have been working to promote job cre- cess until 2 p.m. Unfortunately, I believe the wrong ation without the need for ‘‘stimulus’’ f decision has been made. And if he money. While the President decided to didn’t want to approve it for environ- pander to his extreme environ- b 1400 mental reasons, I wonder if thought mentalist supporters in a campaign AFTER RECESS was given to the fact that China wants year instead of keeping the best inter- The recess having expired, the House the oil if the United States does not ests of the American people at heart, I was called to order by the Speaker at 2 get it, and that means putting the oil do not believe that this battle is over. p.m. on tankers, which we know would have Our country needs the pipeline. We a much more negative impact on the need these jobs. We need cheaper gas at f environment than pipelines. the pumps, and I’m committed to PRAYER Mr. Speaker, the United States needs working towards alternative ways to The Chaplain, the Reverend Patrick the XL Keystone pipeline. In his first get it back. J. Conroy, offered the following prayer: term in office, the President has loose- Dear God, we give You thanks for ly talked about the need for energy f giving us another day. independence. Keystone XL could help KEYSTONE XL PIPELINE WILL We ask Your special blessing upon provide the United States with the cer- CREATE JOBS the Members of this people’s House. tainty of almost a million barrels of oil They face difficult decisions in difficult a day, and that oil comes from our The SPEAKER pro tempore (Mr. times, with many forces and interests friend and largest trading partner, Can- THOMPSON of Pennsylvania). The Chair demanding their attention. ada, not the Middle East. At a time recognizes the gentlewoman from In these days, as the second session is when the price at the pump continues North Carolina (Ms. FOXX) for 5 min- poised to be fully engaged, give wisdom to fluctuate—in part due to uncer- utes. to all of the Members, that they might tainty in the Middle East—I cannot un- Ms. FOXX. Mr. Speaker, unemploy- execute their responsibilities to the derstand how the President justified ment is still at an all-time high; and benefit of all Americans. denying the transport of friendly Cana- the high cost of energy is having a significant negative impact on my dis- Bless them, O God, and be with them dian oil to our gulf coast refineries. and with us all this day and every day When the President took office in trict’s economy as well as on the econ- to come. May all that is done be for January 2009, the average cost of a gal- omy of the entire country. Your greater honor and glory. Amen. lon of gas was $1.83. On January 23, But when President Obama had the 2012, AAA reports that the current av- opportunity to help job creation and f erage is $3.83 per gallon. The record for lower energy costs, he turned his back THE JOURNAL on hardworking American taxpayers. the highest annual average price for a The SPEAKER. The Chair has exam- And as my colleague from Mississippi gallon of gasoline ever in our Nation’s ined the Journal of the last day’s pro- has just spelled out, we have just seen history was set in 2011. A major factor ceedings and announces to the House the highest energy costs ever in this in recent high prices is continued polit- his approval thereof. country last year, and the cost of gaso- ical tension in the Middle East and Pursuant to clause 1, rule I, the Jour- line itself has more than doubled under North Africa. These events have nal stands approved. threatened or disrupted huge quan- this President. tities of oil, causing great fear among President Obama has done all he can f investors. It is beyond evident that to stand in the way of businesses that PLEDGE OF ALLEGIANCE America needs relief. can help get Americans back to work. The SPEAKER. Will the gentleman The Keystone XL pipeline is a $7 bil- The President has struggled with from Ohio (Mr. JOHNSON) come forward turning the economy around since tak- lion private sector infrastructure and lead the House in the Pledge of Al- ing office 3 years ago, and his speeches project that will create 20,000 jobs with legiance. often center on the subject of jobs. Mr. its construction and an estimated Mr. JOHNSON of Ohio led the Pledge Speaker, I hope that the President re- 100,000 indirect jobs during the life of of Allegiance as follows: its operation. alizes that his denial of the Keystone I pledge allegiance to the Flag of the XL application is costing our country For the 3 years that President Obama United States of America, and to the Repub- tens of thousands of jobs. An analysis has been in office, he’s delayed this lic for which it stands, one nation under God, by the Perryman Group, an economic project for political benefit in order to indivisible, with liberty and justice for all. consultant in Texas, has demonstrated placate his liberal base. Liberals who f the tremendous job-creating potential oppose this project say that these jobs of this project. It is the reason that six are ‘‘temporary’’ and somehow of less OBAMA’S ACTIVIST EPA MUST BE major labor unions have signed project value. This is not just misguided, but STOPPED labor agreements to construct the pipe- insulting. All construction jobs, by (Mr. JOHNSON of Ohio asked and line. These are good-paying American their essence, are temporary. No con- was given permission to address the jobs that union members are eager to struction project is permanent. It’s a House for 1 minute and to revise and fill. However, instead of issuing the dangerous precedent these groups are extend his remarks.) necessary permits to begin construc- setting by denigrating hardworking Mr. JOHNSON of Ohio. Mr. Speaker, tion of the pipeline and put Americans Americans for the type of work they here is the simple truth: the Obama ad- to work, the administration drags its perform. ministration is driven by a far left lib- feet for over 3 years and at the end of The President is in full campaign eral ideology rather than the facts. that time denied an estimated 120,000 mode. He’s more interested in pro- This administration says it wants to Americans jobs to provide a way to tecting his job than allowing the pri- put America back to work, but through support their families. vate sector to create jobs. its policies is doing the exact opposite. Pro-business groups like Americans Mr. Speaker, we cannot continue to For example, because of the EPA’s new for Prosperity and the Chamber of import energy from Middle Eastern train wreck of regulation, up to 160 di- Commerce support Keystone XL as a countries. North American energy will rect jobs will be lost with the acceler- way to give a much-needed boost to the lead to energy security, lower energy ated closure of Beverly, Ohio’s economy. Pro-labor groups support costs, and more jobs for Americans. Muskingum coal-fired power plant.

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.005 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H86 CONGRESSIONAL RECORD — HOUSE January 23, 2012 This train wreck of regulation is the contributed to the eradication of bru- Mr. DOLD. Madam Speaker, this most expensive regulation that the cellosis in the dairy industry. He has morning we learned that Senator MARK EPA has ever mandated. These costs also successfully advocated for dif- KIRK suffered a stroke over the week- will ultimately be passed on to hard- ferent nutrition standards for sheep, end. I know all of my colleagues here working families in the form of higher leading to an overall increase in the in the House join me in expressing our utility rates. This new disastrous regu- health of our sheep herds nationwide. thoughts and prayers not only to Sen- lation will also cost southern Ohio His dedication to animal health ator KIRK but to his family, his friends, many indirect jobs related to the coal started at a very young age when an and his staff for a quick and speedy re- industry. No matter how you look at outbreak of disease occurred on his covery. it, the President has declared war on farm. Since that point, he has dedi- As many of you know, I succeeded the coal industry and the jobs that go cated a lifetime to veterinary medi- MARK in this body. He served here for with it. cine, stopping disease outbreaks and 10 years before moving on to the Sen- It is time for this administration to advocating prevention. ate. He has been a friend and a mentor get serious about creating real jobs, Aside from his medical successes, he and still is to this day. creating an energy policy that puts is also an avid cyclist. In fact, his busi- One thing that I know about MARK is America first, and ending its war on ness card states that he specializes in that MARK is a fighter. MARK fought coal. both sheep health and bicycling. At 65, for 10 years to represent the people of the 10th District of Illinois, battling f Dr. Kimberling completed a bike trip from Oceanside, California, to Bar Har- human rights violations around the RECOGNIZING THE 39TH ANNIVER- bor, Maine. This trip was over 3,500 globe, battling for a strong U.S.-Israel SARY OF ROE V. WADE AND THE miles long. relationship, battling for the environ- CATHOLIC DIOCESE OF BILOXI IN His support for agriculture has ment, battling for hardworking Amer- THE MARCH FOR LIFE helped many farmers and ranchers pre- ican taxpayers. As a Senator, he’s (Mr. PALAZZO asked and was given vent disease and improve our livestock doing that for the people of Illinois. permission to address the House for 1 industry. These stories highlight an As a commander in the United States minute.) amazing man, and I am proud to honor Navy, he’s fought to protect our bor- Mr. PALAZZO. Madam Speaker, Dr. Cleon Kimberling from the House ders and our way of life. Today he is today we pause to mark the 39th anni- floor. fighting to make sure that he can come versary of the Supreme Court ruling of back to the United States Senate to f Roe v. Wade. No other Supreme Court work on the things that he holds dear. case has so directly affected the lives NATIONAL DEBT NOW EQUAL TO I join with all of my colleagues in of millions of American people, both ECONOMY hopes that he will be back here shortly, and I welcome the opportunity to walk those who have been touched by abor- (Mr. BURGESS asked and was given across the aisle down here across the tion and the millions of unborn chil- permission to address the House for 1 Capitol and welcome my friend back. dren whose lives have been taken since minute and to revise and extend his re- 1973. marks.) f I and many of my colleagues will Mr. BURGESS. Madam Speaker, Con- MARCH FOR LIFE continue to speak out on behalf of gress is now back into session and re- (Mr. YODER asked and was given these unborn children by supporting convening, hitting a dubious milestone. permission to address the House for 1 legislation such as the Life at Concep- The national debt is now larger than minute and to revise and extend his re- tion Act. I am thankful we have hun- the entire economy of the United marks.) dreds of thousands of friends in the States. Earlier this month, USA Today Mr. YODER. Madam Speaker, I rise fight that have gathered in the streets reported on this, and the numbers are today to welcome the tens of thousands of Washington this week in memory of daunting. The amount of money the of people traveling to Washington, so many lives lost. I am especially Federal Government owes to its credi- D.C., to show their support for the grateful to the 150 youths with the tors tops $15.23 trillion. President cause of life and give a voice to those Catholic Diocese of Biloxi who have Obama’s own budget from last year who do not have one. made the trip all the way from my dis- shows the debt increasing by $1 trillion Since the ruling of Roe v. Wade 39 trict in south Mississippi. a year over the next 10 years, topping years ago, tragically, over 50 million Today I ask my colleagues to join out at $26 trillion a decade from now. abortions have occurred in this coun- with me and our friends with the Put into perspective, other countries try. There are over 3,500 abortions a March of Life in marking this sad day have similar situations: Greece, Ice- day, 146 an hour, and, sadly, one preg- and resolving to put an end to this land, Ireland, Italy, Japan—the very nancy is aborted every 25 seconds. murderous practice of taking unborn countries that are responsible for the Each year, the March for Life gives life. I pray, as Christ did in Luke 23:34, European debt crisis. At the same Americans who are heartbroken by ‘‘Father, forgive them, for they know time, the administration, over the last these tragedies a time to come to- not what they do.’’ 3 years, has pushed a very aggressive gether and pray for these lost souls and f spending agenda which includes a gov- the families and women hurt by the HONORING CLEON KIMBERLING ernment takeover of health care, gov- abortion epidemic in this country. ernment takeover of banks, and $800 As we renew our efforts to support (Mr. GARDNER asked and was given billion in stimulus funding. legislation that will restore the sanc- permission to address the House for 1 House Republicans passed well over tity of life, I thank all of these impas- minute.) 20 jobs bills last year that have yet to sioned Americans who today chose to Mr. GARDNER. Madam Speaker, I come up for a vote in the Senate. I en- come together in support of life. rise today to honor Cleon Kimberling. courage the other body to take up Dr. Kimberling was recently honored f these pieces of legislation. We have got by Colorado State University’s Depart- RECOGNIZING DONALD SCHNEIDER to get our country back to work. We ment of Animal Science as the live- need to grow more taxpayers, not raise (Mr. SHUSTER asked and was given stock leader of the year. taxes. permission to address the House for 1 Dr. Kimberling is now 81 years old minute.) and has dedicated his life to improving f Mr. SHUSTER. It is my privilege livestock health. He received a degree b 1410 today to celebrate the life and mourn in veterinary medicine from Colorado the passing of Donald Schneider, a pio- State in 1959 and since that time has SENATOR MARK KIRK neer who transformed the transpor- made significant contributions to the (Mr. DOLD asked and was given per- tation industry through his ingenuity veterinary science field. mission to address the House for 1 and entrepreneurial spirit. One of Dr. Kimberling’s achieve- minute and to revise and extend his re- Mr. Schneider, who was chairman ments includes developing tests that marks.) emeritus and former president of

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.007 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H87 Schneider National, ran one of the Na- ROTA CULTURAL AND NATURAL Northern Mariana Islands, as a unit of the tion’s largest trucking companies with RESOURCES STUDY ACT National Park System; and (2) consider management alternatives for over 12,500 tractors, 35,000 trailers, and Mr. WITTMAN. Madam Speaker, I thousands and thousands of employees. the island of Rota, Commonwealth of the move to suspend the rules and pass the Northern Mariana Islands. Some of you may recognize those bill (H.R. 1141) to authorize the Sec- (b) STUDY PROCESS AND COMPLETION.—Ex- trucks painted in a distinct shade of retary of the Interior to study the suit- cept as provided by subsection (c) of this sec- orange that travel the highways and ability and feasibility of designating tion, section 8(c) of Public Law 91–383 (16 byways of America. prehistoric, historic, and limestone for- U.S.C. 1a–5(c)) shall apply to the conduct and Mr. Schneider was a hardworking est sites on Rota, Commonwealth of completion of the study required by this section. man who began his career driving a the Northern Mariana Islands, as a truck and as a mechanic’s assistant at (c) SUBMISSION OF STUDY RESULTS.—Not unit of the National Park System. later than 3 years after the date that funds age 18 in his family’s business. He The Clerk read the title of the bill. are made available for this section, the Sec- served in Korea, went to the Wharton The text of the bill is as follows: retary shall submit to the Committee on School of Business in Philadelphia, and H.R. 1141 Natural Resources of the House of Rep- began working in the family business Be it enacted by the Senate and House of Rep- resentatives and the Committee on Energy in 1961. resentatives of the United States of America in and Natural Resources of the Senate a report Over three decades, Mr. Schneider ex- Congress assembled, describing the results of the study. panded his fleet substantially, using SECTION 1. SHORT TITLE; FINDINGS. The SPEAKER pro tempore. Pursu- modern management techniques and (a) SHORT TITLE.—This Act may be cited as ant to the rule, the gentleman from acquisition of regional companies to the ‘‘Rota Cultural and Natural Resources Virginia (Mr. WITTMAN) and the gen- grow his business. Again, his leadership Study Act’’. tleman from Northern Mariana Islands pushed Schneider National to one of (b) FINDINGS.—Congress finds as follows: (Mr. SABLAN) each will control 20 min- the largest trucking companies in (1) The island of Rota was the only major utes. island in the Mariana Islands to be spared The Chair recognizes the gentleman America and, of course, one of the most the destruction and large scale land use successful, especially after the deregu- changes brought about by World War II. from Virginia. lation which occurred in 1980. (2) The island of Rota has been described GENERAL LEAVE Donald Schneider was a great man by professional archeologists as having the Mr. WITTMAN. Madam Speaker, I who never lost his common touch. He most numerous, most intact, and generally yield myself as much time as I may insisted on being called by his first the most unique prehistoric sites of any of consume, and I ask unanimous consent name and, in a 1970 interview, was the islands of the Mariana Archipelago. that all Members may have 5 legisla- quoted as saying: My job is important, (3) The island of Rota contains remaining tive days to revise and extend their re- examples of what is known as the Latte but not as important as the driver or Phase of the cultural tradition of the indige- marks and include extraneous mate- the people in the service center. nous Chamorro people of the Mariana Is- rials on the bill under consideration. That’s how he grew his business—car- lands. Latte stone houses are remnants of The SPEAKER pro tempore. Is there ing about the common man, caring the ancient Chamorro culture. objection to the request of the gen- about the customer, and growing his (4) Four prehistoric sites are listed on the tleman from Virginia? business into one of the great busi- National Register of Historic Places: There was no objection. nesses in America. Monchon Archeological District (also known Mr. WITTMAN. Madam Speaker, Mr. Schneider was a man who served locally as Monchon Latte Stone Village), H.R. 1141 authorizes the Secretary of Taga Latte Stone Quarry, the Dugi Archeo- the Interior to study the suitability with a true servant’s heart, and Amer- logical Site that contains, latte stone struc- ica has been enriched by his service to tures, and the Chugai Pictograph Cave that and feasibility of designating pre- this country. I invite all Americans to contains examples of ancient Chamorro rock historic, historic, and limestone forest join me in celebrating his life. art. Alaguan Bay Ancient Village is another sites on Rota, Commonwealth of the latte stone prehistoric site that is sur- Northern Mariana Islands, as a unit of f rounded by tall-canopy limestone forest. the National Park System. (5) In addition to prehistoric sites, the is- The island of Rota contains cultural RECESS land of Rota boasts historic sites remaining and natural resources, including caves The SPEAKER pro tempore. Pursu- from the Japanese period (1914–1945). Several with pictographs and several other pre- of these sites are on the National Register of ant to clause 12(a) of rule I, the Chair Historic Places: Nanyo Kohatsu Kabushiki historic relics as well as sites from the declares the House in recess until ap- Kaisha Sugar Mill, Japanese Coastal Defense 20th century Japanese occupation. Ad- proximately 4 p.m. today. Gun, and the Japanese Hospital. ditionally, Rota has a natural lime- Accordingly (at 2 o’clock and 14 min- (6) The island of Rota’s natural resources stone forest that is habitat for endan- utes p.m.), the House stood in recess are significant because of the extent and in- gered species native to the island. until approximately 4 p.m. today. tact condition of its native limestone forest With that, Madam Speaker, I reserve that provides habitat for several federally the balance of my time. f endangered listed species, the Mariana crow, Mr. SABLAN. I yield myself as much and the Rota bridled white-eye birds, that time as I may consume. b 1600 are also native to the island of Rota. Three endangered plant species are also found on (Mr. SABLAN asked and was given permission to revise and extend his re- AFTER RECESS Rota and two are endemic to the island. (7) Because of the significant cultural and marks.) The recess having expired, the House natural resources listed above, on September Mr. SABLAN. Madam Speaker, I rise was called to order by the Speaker pro 2005, the National Park Service, Pacific West in support of H.R. 1141, the Rota Cul- tempore (Ms. FOXX) at 4 p.m. Region, completed a preliminary resource tural and Natural Resources Study assessment on the island of Rota, Common- Act. The bill authorizes the Secretary f wealth of the Northern Mariana Islands, of the Interior to determine whether it which determined that the ‘‘establishment of is suitable and feasible to add certain a unit of the national park system ANNOUNCEMENT BY THE SPEAKER cultural, archeological, historical, and PRO TEMPORE appear[ed] to be the best way to ensure the long term protection of Rota’s most impor- natural resources of the island of Rota The SPEAKER pro tempore. Pursu- tant cultural resources and its best examples in the Northern Marianas to the Na- ant to clause 8 of rule XX, the Chair of its native limestone forest.’’. tional Park System. will postpone further proceedings SEC. 2. NPS STUDY OF SITES ON THE ISLAND OF This same measure was approved by today on motions to suspend the rules ROTA, COMMONWEALTH OF THE the House in 2010 without dissent, and on which a recorded vote or the yeas NORTHERN MARIANA ISLANDS. I hope my colleagues will approve its and nays are ordered, or on which the (a) STUDY.—The Secretary of the Interior shall— passage again today. vote incurs objection under clause 6 of (1) carry out a study regarding the suit- I want to thank Chairman HASTINGS rule XX. ability and feasibility of designating pre- and Ranking Member MARKEY of the Record votes on postponed questions historic, historic, and limestone forest sites Natural Resources Committee for their will be taken after 6:30 p.m. today. on the island of Rota, Commonwealth of the support of H.R. 1141. I also want to

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.009 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H88 CONGRESSIONAL RECORD — HOUSE January 23, 2012 thank Chairman BISHOP and Ranking the remains of ancient Chamorro cul- conservation stamp required under the Act of Member GRIJALVA of the Sub- ture and the plants and animals of the March 16, 1934 (16 U.S.C. 718a et seq.) (popu- committee on National Parks, Forests limestone forests of Rota has value larly known as the ‘‘Duck Stamp Act’’), that is and Public Lands for their help in today because visitors from elsewhere printed on paper and sold through the means established by the authority of the Secretary im- bringing this measure to the floor. in the world want to see that which is mediately before the date of enactment of this We all understand that resources are unique and experience what only Rota Act. limited and that we must not add to has to offer. (2) AUTOMATED LICENSING SYSTEM.— the debt our children and grand- Last week, President Obama an- (A) IN GENERAL.—The term ‘‘automated licens- children will be responsible for tomor- nounced new initiatives to create jobs ing system’’ means an electronic, computerized row. and spur economic growth in America licensing system used by a State fish and wild- At the same time, we owe a debt to by improving our visa system and by life agency to issue hunting, fishing, and other our descendants to preserve and pro- providing national parks, wildlife ref- associated licenses and products. (B) INCLUSION.—The term ‘‘automated licens- tect those resources that we hold in uges, and historic sites to inter- ing system’’ includes a point-of-sale, Internet, trust for them today. Therefore, when national travelers. telephonic system, or other electronic applica- considering adding a unit to the Na- Being the closest part of America to tions used for a purpose described in subpara- tional Park System, we have to bal- the emerging economies of Asia, the graph (A). ance these two requirements. And we Northern Marianas is eager to see new (3) ELECTRONIC STAMP.—The term ‘‘electronic have a well established process for countries added to our visa waiver pro- stamp’’ means an electronic version of an actual doing so. gram. We want to have the unique cul- stamp that— The National Park Service began this tural and natural resources of our is- (A) is a unique identifier for the individual to whom it is issued; process on the island of Rota in 2004. A lands added to the national treasures (B) can be printed on paper or produced study team assessed the ancient the President intends to promote. through an electronic application with the same Mochon Latte Stone Village and other We know that having areas on Rota indicators as the State endorsement provides; sites of the Chamorro people, who first designated as part of the National Park (C) is issued through a State automated li- inhabited the Marianas some 3,500 System will help create jobs in censing system that is authorized, under State years ago. The team explored the ecotourism, transportation, hotels and law and by the Secretary under this Act, to Chugai Cave, containing over 90 picto- restaurants for the people of today. We issue electronic stamps; graphs of prehistoric origin. They understand that protecting and pre- (D) is compatible with the hunting licensing system of the State that issues the electronic inventoried the rare species of plants serving these nationally significant re- stamp; and and animals endemic to the limestone sources on Rota will also help ensure (E) is described in the State application ap- forests that still blanket parts of Rota, jobs for our children and grandchildren proved by the Secretary under section 4(b). home to the critically endangered aga, in the future. (4) SECRETARY.—The term ‘‘Secretary’’ means or Marianas crow, and the endangered I urge my colleagues to support pas- the Secretary of the Interior. nosa Luta, or Rota bridled white-eye. sage of H.R. 1141. SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK Having completed this field recon- I yield back the balance of my time. STAMPS. naissance in September of 2005, the Mr. WITTMAN. Madam Speaker, I (a) IN GENERAL.—The Secretary may author- Park Service issued a report that con- yield back the balance of my time. ize any State to issue electronic stamps in accordance with this Act. cluded there are cultural and natural The SPEAKER pro tempore. The (b) CONSULTATION.—The Secretary shall im- resources on the island of Rota that question is on the motion offered by plement this section in consultation with State are of national significance. The Park the gentleman from Virginia (Mr. management agencies. Service recommended the next step in WITTMAN) that the House suspend the SEC. 4. STATE APPLICATION. designation of a new unit of the Park rules and pass the bill, H.R. 1141. (a) APPROVAL OF APPLICATION REQUIRED.— System: A suitability and feasibility The question was taken. The Secretary may not authorize a State to study. And H.R. 1141 authorizes the The SPEAKER pro tempore. In the issue electronic stamps under this Act unless the Secretary of the Interior to take that opinion of the Chair, two-thirds being Secretary has received and approved an appli- next step and conduct the necessary in the affirmative, the ayes have it. cation submitted by the State in accordance study. Mr. WITTMAN. Madam Speaker, on with this section. The Secretary may determine I would like to note that the people that I demand the yeas and nays. the number of new States per year to participate in the electronic stamp program. of Rota look forward to the possibility The yeas and nays were ordered. (b) CONTENTS OF APPLICATION.—The Secretary of having areas of their island added to The SPEAKER pro tempore. Pursu- may not approve a State application unless the the National Park System. ant to clause 8 of rule XX, further pro- application contains— It was then-Senator Diego M. Songao ceedings on this question will be post- (1) a description of the format of the electronic of Rota who first encouraged the Park poned. stamp that the State will issue under this Act, Service to conduct a reconnaissance of f including identifying features of the licensee the archeological sites on his home is- that will be specified on the stamp; 1610 land and to determine their importance b (2) a description of any fee the State will PERMANENT ELECTRONIC DUCK charge for issuance of an electronic stamp; as part of America’s legacy. (3) a description of the process the State will Rota Representative Teresita A. STAMP ACT OF 2011 use to account for and transfer to the Secretary Santos testified before the Natural Re- Mr. WITTMAN. Madam Speaker, I the amounts collected by the State that are resources Committee enthusiastically move to suspend the rules and pass the quired to be transferred to the Secretary under supporting a national park on Rota. bill (H.R. 3117) to grant the Secretary the program; Rota Mayor Melchor A. Mendiola of of the Interior permanent authority to (4) the manner by which the State will trans- Rota has added his support to the mit electronic stamp customer data to the Sec- authorize States to issue electronic retary; record, as has Northern Mariana Is- duck stamps, and for other purposes, as lands Senate President Paul A. (5) the manner by which actual stamps will be amended. delivered; Manglona, who also hails from Rota. The Clerk read the title of the bill. (6) the policies and procedures under which Of course, during the study author- The text of the bill is as follows: the State will issue duplicate electronic stamps; ized by H.R. 1141, the people of Rota H.R. 3117 and will continue to have ample oppor- (7) such other policies, procedures, and infor- Be it enacted by the Senate and House of Rep- tunity to consider along with the Park mation as may be reasonably required by the resentatives of the United States of America in Secretary. Service the suitability and feasibility Congress assembled, of including any particular areas of (c) PUBLICATION OF DEADLINES, ELIGIBILITY SECTION 1. SHORT TITLE. REQUIREMENTS, AND SELECTION CRITERIA.—Not their island in park status. This Act may be cited as the ‘‘Permanent The people of Rota understand the later than 30 days before the date on which the Electronic Duck Stamp Act of 2011’’. Secretary begins accepting applications under importance of their culture and of the SEC. 2. DEFINITIONS. this section, the Secretary shall publish— natural resources and want to pass this In this Act: (1) deadlines for submission of applications; on to their children and grandchildren. (1) ACTUAL STAMP.—The term ‘‘actual stamp’’ (2) eligibility requirements for submitting ap- They also understand that preserving means a Federal migratory-bird hunting and plications; and

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 6333 E:\CR\FM\K23JA7.011 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H89 (3) criteria for approving applications. (B) provides to the State written notice of the sor this legislation to modernize the SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. termination by not later than the date that is 30 distribution of the Federal duck stamp (a) DELIVERY OF ACTUAL STAMP.—The Sec- days before the date of termination; or program without burdening the tax- retary shall require that each individual to (2) by the State, by providing written notice to payer. whom a State sells an electronic stamp under the Secretary by not later than the date that is I want to compliment the lead co- this Act shall receive an actual stamp— 30 days before the termination date. sponsor of this bill, Congressman RON (1) by not later than the date on which the The SPEAKER pro tempore. Pursu- KIND from Wisconsin, for his leader- electronic stamp expires under section 6(c); and ant to the rule, the gentleman from (2) in a manner agreed upon by the State and ship, his commitment, and his passion Virginia (Mr. WITTMAN) and the gen- Secretary. on sportsmen’s issues and waterfowl (b) COLLECTION AND TRANSFER OF ELECTRONIC tleman from the Northern Mariana Is- conservation. Anybody who knows lands (Mr. SABLAN) each will control 20 STAMP REVENUE AND CUSTOMER INFORMATION.— Representative KIND knows how (1) REQUIREMENT TO TRANSMIT.—The Sec- minutes. strongly he feels about this. He has retary shall require each State authorized to The Chair recognizes the gentleman worked on this issue for a number of issue electronic stamps to collect and submit to from Virginia. the Secretary in accordance with this section— years, and I thank him for those ongo- GENERAL LEAVE (A) the first name, last name, and complete ing efforts. mailing address of each individual that pur- Mr. WITTMAN. Madam Speaker, I H.R. 3117 is supported by the Congres- chases an electronic stamp from the State; ask unanimous consent that all Mem- sional Sportsmen’s Foundation and (B) the face value amount of each electronic bers may have 5 legislative days to re- Ducks Unlimited. stamp sold by the State; and vise and extend their remarks and in- I urge support for this bill, and I re- (C) the amount of the Federal portion of any clude extraneous materials on the bill serve the balance of my time. fee required by the agreement for each stamp under consideration. Mr. SABLAN. Madam Speaker, I sold. The SPEAKER pro tempore. Is there yield myself such time as I may con- (2) TIME OF TRANSMITTAL.—The Secretary shall require the submission under paragraph objection to the request of the gen- sume. (1) to be made with respect to sales of electronic tleman from Virginia? (Mr. SABLAN asked and was given stamps by a State according to the written There was no objection. permission to revise and extend his re- agreement between the Secretary and the State Mr. WITTMAN. Madam Speaker, I marks.) agency. yield myself such time as I may con- Mr. SABLAN. Madam Speaker, I rise (3) ADDITIONAL FEES NOT AFFECTED.—This sume. in strong support of H.R. 3117, which section shall not apply to the State portion of In 1934, the Congress enacted the Mi- would allow the Secretary of the Inte- any fee collected by a State under subsection rior to continue sale of electronic duck (c). gratory Bird Hunting Stamp Act. This stamps and expands the program to in- (c) ELECTRONIC STAMP ISSUANCE FEE.—A law required hunters to purchase a State authorized to issue electronic stamps may Federal duck stamp in order to hunt clude all 50 States. charge a reasonable fee to cover costs incurred migratory waterfowl. Proceeds from The Migratory Bird Hunting and by the State and the Department of the Interior the sale of these stamps have been used Conservation Stamp, commonly called in issuing electronic stamps under this Act, in- to preserve vital wetlands and water- the ‘‘duck stamp,’’ must be purchased cluding costs of delivery of actual stamps. fowl habitats across the country. Every and carried by all waterfowl hunters 16 (d) DUPLICATE ELECTRONIC STAMPS.—A State year, hunters, bird watchers, and years and older when hunting migra- authorized to issue electronic stamps may issue tory waterfowl on both public and pri- a duplicate electronic stamp to replace an elec- stamp collectors visit the post office, tronic stamp issued by the State that is lost or National Wildlife Refuge, or sporting vate land. Ninety-eight cents of every damaged. goods store to purchase their duck dollar generated by the sales of the (e) LIMITATION ON AUTHORITY TO REQUIRE stamp. duck stamp goes to purchase or lease PURCHASE OF STATE LICENSE.—A State may not For the past 4 years, eight States wetland habitat for the National Wild- require that an individual purchase a State have participated in an electronic duck life Refuge System, which benefits mi- hunting license as a condition of issuing an stamp pilot program. Instead of having gratory waterfowl. electronic stamp under this Act. to visit a bricks-and-mortar store, In some rural areas, purchasing duck SEC. 6. ELECTRONIC STAMP REQUIREMENTS; stamps can be difficult, with hunters RECOGNITION OF ELECTRONIC hunters and collectors could purchase STAMP. the duck stamp online. By all ac- having to wait a significant amount of (a) STAMP REQUIREMENTS.—The Secretary counts, the program has been a tre- time to receive their official duck shall require an electronic stamp issued by a mendous success. Many Americans stamp. Electronic stamps come with a State under this Act— have enjoyed the convenience of buying unique identifying number that serves (1) to have the same format as any other li- a Federal duck stamp over the Inter- as a proof of purchase and allows hunt- cense, validation, or privilege the State issues ers to hunt for 45 days until the actual under the automated licensing system of the net. I’m the author of this legislation and stamp arrives via the postal service. State; and In October, at the hearing on H.R. (2) to specify identifying features of the li- would like to see that it continues to censee that are adequate to enable Federal, allow hunters to electronically pur- 3117, the Fish and Wildlife Service sup- State, and other law enforcement officers to chase the annual Federal duck stamp ported the bill’s intent to continue the identify the holder. required to hunt migratory waterfowl. electronic duck stamp program. I commend my colleagues, Congress- (b) RECOGNITION OF ELECTRONIC STAMP.—Any It is time to make this permanent fea- electronic stamp issued by a State under this man WITTMAN and Congressman RON ture a Federal law for a more efficient Act shall, during the effective period of the elec- KIND, for introducing this bill and for and faster process. Similar technology tronic stamp— their leadership on this issue. (1) bestow upon the licensee the same privi- is already embraced by States that I have no additional speakers, and I leges as are bestowed by an actual stamp; allow sportsmen to obtain their hunt- yield back the balance of my time. (2) be recognized nationally as a valid Federal ing and fishing licenses online. migratory bird hunting and conservation stamp; Mr. WITTMAN. With that, Madam And, by the way, many States who Speaker, we have no further speakers, and require a duck stamp also allow their (3) authorize the licensee to hunt migratory and I also yield back the balance of my waterfowl in any other State, in accordance hunters to purchase the duck stamp time. with the laws of the other State governing that online. And as I have spoken with a The SPEAKER pro tempore. The hunting. number of hunters, they also indicate question is on the motion offered by (c) DURATION.—An electronic stamp issued by an interest to be able to do this. And the gentleman from Virginia (Mr. a State shall be valid for a period agreed to by especially hunters that may, at the WITTMAN) that the House suspend the the State and the Secretary, which shall not ex- last minute, decide to want to pursue a rules and pass the bill, H.R. 3117, as ceed 45 days. hunting activity the next day, if they amended. SEC. 7. TERMINATION OF STATE PARTICIPATION. are not in the area where a post office The question was taken. The authority of a State to issue electronic is open, then they are not able to enjoy The SPEAKER pro tempore. In the stamps under this Act may be terminated— (1) by the Secretary, if the Secretary— a day on the water hunting waterfowl. opinion of the Chair, two-thirds being (A) finds that the State has violated any of As a member of the Migratory Bird in the affirmative, the ayes have it. the terms of the application of the State ap- Conservation Commission and an avid Mr. WITTMAN. Madam Speaker, on proved by the Secretary under section 4; and waterfowl hunter, I am proud to spon- that I demand the yeas and nays.

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.003 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H90 CONGRESSIONAL RECORD — HOUSE January 23, 2012 The yeas and nays were ordered. [Roll No. 5] Roby Scott (SC) Tsongas The SPEAKER pro tempore. Pursu- Roe (TN) Scott (VA) Turner (OH) YEAS—373 Rogers (AL) Scott, Austin Upton ant to clause 8 of rule XX, further pro- Rogers (KY) Scott, David Ackerman Duncan (SC) Lankford Van Hollen Rogers (MI) Serrano ´ ceedings on this question will be post- Adams Duncan (TN) Larsen (WA) Velazquez Rohrabacher Sessions poned. Aderholt Edwards Larson (CT) Visclosky Rokita Sewell Akin Ellison Latham Walberg Rooney Shimkus Altmire Ellmers Latta Walden f Ros-Lehtinen Shuster Amash Emerson Lee (CA) Walsh (IL) Roskam Simpson Walz (MN) Amodei Engel Levin Ross (AR) Sires REMOVAL OF NAME OF MEMBER Wasserman Andrews Eshoo Lewis (CA) Ross (FL) Smith (NE) AS COSPONSOR OF H.R. 3261 Schultz Baca Farenthold Lewis (GA) Rothman (NJ) Smith (NJ) Waters ´ Bachmann Fattah Lipinski Roybal-Allard Smith (TX) Mr. LUJAN. Madam Speaker, I ask Waxman Bachus Fincher LoBiondo Royce Southerland unanimous consent to remove my Welch Barletta Fitzpatrick Loebsack Runyan Stark name as a cosponsor of H.R. 3261. Barrow Fleischmann Lofgren, Zoe Ruppersberger Stearns West The SPEAKER pro tempore. Is there Bartlett Fleming Long Ryan (OH) Stivers Westmoreland objection to the request of the gen- Barton (TX) Flores Lowey Ryan (WI) Stutzman Wilson (FL) Bass (CA) Forbes Lucas Wilson (SC) tleman from New Mexico? Sanchez, Loretta Sullivan Bass (NH) Fortenberry Luetkemeyer Sarbanes Sutton Wittman There was no objection. Becerra Foxx Luja´ n Scalise Terry Wolf Benishek Frank (MA) Lummis Schakowsky Thompson (CA) Womack f Berg Franks (AZ) Lungren, Daniel Schiff Thompson (MS) Woodall Biggert Frelinghuysen E. Schilling Thompson (PA) Woolsey Bilbray Fudge Lynch RECESS Schmidt Thornberry Yarmuth Bilirakis Garamendi Manzullo Schock Tiberi Yoder The SPEAKER pro tempore. Pursu- Bishop (GA) Gardner Marino Schrader Tierney Young (AK) Bishop (NY) Garrett Matheson ant to clause 12(a) of rule I, the Chair Schwartz Tipton Young (FL) Bishop (UT) Gerlach Matsui Schweikert Tonko Young (IN) declares the House in recess until ap- Black Gibbs McCarthy (CA) proximately 6:30 p.m. today. Blackburn Gibson McCarthy (NY) NAYS—1 Blumenauer Gohmert McCaul Sensenbrenner Accordingly (at 4 o’clock and 16 min- Boren Gonzalez McClintock utes p.m.), the House stood in recess Boswell Goodlatte McCollum NOT VOTING—59 Boustany Gowdy McCotter until approximately 6:30 p.m. Alexander Flake Miller, George Braley (IA) Granger McDermott Austria Gallegly Moran Brooks Graves (GA) McGovern f Baldwin Giffords Noem Broun (GA) Graves (MO) McHenry Berkley Gingrey (GA) Pascrell Brown (FL) Green, Al McIntyre Berman Gosar Paul b 1831 Buchanan Green, Gene McKinley Bonner Grijalva Pence Bucshon Griffin (AR) McMorris Bono Mack Guinta Platts Buerkle Griffith (VA) Rodgers AFTER RECESS Brady (PA) Gutierrez Rush Burgess Grimm McNerney Brady (TX) Hinchey Sa´ nchez, Linda The recess having expired, the House Burton (IN) Guthrie Meehan Butterfield Inslee T. Calvert Hahn Meeks was called to order by the Speaker pro Carter Johnson (IL) Sherman Camp Hall Mica tempore (Mr. POE of Texas) at 6 o’clock Clyburn Kaptur Shuler Campbell Hanabusa Michaud Costa Kind Slaughter and 31 minutes p.m. Canseco Hanna Miller (FL) Culberson Kucinich Smith (WA) Cantor Harper Miller (MI) Davis (IL) LaTourette Speier f Capito Harris Miller (NC) DeFazio Mack Towns Capps Hartzler Miller, Gary Denham Maloney Turner (NY) Capuano Hastings (FL) Moore ANNOUNCEMENT BY THE SPEAKER Dold Marchant Watt Cardoza Hastings (WA) Mulvaney Farr Markey Webster PRO TEMPORE Carnahan Hayworth Murphy (CT) Filner McKeon Whitfield The SPEAKER pro tempore. Pursu- Carney Heck Murphy (PA) Carson (IN) Heinrich Myrick ant to clause 8 of rule XX, proceedings Cassidy Hensarling Nadler b 1855 will resume on motions to suspend the Castor (FL) Herger Napolitano rules previously postponed. Chabot Herrera Beutler Neal Messrs. DENT and MULVANEY Votes will be taken in the following Chaffetz Higgins Neugebauer changed their vote from ‘‘nay’’ to Chandler Himes Nugent ‘‘yea.’’ order: Chu Hinojosa Nunes H.R. 3117 and H.R. 1141, in each case Cicilline Hirono Nunnelee So (two-thirds being in the affirma- by the yeas and nays. Clarke (MI) Hochul Olson tive) the rules were suspended and the Clarke (NY) Holden Olver bill, as amended, was passed. The first electronic vote will be con- Clay Holt Owens ducted as a 15-minute vote. The second Cleaver Honda Palazzo The result of the vote was announced electronic vote will be conducted as a Coble Hoyer Pallone as above recorded. 5-minute vote. Coffman (CO) Huelskamp Pastor (AZ) A motion to reconsider was laid on Cohen Huizenga (MI) Paulsen the table. Cole Hultgren Payne f Conaway Hunter Pearce Stated for: Connolly (VA) Hurt Pelosi Mr. FILNER. Mr. Speaker, on rollcall No. 5, PERMANENT ELECTRONIC DUCK Conyers Israel Perlmutter I was away from the Capitol due to prior com- STAMP ACT OF 2011 Cooper Issa Peters Costello Jackson (IL) Peterson mitments to my constituents. Had I been The SPEAKER pro tempore. The un- Courtney Jackson Lee Petri present, I would have voted ‘‘yea.’’ finished business is the vote on the mo- Cravaack (TX) Pingree (ME) Mr. DOLD. Mr. Speaker, on rollcall No. 5, I Crawford Jenkins Pitts tion to suspend the rules and pass the Crenshaw Johnson (GA) Poe (TX) was unavoidably, detained. Had I been bill (H.R. 3117) to grant the Secretary Critz Johnson (OH) Polis present, I would have voted ‘‘yea.’’ of the Interior permanent authority to Crowley Johnson, E. B. Pompeo Cuellar Johnson, Sam Posey f authorize States to issue electronic Cummings Jones Price (GA) duck stamps, and for other purposes, as Davis (CA) Jordan Price (NC) amended, on which the yeas and nays Davis (KY) Keating Quayle ANNOUNCEMENT BY THE SPEAKER were ordered. DeGette Kelly Quigley The SPEAKER. The Chair wishes to DeLauro Kildee Rahall The Clerk read the title of the bill. Dent King (IA) Rangel make a brief announcement concerning The SPEAKER pro tempore. The DesJarlais King (NY) Reed floor practice. question is on the motion offered by Deutch Kingston Rehberg Members should periodically rededi- Diaz-Balart Kinzinger (IL) Reichert the gentleman from Virginia (Mr. Dicks Kissell Renacci cate themselves to the core principles WITTMAN) that the House suspend the Dingell Kline Reyes of proper parliamentary practice that rules and pass the bill, as amended. Doggett Labrador Ribble are so essential to maintaining order The vote was taken by electronic de- Donnelly (IN) Lamborn Richardson and deliberacy in the House. The Chair Doyle Lance Richmond vice, and there were—yeas 373, nays 1, Dreier Landry Rigell believes that a few of these principles not voting 59, as follows: Duffy Langevin Rivera bear emphasis today.

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.016 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H91 Members should refrain from traf- [Roll No. 6] NAYS—100 ficking the well when another (includ- YEAS—278 Adams Gowdy Palazzo ing the presiding officer) is addressing Aderholt Granger Paulsen the House. Ackerman Gonzalez Nunes Akin Graves (GA) Pearce Altmire Graves (MO) Olver Amash Griffin (AR) Pitts Members should wear appropriate Amodei Green, Al Owens Bachmann Hall Poe (TX) business attire during all sittings of Andrews Green, Gene Pallone Benishek Hartzler Pompeo the House, however brief their presence Baca Griffith (VA) Pastor (AZ) Black Hayworth Posey Bachus Grimm Payne Blackburn Huelskamp Quayle on the floor might be. Broun (GA) Huizenga (MI) Barletta Guinta Pelosi Reed Members who wish to speak on the Bucshon Hultgren Barrow Guthrie Perlmutter Renacci Buerkle Johnson (OH) floor should respectfully seek and ob- Bartlett Hahn Peters Ross (FL) Barton (TX) Hanabusa Peterson Burgess Johnson, Sam tain recognition from the presiding of- Royce Bass (CA) Hanna Petri Campbell Jordan Scalise ficer, taking the time to do so in prop- Bass (NH) Harper Pingree (ME) Cassidy King (IA) Schilling er forms (such as ‘‘I ask unanimous Becerra Harris Polis Chabot Kingston Schmidt Berg Hastings (FL) Price (GA) Coble Kinzinger (IL) consent to address the House for 1 Scott (SC) Biggert Hastings (WA) Price (NC) Coffman (CO) Kline minute’’). Sensenbrenner Bilbray Heck Quigley Conaway Lance Members should take care to yield Bilirakis Heinrich Rahall DesJarlais Latham Sessions and reclaim time in an orderly fashion, Bishop (GA) Hensarling Rangel Duncan (SC) Latta Shuster Duncan (TN) LoBiondo Bishop (NY) Herger Rehberg Southerland bearing in mind that the official re- Farenthold Luetkemeyer Bishop (UT) Herrera Beutler Reichert Stearns porters of debate cannot properly tran- Fitzpatrick Lummis Blumenauer Higgins Reyes Stivers Fleischmann Manzullo scribe two Members simultaneously. Boren Himes Ribble Stutzman Flores McCotter Members should address their re- Boswell Hinojosa Richardson Terry Forbes Meehan Thompson (PA) marks in debate to the presiding offi- Boustany Hirono Richmond Foxx Mica Thornberry cer and not to others in the second per- Braley (IA) Hochul Rigell Franks (AZ) Miller (FL) Tiberi Brooks Holden Rivera Gardner Miller (MI) son or to some perceived viewing audi- Tipton Brown (FL) Holt Roby Garrett Mulvaney ence. Buchanan Honda Roe (TN) Gibbs Neugebauer Walberg Members should not embellish the of- Burton (IN) Hoyer Rogers (AL) Gibson Nugent Walsh (IL) fering of a motion, the entry of a re- Calvert Hunter Rogers (KY) Gohmert Nunnelee Westmoreland Camp Hurt Rogers (MI) Goodlatte Olson Young (IN) quest, the making of a point of order, Canseco Israel Rohrabacher or the entry of an appeal with any Cantor Issa Rokita NOT VOTING—55 statement of motive or other com- Capito Jackson (IL) Rooney Alexander Gallegly Noem mentary, and should be aware that Capps Jackson Lee Ros-Lehtinen Austria Giffords Pascrell such utterances could render the mo- Capuano (TX) Ross (AR) Baldwin Gingrey (GA) Paul Cardoza Jenkins Rothman (NJ) Berkley Gosar tion, request, point of order, or appeal Pence Carnahan Johnson (GA) Roybal-Allard Berman Grijalva Platts Johnson, E. B. untimely. Carney Runyan Bonner Gutierrez Roskam Carson (IN) Jones Ruppersberger Following these basic standards of Bono Mack Hinchey Rush Castor (FL) Keating Ryan (OH) Brady (PA) Inslee Sa´ nchez, Linda practice will foster an atmosphere of Chaffetz Kelly Ryan (WI) Brady (TX) Johnson (IL) T. mutual and institutional respect. It Chandler Kildee Sanchez, Loretta Butterfield Kaptur Sherman Chu King (NY) Sarbanes Carter Kind will insure against personal confronta- Shuler Cicilline Kissell Schakowsky Clyburn Kucinich tion among individual Members or be- Slaughter Clarke (MI) Labrador Schiff Culberson LaTourette tween Members and the presiding offi- Clarke (NY) Lamborn Schock Davis (IL) Mack Smith (WA) cer. It will facilitate Members’ com- Clay Landry Schrader DeFazio Maloney Towns prehension of, and participation in, the Cleaver Langevin Schwartz Denham Marchant Turner (NY) Watt business of the House. It will enable ac- Cohen Lankford Schweikert Farr Markey Cole Larsen (WA) Scott (VA) Filner McKeon Webster curate transcriptions of proceedings. In Connolly (VA) Larson (CT) Scott, Austin Flake Miller, George Whitfield sum, it will ensure the comity that ele- Conyers Lee (CA) Scott, David vates spirited deliberations above mere Cooper Levin Serrano b 1908 argument. Costa Lewis (CA) Sewell Mr. YOUNG of Indiana changed his Costello Lewis (GA) Shimkus The Chair appreciates the attention Courtney Lipinski Simpson vote from ‘‘yea’’ to ‘‘nay.’’ of the Members to these matters. Cravaack Loebsack Sires So (two-thirds being in the affirma- Crawford Lofgren, Zoe Smith (NE) tive) the rules were suspended and the f Crenshaw Long Smith (NJ) bill was passed. Critz Lowey Smith (TX) ROTA CULTURAL AND NATURAL Crowley Lucas Speier The result of the vote was announced RESOURCES STUDY ACT Cuellar Luja´ n Stark as above recorded. Cummings Lungren, Daniel Sullivan A motion to reconsider was laid on The SPEAKER. Without objection, 5- Davis (CA) E. Sutton the table. minute voting will continue. Davis (KY) Lynch Thompson (CA) Stated for: There was no objection. DeGette Marino Thompson (MS) The SPEAKER. The unfinished busi- DeLauro Matheson Tierney Mr. FILNER. Mr. Speaker, on rollcall No. 6, Dent Matsui Tonko I was away from the Capitol due to prior com- ness is the vote on the motion to sus- Deutch McCarthy (CA) Tsongas pend the rules and pass the bill (H.R. Diaz-Balart McCarthy (NY) Turner (OH) mitments to my constituents. Had I been 1141) to authorize the Secretary of the Dicks McCaul Upton present, I would have voted ‘‘yea.’’ Dingell McClintock Van Hollen PERSONAL EXPLANATION Interior to study the suitability and Doggett McCollum Vela´ zquez feasibility of designating prehistoric, Dold McDermott Visclosky Mr. PASCRELL. Mr. Speaker, I want to historic, and limestone forest sites on Donnelly (IN) McGovern Walden state for the RECORD that on January 23, Rota, Commonwealth of the Northern Doyle McHenry Walz (MN) 2012, I missed the two rollcall votes of the Dreier McIntyre Wasserman Mariana Islands, as a unit of the Na- Duffy McKinley Schultz day. tional Park System, on which the yeas Edwards McMorris Waters Had I been present I would have voted and nays were ordered. Ellison Rodgers Waxman ‘‘yea’’ on rollcall vote No. 5, on H.R. 3117— Ellmers McNerney Welch Permanent Electronic Duck Stamp Act of The Clerk read the title of the bill. Emerson Meeks West The SPEAKER. The question is on Engel Michaud Wilson (FL) 2011. Additionally, had I been present, I would the motion offered by the gentleman Eshoo Miller (NC) Wilson (SC) have voted ‘‘yea’’ on rollcall vote No. 6, on from Virginia (Mr. WITTMAN) that the Fattah Miller, Gary Wittman H.R. 1141—Rota Cultural and Natural Re- Fincher Moore Wolf sources Study Act. House suspend the rules and pass the Fleming Moran Womack bill. Fortenberry Murphy (CT) Woodall PERSONAL EXPLANATION This will be a 5-minute vote. Frank (MA) Murphy (PA) Woolsey Mr. GUTIERREZ. Mr. Speaker, I was un- The vote was taken by electronic de- Frelinghuysen Myrick Yarmuth avoidably absent for votes in the House Fudge Nadler Yoder vice, and there were—yeas 278, nays Garamendi Napolitano Young (AK) Chamber today. Had I been present, I would 100, not voting 55, as follows: Gerlach Neal Young (FL) have voted ‘‘yea’’ on rollcall votes 5 and 6.

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JA7.019 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H92 CONGRESSIONAL RECORD — HOUSE January 23, 2012 PERSONAL EXPLANATION There was no objection. HONORING FORMER ILLINOIS REP- Mr. JOHNSON of Illinois. Mr. Speaker, I had f RESENTATIVE EDWARD a previously scheduled meeting with constitu- DERWINSKI MARCH FOR LIFE ents in Champaign County Illinois and was un- (Mrs. BIGGERT asked and was given (Mr. FLEISCHMANN asked and was able to attend votes this evening. Had I been permission to address the House for 1 given permission to address the House present, I would have voted ‘‘yea’’ and ‘‘yea’’ minute and to revise and extend her re- on H.R. 1141, the Rota Cultural and Natural for 1 minute.) Mr. FLEISCHMANN. Mr. Speaker, I marks.) Resources Study Act and H.R. 3117, the Per- Mrs. BIGGERT. Mr. Speaker, I rise was honored to speak at the March for manent Electronic Duck Stamp Act of 2011. today with great sadness to report the Life today at the rally on the National f Mall earlier today. Thousands of Amer- passing of former Illinois Representa- icans came together in our cause to tive Edward Derwinski. REMOVAL OF NAME OF MEMBER Congressman Derwinski dedicated his protect the sanctity of all human life AS COSPONSOR OF H.R. 3261 life to public service, including 24 years and voice our continued opposition to Mr. ROSS of Florida. Mr. Speaker, I here in the House serving Illinois’ the decision made in Roe v. Wade. ask unanimous consent to remove my I am reminded each and every day Fourth District from 1959 to 1983. He name as a cosponsor of H.R. 3261. now how precious life is and why we passed away on January 15 at the age The SPEAKER pro tempore (Mr. POE should stand up for its intrinsic value. of 85. Perhaps best known for his color- of Texas). Is there objection to the re- It is our belief that life is sacred from ful and engaging personality, he went quest of the gentleman from Florida? the moment of conception until the on to serve as the Undersecretary of There was no objection. grave. State for National Security Affairs, f That separates us from so many oth- and in 1989 he led efforts to renew our ers in the world. Every abortion is a country’s commitment to its veterans NOTICE OF INTENTION TO OFFER tragedy, but being pro-life isn’t just as first ever Secretary for Veterans Af- MOTION TO INSTRUCT CON- about conception to birth, it’s about fairs. FEREES ON H.R. 3630, TEM- the entire existence of a person. It en- President George H.W. Bush once PORARY PAYROLL TAX CUT compasses more than just their phys- said of Ed, a former infantryman in CONTINUATION ACT OF 2011 ical well-being. A soul cannot flourish, World War II, that he had the skill of Mrs. CAPPS. Mr. Speaker, under rule a person cannot prosper if they aren’t a seasoned legislator, the patience of a XXII, clause 7(c), I hereby announce first allowed to live. Being pro-life is practiced administrator, the finesse of my intention to offer a motion to in- also promoting faith, education, jobs a diplomat, and the heart of a man who struct on H.R. 3630, the conference re- and the overall quality of life. knows what it means to start his gov- port to extend payroll tax, unemploy- I will continue to fight against the ernment career as a private in the ment insurance, and sustainable culture of abortion and fight for the United States Army. growth rate payments for doctors. right of life, liberty and the pursuit of Today I join my colleagues in the Il- The form of the motion is as follows: happiness. linois delegation in honoring his serv- Mrs. Capps moves that the managers on f ice to our State and Nation. My thoughts and prayers are with all those the part of the House at the conference on CENTER AISLE CAUCUS the disagreeing votes of the two Houses on who knew him best, especially his wife, the Senate amendment to the bill H.R. 3630 (Mr. MURPHY of Connecticut asked Bonnie; son, Michael; daughter, be instructed to file a conference report not and was given permission to address Maureen; stepdaughter, Maggie; step- later than February 17, 2012. the House for 1 minute and to revise son, Kevin; sister, Bernadette; and his f and extend his remarks.) seven grandchildren. Mr. MURPHY of Connecticut. Mr. f b 1910 Speaker, I’m so grateful that as we pre- TRIBUTE TO ARMY MASTER REMOVAL OF NAME OF MEMBER pare to receive the President tomorrow SERGEANT JOHN F. BAKER, JR. AS COSPONSOR OF H.R. 3261 night for his State of the Union Ad- dress that we’re going to be joined by (Mr. WILSON of South Carolina Mr. SCALISE. Mr. Speaker, I ask our colleague, Congresswoman GABBY asked and was given permission to ad- unanimous consent to remove my GIFFORDS. The courage that she has dress the House for 1 minute and to re- name as a cosponsor of H.R. 3261. shone in her long recovery has been an vise and extend his remarks.) The SPEAKER pro tempore. Is there inspiration to all of us, and I’m proud Mr. WILSON of South Carolina. Mr. objection to the request of the gen- to call her a friend. Speaker, last Friday retired Army tleman from Louisiana? Last year, in the aftermath of that Master Sergeant John F. Baker, Jr., a There was no objection. terrible and tragic shooting, we came recipient of the Medal of Honor, died at f together as a Congress for the State of the age of 66. the Union. We put aside our partisan Master Sergeant Baker was a native REMOVAL OF NAME OF MEMBER differences, and we convened as a of Davenport, Iowa, before relocating AS COSPONSOR OF H.R. 3261 united body. Republicans sat with to South Carolina. My thoughts and Mr. GRIFFIN of Arkansas. Mr. Democrats, conservative Members sat prayers are with his wife, Donnell, and Speaker, I ask unanimous consent that with liberal Members. It was a small the Baker family. Master Sergeant my name be removed as a cosponsor of but symbolic gesture that this place Baker served in Vietnam and received H.R. 3261. can rise above partnership for the the Medal of Honor after braving in- The SPEAKER pro tempore. Is there greater good of this Nation. tense Communist fire to safe the lives objection to the request of the gen- As cochair of the House’s Center of eight American soldiers on Novem- tleman from Arkansas? Aisle Caucus, I, along with my fellow ber 5, 1966. There was no objection. cochairs are calling on this House to do Master Sergeant Baker was one of 239 f it again. Tomorrow night, let’s sit to- servicemembers to receive our Nation’s gether, let’s show the Nation again highest honor for conspicuous gal- REMOVAL OF NAME OF MEMBER that with GABBY in our midst we can lantry and courage during their service AS COSPONSOR OF H.R. 3609 be one rather than be divided. Now our in the Vietnam War. He was also the Mr. LANKFORD. Mr. Speaker, due to small but growing caucus brings to- last Army soldier to be awarded the a clerical error, I ask that the name of gether Members who believe that we Medal of Honor and have residency in the gentleman from Michigan, JUSTIN can discuss issues in a civil and re- South Carolina. AMASH, be removed as a cosponsor from spectful manner. I hope that all of you, Our country is very grateful for the H.R. 3609. all of my colleagues, will join us in an service of Master Sergeant John Baker. The SPEAKER pro tempore. Is there effort to build on the success of last He went well beyond the call of duty, objection to the request of the gen- year and start a new bipartisanship sacrificing so much for this great Na- tleman from Oklahoma? tradition in this House. tion, and will be remembered as a true

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.007 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H93 American hero, along with the late groceries or to live anymore. And he that court case and asked the Congress Colonel Chuck Murray of Columbia. said because of that, I’m not going to to help overturn it. In conclusion, God bless our troops, vote for President Obama this time, I’m a lifetime 95 percent pro-life vot- and we will never forget September the I’m going to vote for whoever is run- ing Member, and I pledged to the crowd 11th in the global war on terrorism. ning against him. on the Mall that I would do everything f Now, I hope, since the President is I could in Congress to help overturn working on his State of the Union that decision. Life is precious. Life be- TIME TO STAND UP FOR LIFE speech, he’ll take what that African gins at conception, and we need to rec- (Mr. FLEMING asked and was given American, intelligent young man said ognize that in the Congress of the permission to address the House for 1 today and take it to heart. It’s ex- United States. minute.) tremely important that we get that f Mr. FLEMING. Mr. Speaker, as a pipeline and start worrying about JOB GROWTH family physician for more than 30 American jobs. years, I’ve had the privilege of deliv- (Ms. FOXX asked and was given per- f ering hundreds of babies. I have wit- mission to address the House for 1 nessed the miracle of life itself first- b 1920 minute.) hand, and I believe that every human Ms. FOXX. Mr. Speaker, fostering job KEYSTONE XL PIPELINE growth for the American people con- life at any stage is unique and fully de- tinues to be the number one job for serving of my protection as a physi- (Mr. POE of Texas asked and was House Republicans. We certainly don’t cian. The authority of our government given permission to address the House know what the number one job is for should stand behind the protection of for 1 minute.) Mr. POE of Texas. Mr. Speaker, President Obama, but it doesn’t seem human life. to be creating jobs. He talks a good I am proud to be from Louisiana, a today there are thousands of Ameri- cans who are forced to pay $3.50 a gal- game, but when it comes to delivering, State recently ranked number one on he does nothing. He has refused to ap- life issues by Americans United for lon just to fill up their car to get to work. And there are more than 14 mil- prove the Keystone pipeline, which Life. Louisiana has implemented some would immediately create 20,000 jobs, commonsense protections, including a lion other Americans who can’t get to work because they don’t have jobs. bring down the price of gasoline for requirement that any woman seeking hardworking Americans, and ulti- an abortion must understand how that Meanwhile, the little fellow from the desert, Ahmadinejad of Iran, threatens mately create hundreds of thousands of unborn child is developing, the pain her jobs. to block the Strait of Hormuz and thus child will experience during the abor- You would think with unemployment tion, and the facts about risks and the control oil shipments and the inter- above 8 percent for the past 35 months alternatives to abortion. national price of oil. and the Obama economy continuing to Louisiana has banned partial birth The Keystone XL pipeline would produce the Nation’s worst jobless abortion and prohibits abortion pro- bring 700,000 barrels of oil per day from record since the Great Depression that viders from getting taxpayer dollars to our stable, friendly ally, Canada. And we would see different actions out of pay for abortion services. We are mak- it would bring it down to my district in the President. ing progress. southeast Texas. It would create at Last year, following the House Re- But abortion still happens. In the least 20,000 jobs and over 100,000 related publican plan for America’s job cre- last 39 years, there have been more jobs. But the administration arbi- ators, the House passed more than 30 than 54 million babies terminated. This trarily just said ‘‘no’’ to jobs, ‘‘no’’ to bipartisan bills on behalf of the Amer- is a heart-breaking number, and it is energy, and ‘‘no’’ to national security. ican people. We outline them on this past time to end this scourge and pro- This pipeline is in the national inter- card. Each bill is aimed at unleashing tect human life from conception to est. Build the pipeline. Make unstable the power of our private sector to free- natural death. Middle Eastern countries irrelevant. ly and confidently build, invest, inno- f Put Americans back to work, lower the vate, and expand again and put mil- cost of energy. lions of Americans back to work. The KEYSTONE XL PIPELINE While the administration continues Keystone pipeline is one of those (Mr. BURTON of Indiana asked and to say ‘‘no’’ to Americans, Congress projects that should be done. was given permission to address the has the obligation and legal ability to Unfortunately, 27 of these bipartisan House for 1 minute and to revise and say ‘‘yes’’ to America. House-passed jobs bills are being ig- extend his remarks.) And that’s just the way it is. nored or blocked in the Democrat-controlled Senate. The American people Mr. BURTON of Indiana. Mr. Speak- f er, I was listening to Rush Limbaugh are tired of waiting. It’s time for the today, as I quite frequently do, and LIFE BEGINS AT CONCEPTION Democrats in the Senate and the White they had a Democrat truck driver, Af- (Mr. BARTON of Texas asked and House to put politics aside and pass rican American Democrat truck driver, was given permission to address the these jobs bills. come on and he talked for about 4 or 5 House for 1 minute and to revise and f minutes, which is unusual, when you extend his remarks.) PREGNANCY CARE CENTERS listen to Rush, for him to let somebody Mr. BARTON of Texas. Mr. Speaker, (Mr. MANZULLO asked and was in the spring of 1981, I was applying for talk that long. given permission to address the House But this fellow was very intelligent, the White House Fellow’s Program, for 1 minute.) and his remarks were something I wish which is a program where you work for Mr. MANZULLO. Mr. Speaker, today everybody, including the President, the President of the United States for we recognize the Roe v. Wade decision could hear. And he said, you know, I 1 year in one of the executive agencies and its aftermath. In 1982, my wife and was a big supporter of President like the Department of Energy or the I had the opportunity to work to start Obama, and I voted for him. He said, Department of State. Our regional what became the seventh crisis preg- but when he stopped that pipeline, seminar was in Austin, Texas, at the nancy center in the country. Now they which would bring thousands of jobs to LBJ School of Government. We had a are known as pregnancy care centers. America, and also maybe help us lower lunch, and I sat at lunch with Hillary The work that we did in Rockford, Illi- the price of gasoline and diesel fuel— Rodham Clinton and a lady name nois, spilled into Freeport, Illinois, and and I presume he used a lot of diesel Sarah Weddington, who was the lead DeKalb, Illinois. We set up these cen- fuel—he said that really, really both- attorney in the Roe v. Wade Supreme ters so we could be there to minister to ered me. Court case. Little did I know then, the women who had very difficult deci- And he said, when they started talk- back in 1981, that that case would still sions to make. ing about inflation, whether or not we be the law of the land. The pregnancy care centers through- had it, he said, I’m telling you, there is Today, thousands of people from all out the country offer all kinds of serv- inflation. I can’t hardly afford to buy over the United States came to protest ice, from ultrasound to social services

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.024 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H94 CONGRESSIONAL RECORD — HOUSE January 23, 2012 to working with the women and with WORDS MATTER Committee, a former chair of the Con- the fathers involved in a very difficult (Ms. JACKSON LEE of Texas asked gressional Black Caucus and a founding situation. and was given permission to address member of the Congressional Black We commemorate that today we the House for 1 minute.) Caucus, Mr. CHARLIE RANGEL. honor those who worked so hard for Ms. JACKSON LEE of Texas. Mr. Mr. RANGEL. Let me thank the gen- these crisis pregnancy centers. My wife Speaker, a gentleman by the name of tlewoman from the Virgin Islands for and I are proud to have been two people Andrew Adler located in Atlanta, Geor- having the foresight to try to protect who helped start the one in Rockford, gia, and writing for an Atlanta, Geor- our Constitution and the voting rights Illinois. gia, newspaper offered instructions to that all Americans are entitled to. Be- fore I get into the subject matter, I f the prime minister of Israel on how to protect that great nation. He suggested would like to really first thank the SANCTITY OF HUMAN LIFE ACT an attack on Hezbollah and Hamas and Speaker for pointing out the guidelines (Mr. BROUN of Georgia asked and an attack on Iran. And then he gave that we would have as relates to the was given permission to address the number three: Give the go ahead for decorum of Members in the House of House for 1 minute and to revise and U.S.-based Mossad agents to take out a Representatives. I think it’s well heed- extend his remarks.) President deemed unfriendly to the na- ed and we can walk away with some Mr. BROUN of Georgia. The greatest tion of Israel. That President, I need pride. I just assume that included in moral issue that this Nation faces not say, happens to be the President of that was not to make derogatory re- today is the killing of 4,000 babies the United States now. Words matter. marks about the President of the every single day through abortion. God Mr. Adler has been called upon to United States. But recognizing that cannot and will not continue to bless apologize, and he did. But he has the whole body and the whole world this land while this atrocious practice brought shame to Jewish Americans, has already spoken about this issue, continues. to Americans and Israel. And, frankly, then I don’t think there is any need for The first bill I introduced in this the latitude in which he thought he me to elaborate. Because of the reputation of the Congress when I was elected in 2007, could talk about assassinating the United States of America, no matter and in every single Congress since President of the United States without what we find in our fiscal system or then, has been my Sanctity of Human in any way a suggestion of, if you will, whatever problems we have day-to-day Life Act that scientifically describes challenge, is an outrage and disgrace. and year-to-year, we still remain the the beginning of life when a I believe in the First Amendment, source of hope and inspiration for peo- spermatozoon, or the sperm cell, enters but words do matter. We should come ple all over the world. People teach the cell wall of the ovum, the egg, to together and be unified as a Nation, their kids that if they can only get to create a one-cell human being, the zy- find ways to disagree with each other America this is the place where you gote. without raising words that are hostile can come from the depth of poverty, Mr. Speaker, it’s absolutely critical, and devastating. I beg for this Nation’s and with hard work and education if we want to continue to expect God to leaders to stop calling names and talk about policies and how to build this there’s no limit to how far you can go. bless America, that we stop murdering And while we have fought over the Nation up. these unborn babies, and I will con- years in order to get equality for those I’m outraged, Mr. Adler. An apology tinue to fight to do so. And I hope my that came as immigrants to this coun- is not enough. colleagues will see the reality that try or slaves, we do recognize that in these are human beings. It’s not a glob f this country, this country offers all of of tissue; it’s a human being created by b 1930 us the best opportunity in the world to God, and we have to protect their lives. CONGRESSIONAL BLACK CAUCUS be able to provide a better life for our- f HOUR: VOTING RIGHTS ACT selves, our kids and for society generally. LIVES LOST TO ABORTION The SPEAKER pro tempore (Mr. Madam Chairlady, when the early (Mr. LAMBORN asked and was given SCHWEIKERT). Under the Speaker’s an- sixties was there, and I marched from permission to address the House for 1 nounced policy of January 5, 2011, the Selma to Birmingham, Alabama, it was minute.) gentlewoman from the Virgin Islands 54 miles. But, quite honestly, I don’t Mr. LAMBORN. Mr. Speaker, I rise (Mrs. CHRISTENSEN) is recognized for 60 know whether I’ve admitted this pub- this evening in recognition of the over minutes as the designee of the minor- licly or not, I had no idea that I was 55 million American lives lost to abor- ity leader. going to march 54 miles. I thought I tion since the passage of Roe v. Wade GENERAL LEAVE could go down, have my picture taken 39 years ago. Mrs. CHRISTENSEN. Mr. Speaker, I and come back and say I was with In President Obama’s statement cele- ask unanimous consent that all Mem- Andy Young, JOHN LEWIS, Ralph brating the anniversary of Roe v. bers may have 5 legislative days to re- Bunche, and Dr. King. But, somehow, I Wade, he emphasized the principle that vise and extend their remarks on the got caught up in it, and I was cussing government should not intrude on pri- subject matter of this special order. every step of the way wondering how vate family matters. Ironically, on Fri- The SPEAKER pro tempore. Is there did I get caught up walking through all day, the Obama administration made objection to the request of the gentle- of these dark streets and being in- an unprecedented decision to require woman from the Virgin Islands? sulted. all U.S. employers to cover the cost of There was no objection. But much later, when I heard Lyndon contraception, including emergency Mrs. CHRISTENSEN. Mr. Speaker, Johnson say those words, that theme contraceptive drugs, despite the pro- tonight we are here on the floor of the that had directed us emotionally and test from faith-based institutions such House of Representatives on the eve of patriotically that ‘‘we shall over- as Catholic hospitals and universities. the State of the Union by President come,’’ I felt so proud, notwithstanding This is a violation of citizens’ religious Barack Obama, the first African Amer- my lack of knowledge of the impor- convictions. It will force the organiza- ican President of the United States and tance of the issue, that I did march. tions to either violate their deeply held some 46 years after the passage of the Then I found out that the Civil Rights views or pay a heavy fine and termi- Voting Rights Act which made his elec- Act and the Voting Rights Act weren’t nate health insurance plans. tion and ours possible. And I’m pleased just something that made minorities Every human life has inherent value to be joined by members of the Con- feel good, it made Americans feel good. because he or she is made in the image gressional Black Caucus this evening And the ripple effect of this throughout of God. I will continue to fight for the for this Special Order. the world was that we were able to say, right to life for America’s youngest I’d like to yield such time as he see, we told you that in the United pre-born citizens and for freeing tax- might consume to the gentleman from States, it’s not what we want, but in payers from being forced to pay for New York, who I believe is the most the United States of America we are abortions. senior member of the Ways and Means working toward full equality.

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.027 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H95 Now, even today when we give assist- ter as a people when we were able to class of voters that these very laws ance to a country that aspires to have overcome the obstacles that were were designed to protect—the elderly, a democracy, more often than not they placed. the disabled, students, and minorities. I will not stand by, Mr. Speaker, and come here to see how we were able to b 1940 do it, and we send people to watch watch silently as State legislatures at- what they are doing. And they listen to So let me thank you and my fellow tempt to compromise the right of citi- Americans teaching them what equal- colleagues in the Congressional Black zens to vote. And as a caucus, we will ity is and how to avoid fraud and how Caucus for saying we can vote. They not be silent. We will not stand by idly everybody should have an opportunity can’t hurt us. But it’s a better country as decades of struggle for equal voting to participate. And notwithstanding with everybody, regardless of their rights are trampled upon. We will not what happens in America, we used to color, their age, where they live or how turn our backs on voters who now face have a sense of pride that even though much money they have in the bank, to the erosion of the very premise upon we have our problems we’re still re- be able to say, in our country, at this which our Nation is built, and that is spected throughout the world. And time, we have to move forward, and we the right to vote and to representation. what is happening today in certain cannot find ourselves where we were 60 I am proud to report, however, that States that have had a long history of and 70 years ago. 2012 is looking much better than 2011. discrimination, it seems as though now So thank you so much for this oppor- Connecticut’s Secretary of State and they want to take this backward step tunity, and for all of the Members who Governor introduced a package to to cause it to be difficult for people to have taken time this evening to say streamline voter registration and in- vote. that we shall indeed overcome for the crease access to absentee voting. In Why in the world would this great length of the Constitution of this great Florida, a bill was proposed to repeal country want people not to vote? What Nation. legislation that shortened early voting could it be to have more and more peo- Mrs. CHRISTENSEN. Thank you, Mr. periods and restricted voter registra- ple express themselves? You go to RANGEL. And thank you again, as a tion drives. A bill introduced in Ne- countries that have 80 and 90 percent of founding member of the Congressional braska that would require a photo ID the population participating in this Black Caucus, for reminding the Amer- to vote was removed from the legisla- great democracy, and when you vote ican people why we’re called the con- ture’s agenda. In Washington, a bipar- you care more about the direction in science of the Congress. Thank you for tisan bill was introduced that would which your country is going. God those words. allow 16-year-olds to preregister to knows that in America today with the I’d like now to yield such time as she vote. The Department of Justice re- performance of the Congress, if the might consume to the gentlelady from jected South Carolina’s photo ID law, people were more involved we’d do a Ohio, who for the last Congress chaired and just last week a circuit court in better job and do it in a hurry. But these Special Orders and who is a lead- Wisconsin heard a case against Wiscon- having said that, these States are now er on so many, many issues and whose sin’s voter ID law. It looks like 2012 changing their laws to make it dif- district I believe the CBC will again be will be a very good year for the protec- ficult for people to vote. traveling to to help protect the rights tion of voting rights. Even though I have my own sus- of voters in Ohio, Congresswoman These attempts to restrict voting are picions as to why, if you lay out the MARCIA FUDGE. especially hard on young folks. More facts and see what is happening, which Ms. FUDGE. Let me thank my col- than 1 million students attend colleges, States are they and what prohibitions league who comes down to this floor universities, and technical schools in are they putting? They’re asking for every week. I know what it’s like. I the State of Texas alone, but because ID. Well, do we have cases of people thank you for being the anchor for the of the State’s new voter ID law, none misusing ID? The Attorney General CBC hour. will be allowed to use their student ID doesn’t know of any. And then they’re Mr. Speaker, I rise today to address cards to cast a ballot. Texans, however, going after those who allow participa- the covert voter suppression effort can show a gun permit and be allowed tion on Sundays, then they’re going under way in the United States of to vote, but a college student attempt- after communities with a high number America. This effort might have begun ing to use their school-issued ID will be of poor people, then they go into mi- as a stealth operation, but my col- denied. nority communities, and then they ask leagues, organizations across the Na- Earlier this month, Bill O’Reilly ve- older people who have no reason for ID tion, and I will ensure that Americans hemently defended laws like the one in that they have to do it. And people who are informed and protected, such that Texas. He said if students don’t know fought so hard for these rights that voters are well prepared for the gim- they can vote absentee, they’re too were given to them now find them- micks under way to keep them from stupid to vote. You’re in college, but selves, in this late stage, being denied casting their ballots in 2012. you’re too stupid to vote? What an in- the right to vote. During 2011, 34 States introduced leg- sult. It is so embarrassing. Not only is it islation that would require voters to During the Jim Crow era, people said not the right thing to do as Americans, show a photo ID to cast a ballot. Ap- African Americans were too stupid to but how can we continue to send people proximately 13 States introduced bills vote. If you were black and you to foreign and developing countries as to end Election Day and same-day couldn’t count the number of jelly being the major spokespeople for de- voter registration. As many as nine beans in a jar or tell the person at the mocracy, when right in this country we States introduced bills to reduce early ballot box how many bubbles were in a are prohibiting—not prohibiting—but voting, and four States proposed draco- bar of soap, you were too stupid to discouraging people from participating nian reductions in absentee voting op- vote. in the right to vote? portunities. Two States took steps We refuse to return to those days. I don’t know whether the color of the backward by reversing prior executive Stand with us. Protect the franchise. President or the fact that this Presi- actions that make it easier for citizens Protect the right to vote. dent has received record-breaking par- with past felony convictions to restore Mrs. CHRISTENSEN. Thank you, ticipation by the very same people that their voting rights. Congresswoman FUDGE, for those very they’re making it difficult to vote, but For many years, America has been strong words, and thank you for the I tell you for you taking the oppor- described as a beacon of light for the ray of hope by pointing out some of the tunity to bring the attention of this to world; the model of democracy and the States that are reversing some of those the Congress, and therefore to the Na- home of fair elections. As a Nation, we laws that are making it easier for their tion, for you to be able, with the Con- have always rejected voter intimida- voters to vote. gressional Black Caucus, to say that tion at polling places in foreign na- I would now like to yield to the we’re not protecting our rights, we’re tions. We frown upon nations that former chair of the Congressional protecting our Constitution, we’re pro- limit the right of its citizens to vote. Black Caucus, a leader not only in tecting our country, and there is no Yet we now face the same issues that California but in the country, a person question in my mind that we felt bet- fall disproportionately on the same who has always been the conscience of

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.028 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H96 CONGRESSIONAL RECORD — HOUSE January 23, 2012 the CBC as we are the conscience of the a government ID? How can I ask her to standing constitutional experts and at- Congress, Congresswoman BARBARA pay to do the research so she can figure torneys in the CBC, Congressman LEE. out where her birth certificate may be BOBBY SCOTT from Virginia. Ms. LEE of California. Thank you and then pay to get a government ID to Mr. SCOTT of Virginia. Mr. Speaker, very much. I thank the gentlelady for vote? Outrageous. I thank the gentlelady from the Virgin her kind remarks, and I also thank One hundred years ago, my aunt did Islands for the opportunity to speak. Congresswoman CHRISTENSEN for her not have the right to vote. Thanks to And today I rise in opposition to an un- leadership. She serves as the first vice the hard work of those who came be- fortunate trend that seems to be creep- chair of the Congressional Black Cau- fore us, my aunt witnessed the expan- ing up all over the country, laws that cus and has led on so many issues in sion of voting rights to women with add unnecessary complications to the this House on behalf of our country and the 19th Amendment and the protec- process of voter registration and the on behalf of her constituents. Thank tion of African American and other mi- process of voting. you very much. nority voters with the Voting Rights Now, some of these initiatives in- Let me also take a moment to thank Act. These regressive laws seek to turn clude photo ID laws, reduction in time Congresswoman FUDGE and Congress- my aunt back to where she was a cen- to vote or to register to vote, laws woman JACKSON LEE, Congressman tury ago when she could not vote and complicating the rules for running BOBBY SCOTT and Chairman RANGEL for her fundamental right to fully partici- voter registration drives. their leadership in defending the most pate in our democratic society was cut Now, none of these little schemes basic element of our democracy—the off, mind you, just cut off by unjust prevent individuals from voting, but right to vote. I’d also like to thank our laws. the unnecessary complications guar- Congressional Black Caucus chair, These partisan laws are shameful and antee that many will not get their pa- EMANUEL CLEAVER, for his focus on this a disgrace to our country. These anti- perwork in on time and, as a con- very critical issue. His leadership is democratic efforts have no place in a sequence, many will not be able to making such a difference on so many modern democracy, and we must vote. In some States, those few votes important issues in our country. unmask these shameful attempts to can make the difference in a presi- The right to vote is our most funda- disenfranchise voters. dential election. mental right that guarantees and pre- Now, we need to protect the right to 1950 serves all other legal rights. When b vote, not add unnecessary complica- Americans lose their right to vote, We encourage democracy and voting tions that will result in fewer people that endangers their ability to defend rights all around the world. I was an voting. But we see all over the country further attacks on their rights. observer in the first election in South efforts to reduce the Election Day reg- The assault on voter rights continues Africa where President Nelson Mandela istration. In those States that have al- in 2012. In this election year, a coordi- was elected. I was an observer in the lowed it for decades, those who could nated campaign designed to block ac- nineties in Nigeria. I witnessed long have registered on Election Day will cess to the polls to tens of millions of lines of people waiting patiently to find that they cannot vote. Americans threatens to undermine our vote. People believed and said to me In States that allow early voting, democracy and change election out- that in America voting was encouraged we’re seeing efforts to reduce the num- comes. And sadly, Mr. Speaker, it’s no rather than discouraged, so we need to ber of days of early voting, meaning secret which communities these laws stop these partisan efforts that strike that some people may not be able to are designed to disenfranchise—com- at the core of our democracy. It really get their votes in as they could have munities of color, students, elderly is, Congresswoman CHRISTENSEN, fun- with the longer period. Americans, impoverished families, and damentally anti-American. In some States the rules for voter the disabled. We have to win this war against vot- registration drives are becoming more Let me say that the Republican legis- ers. We should be about dismantling onerous, so much so that groups that lators and Governors who are pushing and reducing barriers so we can re- have traditionally conducted voter reg- these antivoter laws know exactly ignite their hope for the American istration drives, such as the League of what they are doing. They saw the Dream. Women Voters, are having second election results of 2008, with the surge I want to, again, thank you for your thoughts about conducting those drives of voter participation from Americans leadership, and Congresswomen FUDGE under the new rules, and that will who had never voted before. They see and JACKSON LEE, and BOBBY SCOTT and mean fewer people will be registered to the rising tide of Americans who seek Mr. RANGEL and the entire Congres- vote. to change their country by doing their sional Black Caucus for their calls and And many States are imposing for basic civic duty on Election Day. In- their hard work to protect the right to the first time a requirement that vot- stead of embracing change, they are vote for all citizens across this Nation. ers display a specific voter ID. This desperately trying to avoid change by We must protect voters from these scheme that is so slanted that, as has undermining our voting process. attempts to deny access to the heart of been previously stated, some govern- These Republican legislators are pro- our democratic process. We need to ment-issued IDs are acceptable and posing partisan laws that require vot- move forward and encourage more some are not. Texas proposed to accept ers to show a government-approved voter participation. People need to the concealed weapons permit as ac- photo ID before voting. Those who are know that they have a stake in this ceptable government-issued ID, but not truly concerned about voter fraud have system and in this democracy. These student IDs from a State college. plenty of actual, documented problems laws were designed to stop that. Now, Mr. Speaker, these voter ID re- to take on. Why aren’t they going after Mrs. CHRISTENSEN. Thank you, quirements are a solution in search of those who spread false information Congresswoman LEE. And just to un- a problem. There is no credible evi- meant to trick voters or public offi- derscore what you have shared with us dence that in-person voter fraud, which cials who improperly purge eligible this evening, I don’t usually quote is the only kind of fraud that the photo voters or political operatives who tam- from Politico, but let me read the last ID would prevent, is any problem per with election equipment and forms? sentence of one of their articles. It around the country. In fact, multiple Instead, they all are pushing laws de- says, the framers bequeathed us a Con- studies have found that virtually no signed to change election outcomes by stitution intended to create a more cases of in-person voter fraud can be reducing voting, repressing turnout, perfect union. Every time an eligible found. and turning the clock back. voter is denied the right to vote we are And the requirement of voter ID in Now, I have an aunt who is 100 years left that much further from achieving subjecting people to that time and ex- old, who was born at a time when that goal. pense will guarantee that many will records were not kept like they are Thank you again for joining us this not get their paperwork in on time. today. How in the world would my aunt evening. There are complications that can occur know where to start to find her birth And now I want to yield such time as when you’re trying to get that paper- certificate to be eligible to qualify for he might consume to one of our out- work done. Some of the elderly have

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.030 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H97 never gotten a photo ID and wouldn’t We’re also joined by another fighter Committee she offered these words: ‘‘I know where to start. Many who are for justice and equality, a strong voice believe hyperbole would not be fic- adopted may not know where to find a in the Congressional Black Caucus, the tional and would not overstate the sol- birth certificate. Many counties—for gentlelady from Texas, Congresswoman emnness I feel right now. My faith in the elderly people, some counties have SHEILA JACKSON LEE. the Constitution is whole, it is com- lost their records and the records Ms. JACKSON LEE of Texas. I’d like plete, it is total.’’ aren’t available. to thank Dr. CHRISTENSEN, which I She said that of course during the And it produces bizarre results, such enjoy calling her that because she has impeachment hearings of Richard as the nuns who were prohibited from been of such value and service to this Nixon, but really the point was that voting because they didn’t have photo Congress and to this body, the Congres- she felt that the Constitution breathed ID, even though the election officials sional Black Caucus, and thank her for life, if you will, into the rights of knew them personally. her leadership in convening this very Americans, and the Constitution spoke In Virginia, we have an exception to important discussion on voter protec- to the voting rights of African Ameri- the photo ID. You have to present a tion. cans and others through the 14th and photo ID, but if you don’t have one, I’m very delighted to be joined, and I 15th Amendments. you can sign an affidavit under pains of thank him very much, by Congressman But over the years, we had not been a felony and go ahead and vote right BOBBY SCOTT, who has served and we protected. And so the Congress, now. But unfortunately, even in Vir- are serving on the Judiciary Com- through the leadership and sacrifice of ginia they’re trying to eliminate that mittee. And I know that he remembers Dr. Martin Luther King, whose monu- exception and require people to go that in about 2006, 2007, after years of ment is magnificent, they passed the through the time and expense of get- rumors of the Voting Rights Act end- Voting Rights Act. The constitu- ting photo ID if they don’t have one. ing, we clarified it by coming together tionality was challenged in 1966. It Now, if we’re going to look for prob- in a bipartisan manner and over barely got passed. And the Supreme lems in the voting process maybe we months of hearings, convinced a then, I Court said this: Congress has found ought to look at Iowa that just cer- believe, Republican and moving into a that case-by-case litigation was inad- tified, had announced that one person Democratic Congress, but a bipartisan equate to combat widespread and per- had won the Republican Caucuses one Congress, that the Voting Rights Act sistent discrimination in voting. day and a couple of days later certified was needed, and it needed to be reau- This is what they found over the results that another one had won. And thorized in certain sections. years in the Deep South; that it was there are public reports that suggest And so our stand today is to reinforce constant, it was ongoing because of the that really nobody knows who won. I that issue. And so I would like to inordinate amount of time and energy mean, if you want to look for some thank, again, Congressman RANGEL, required to overcome the obstruc- voter irregularities, maybe we ought to who so movingly told of his long jour- tionist tactics invariably encountered look at that. ney and walk to support the Voting in these lawsuits. After enduring near- Or maybe we ought to look at the Rights Act, Congresswoman FUDGE, ly a century of systemic or systematic candidate who tried to become a can- who has been a champion in her State resistance to the 15th Amendment, didate on the Virginia Republican in Ohio, Congresswoman LEE, and then Congress might well decide to shift the Presidential Primary this year. He has Congressman SCOTT, who all bring to advantage of time and inertia from the publicly stated that petition signatures the table a personal story about voter perpetrators of evil to its victims. That submitted on behalf of his campaign, of protection. was a landmark case in 1966, South those signatures, hundreds were, in Carolina v. Katzenbach, the Attorney 2000 fact, bogus. And if they had not been b General of the United States, to reaf- caught, he would have qualified for the But I must make mention of our firm the Voting Rights Act of 1966. ballot. But fortunately, it has been friend Congressman JOHN LEWIS, who is Here we are now almost 50 years plus ascertained that so many were bogus the epitome of the civil rights move- where we are fighting this case again, signatures that he, in fact, did not ment around the idea of voter protec- and I might add, in not too friendly a qualify for the Virginia ballot. tion and enhancement. Many of us are climate. First of all, fraud is offered, But as we see all over the country, not aware of Mr. FILNER, who was one and I notice that my colleague men- efforts to reduce Election Day registra- of the Freedom Riders and celebrated tioned the unfortunate facts or the cir- tion and other forms of ease in voting the Freedom Riders in the last year, cumstances in Iowa where one Repub- are making it possible for many people their 50 years. My colleague Congress- lican presidential candidate was de- to lose those rights. While the situa- man AL GREEN, who led the NAACP in clared a winner and then now another. tions like Iowa and in Virginia, where Houston during times when we were And I did not hear voices being raised it’s clear that those situations need under siege as it relates to voting op- about whether there was fraud. Maybe scrutiny, there is no evidence that in- portunities. it was a miscount, a mistake. But you person voter fraud is a problem any- And I remember working for the didn’t hear the outrage that we have where in the United States. Southern Christian Leadership Con- heard over the seeming increase, or the Voting is not an arbitrary, incon- ference in the South in the aftermath effort to increase, the votes of poor sequential act. The cumulative effect in the 1970s of the Voting Rights Act people and minorities, and in par- of individuals voting elects our govern- actually going to many States, from ticular Latinos and African Americans. ment officials who directly create our North Carolina to South Carolina to Might I just say with a sense of pride, laws and policies. It is important that Georgia and Alabama, where African the Honorable Barbara Jordan added we ensure that every eligible voter is Americans were still not registered, Texas to the Voting Rights Act cov- given the opportunity to vote, free had still not had the full impact. I re- erage by adding language minorities in from unnecessary barriers and member walking miles with Prairie I believe about 1978. schemes. Those schemes that erect bar- View University students to allow the But the thought that fraud is bad and riers to the right to vote are unfair in students to vote. should be prosecuted, but a photo ID our democracy. So this is a cause for which we have does not prevent voter impersonation, And I thank the gentlelady from the been on a long journey, and it saddens that it doesn’t work—requiring a photo Virgin Islands for giving us the oppor- me that we are here again today fight- ID amounts to discrimination. Eleven tunity to make these statements. ing for voter protection in the year 2012 percent of the entire voting-eligible Mrs. CHRISTENSEN. I thank you for as we look to our Presidential elec- population, 2.1 million, do not have a joining us and for pointing out some of tions. government-issued photo ID. You’re that data and helping to explain to the I might offer to my colleagues the discriminating against them. Twenty- American public the injustice that’s words of Barbara Jordan, who could five percent of eligible African Amer- being done by these voter restrictions not have come to Congress if it had not ican voters do not have a qualified on voting and restrictions on registra- been for the passage of the 1965 Voting voter ID. A 2006 nationwide study of tion. Rights Act. Sitting in the Judiciary voting-age citizens by the Brennan

VerDate Mar 15 2010 03:14 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.032 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H98 CONGRESSIONAL RECORD — HOUSE January 23, 2012 Center for Justice of the New York of Appeals here in the District of Co- have tonight. What I feel in my heart University School of Law found that lumbia, and the San Antonio Federal is that we have to educate the public. African Americans are more than three Court. We are fighting on three dif- They have to raise their level of, not times as likely as Caucasians to lack a ferent levels. anxiety, but of cause, in that they have government-issued ID. I might say this without any punitive a cause. They’ve got to get their You talk to many of our seniors and comments intended. We had an interim marching shoes on again. They’ve got they were born with midwives. My plan, and this is under the Voting to get their shoes of being the carriers mother, God rest her soul, we could Rights Act, that one person, one vote. of justice as those civil rights legends not, as long as we looked for her birth And Congresswoman, I think it is im- and heroes did. They’ve got to get like certificate, could not find it, but she portant to note that the Voting Rights the movie ‘‘The Help’’ when those do- did have a voter registration card. Na- Act protects all Americans. Its premise mestics, those people who work for tionwide, 18 percent of eligible voters is one vote, one person. Its premise is others, walked in the Montgomery Bus over 65 lack an ID. Voter ID laws are not fraud but opportunity. Boycott because they were trying to do costly and add to the deficit. Missouri So when we have the redistricting for others. So I want to thank you for estimates that the ID law would cost and some sections of the Voting Rights allowing me to share with you this the State over $20 million to imple- Act protect the idea of one person, one evening. ment, and it goes on to say North Caro- vote, we take these cases not for per- I also want to indicate that this very lina, $14 million. sonal promotion, meaning Members of fine letter that was sent by Members of This is a shame on us. This is a pox Congress and State legislators, but to Congress to the Attorney General on on our House. And it is a pox on our ensure the integrity of the vote. July 25, 2011, should be upheld; that of House because fraud cannot be docu- So when the court ruled in San Anto- these voter ID laws that may suppress mented. As my colleague indicated how nio just briefly that the plan did not the vote, we want to have voter protec- ironic it is that a student ID, students work, that the State of Texas wrote tion by having a vigorous review of all at State colleges, private colleges, his- and gave us a new plan, the State of of these laws, and one of them happens torically black colleges, Hispanic-lean- Texas went to the Supreme Court—not to be the voter ID requirement in the ing colleges can’t use a credible ID that the individuals trying to protect the State of Texas. colleges take great pride or great ef- right of voters—went to the Supreme Thank you for allowing me to par- forts to secure. Photo ID. Young people Court to stay that plan. ticipate in an opportunity to share and who we want to see cherish the democ- Well, the Supreme Court did render a in an opportunity to tell a message to racy of this country can not in fact use decision. We’re still in the midst of our our colleagues that the justice of vot- their ID. But yet a gun ID can be used. confusion. But I just have to put this ing is justice for everyone and that the Just a few weeks ago in the Judiciary on the record. The Supreme Court as- protection of voting is the protection Committee—somewhat related—we sessed us, the ones who did not appeal, of voting for everyone. were trying to pass legislation that $18,000 to pay for printing. For those of Mrs. CHRISTENSEN. I thank the says if you have a gun ID in Georgia, us who are lawyers, we are simply gentlelady for those strong words. you can use your gun permit in another questioning in wonderment how you Again, I’m going to go back to the State. We’re willing to give all of these can charge individuals who did not article in Politico because everyone rights to those carrying a gun ID, take the case up to the Supreme Court, has made reference to the charges of which may in fact jeopardize our law who were being guided by the Federal fraud. In this article, it reads, ‘‘official enforcement officers in all of the dif- Court, who had a plan and assessed us and academic studies have consistently ferent States by not knowing who’s in $18,000. shown that the chances of being hit by there carrying a gun permit. I simply say here is another way that lightning are greater than the likely But yet the sacred and simple act of you can not protect voting, because in- incidence of such fraud.’’ being able to vote for a person of your evitably, those who are on the side of So today, as we prepare for the elec- choosing causes the ire of so many the Voting Rights Act are not rich. We tions in November of this year, we have State legislatures who, after the 2010 inevitably in many instances are not seen an unprecedented—at least un- election and the misrepresentation the State. precedented since August of 1965—at- that there was fraud in the 2008 elec- tack on the rights of Americans to b 2010 tion, maybe because we elected the vote. As you’ve heard, these attacks first African American President, or It’s the State coming against those have taken many forms: expanding some crisis generated this response, we who are trying to say, ‘‘One vote, one bans that prevent felons from voting; have this kind of map that shows prac- person.’’ I bring this up just as I close. cutting election administration budg- tically 40 States, it looks like, all but Let me just say that, in the course of ets in States; curtailing early voting, 11, that require photo ID, that photo ID the hearings that we had in reauthor- something that was used very effec- is requested, that photo ID legislation izing the Voting Rights Act, we discov- tively in previous elections; elimi- is proposed. ered that there were problems with nating same-day registration; intimi- Congresswoman, I ask on what basis voting across the country. In 2004, dating voter registration by some have we now taken the Constitution, nearly 4,500 people reported problems groups, which extends in some places the Voting Rights Act, and the con- with ballots that were coming to them; to intimidation on Election Day; im- stitutionality of the Voting Rights Act 1,000 people reported voting intimida- posing strict ID requirements; creating to do it? tion; 7,000 reported registration prob- barriers to getting the required ID; and Let me just share these points as I lems. creating barriers to voting by students come to a close and ask that we con- Also, as you well know, the status of in schools outside of their States. tinue the efforts. voting laws now, meaning the voting Again, the voter fraud claims are I look forward to a voter protection ID or voter identification, limits the bogus, and as our chairman, EMANUEL meeting by the Congressional Black kind of voter ID you can use. It ex- CLEAVER, said in testimony before the Caucus in Houston. The State of Texas cludes the most common forms of iden- Senate Committee on the Judiciary has the voter ID law that is now being tification—student IDs, Social Secu- late last year, ‘‘The laws are solutions pre-cleared. I understand that all of my rity cards—and they offer no alter- in search of problems, especially when colleagues are in the middle of redis- natives. There are changes requiring it comes to voter ID, because there is tricting, but let me just say this is not proof of citizenship as a condition for basically no evidence of fraud.’’ Many in any way promoting Texas, but I be- voter registration, limitations or the studies, as I’ve said, have supported lieve that we may be the singular case outright elimination of early voting that statement. that is going to ascertain the integrity opportunities, and barriers to first- With an estimated 11 percent of of the Voting Rights Act and voter pro- time voters by suggesting that there is Americans not having IDs that would tection. no same-day registration. meet the requirement, it is projected Right now Texas is in three courts: So I would simply argue that this is that these new attacks on the rights of the Supreme Court, the District Court an important Special Order that you American citizens to vote will prevent

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.034 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H99 many millions of people—mostly that the HOVENSA oil refinery—it’s My legislation talks about using the Democrats, mostly minorities and the either the second or the third largest energy industry to also support im- elderly—from voting and could affect oil refinery in the Western Hemi- proving the environment, and I think as many as 171 electoral votes. It is sphere—is going to close in the middle that creates jobs as well. So I just want clear to me, whether racially based or of February. Now, we’re a small com- to say that I look forward to working not, that this is a direct attempt not munity—110,000 throughout the entire with you and thank you for bringing only to undermine the election process Virgin Islands—and we’re maybe about that issue to our attention, because but is a specific attempt to derail what 55,000 on the Island of St. Croix, so a voter protection gives people the op- surely would be and ought to be the re- hit of over 2,000 jobs is a big hit to our portunity for expressing their views. election of Barack Obama. economy. Those are the direct jobs. Of We know that the opportunity for work The CBC is speaking out as is the the people who work either for and for jobs is crucial as well. NAACP, but I’m still waiting for the HOVENSA or their subcontractors on Mr. Speaker, I rise today to speak about the cries of many of the good people of this the site, there will continue to be need to protect democracy, to protect the country. This is an egregious injustice about 100 employees for oil storage fa- voice of the American people, and to ensure and a threat to democracy and to the cilities, but the impact will rever- the right to vote continues to be treated as a stability of our Nation, and it must not berate throughout that entire commu- right under the Constitution rather than being be allowed to continue. The Congres- nity. Businesses that rely on treated as though it is privilege. sional Black Caucus has met with offi- HOVENSA from some of their sup- I am joined by my colleagues here today to cials of the Justice Department; and as pliers—hotels and restaurants and even call on all Americans to reject and denounce Congresswoman JACKSON LEE has stat- some of our private schools—are won- tactics and measures that have absolutely no ed, the CBC has sent a letter to Attor- dering how they are going to survive place in our democracy. I call on African- ney General Eric Holder, which has and keep their doors open when Americans, Hispanic and Latino Americans, as over 100 signatures from other Mem- HOVENSA closes. well as Asian-American voters to band to- bers, registering our grave concern We are looking at a number of issues, gether to fight for their right to vote and to over these laws and proposed laws, urg- and we still have a lot of questions work together to understand their voting rights ing that the Department of Justice ex- that we need to ask, but I wanted to which are granted to citizens of our nation by amine them and ensure that the rights bring this to the attention of my col- our laws and our Constitution. of voters are protected. leagues because this is a severe crisis. I call on these citizens to stand against har- In March, we will take up the torch As all of our States have been, we were assment and intimidation, to vote in the face of those who marched across the Ed- already having layoffs and having to of such adversity. The most effective way to mund Pettus Bridge to continue to cut salaries and impose austerity curb tactics of intimidation and harassment is fight for equal rights and, together measures on our population. The clos- to vote. Is to stand together to fight against with the NAACP and other partners, to ing of this refinery is a major hit, and any measures that would have the effect of begin a voter protection tour to key it has left my community reeling. So I preventing every eligible citizen from being cities in order to call attention to the ask for your prayers, and at the appro- able to vote. Voting ensures active participa- injustice; to mobilize efforts to help in- priate time I will probably come and tion in democracy. dividuals get the required ID or vote ask for your assistance on behalf of the As a Member of this body, I firmly believe where there still remains some early people of the Virgin Islands. that we must protect the rights of all eligible voting; and to continue to press the I want to take this opportunity to citizens to vote. Over the past few decades, Justice Department to do all that is in thank my colleagues Congressman minorities in this country have witnessed a its authority to protect this right that RANGEL, Congresswoman FUDGE, Con- pattern of efforts to intimidate and harass mi- so many fought, sacrificed, and died gressman SCOTT, Congresswoman LEE, nority voters through so-called ‘‘Voter ID’’ re- and Congresswoman JACKSON LEE for for. quirements. I am sad to report that as we joining me in this Special Order to As Congresswoman JACKSON LEE head into the 21st century, these efforts con- speak to the issue of voter protection showed, this is the map. It’s called the tinue. ‘‘Map of Shame.’’ Only 11 States are for the people of this country—the pro- Never in the history of our nation, has the without voter ID laws or are requesting tection of a fundamental right that effect of one person, one vote, been more im- must not be abridged. one or have legislation proposed. How portant. A great Spanish Philosopher, George I would be happy to yield to my col- will we ever be able to lead and speak Santayana once said ‘‘Those who cannot league from Texas if she would like to for the rights of the disenfranchised in have some more time. learn from history are doomed to repeat it.’’ other parts of the world? That was Our history has taught us that denying the something raised by Congressman RAN- b 2020 right to vote based on race, gender or class is GEL as we began the Special Order. Ms. JACKSON LEE of Texas. First, I a stain on the democratic principles that we all Where will we get the moral authority want to speak to the gentlelady’s last value. The Voting Rights Act was a reaction to if this travesty is allowed to exist and comment and say that you have been a the actions of our passed and a way to pave if we undermine this very fundamental champion for the Virgin Islands. I have the road to a new future. right, the right to vote? had the privilege of having several The Voting Rights Act (VRA) was adopted Already the undue influence of big meetings there. They are generous peo- in 1965 and was extended in 1970, 1975, money from undisclosed donors is in- ple, they are our neighbors, and so I 1982, and 2007. This legislation is considered fluencing elections. Already the ugly personally want to say, experiencing the most successful piece of civil rights legis- specter of racism has been raised to di- and understanding the impact of the lation ever adopted by the United States Con- vide our country and to misinform and loss of a major entity is something gress. Contrary to the prevailing rumor that inflame some segments of our country. many of us have gone through. the Act is due to expire, leaving minorities with This is not the country that we want to In this instance I wanted to say, yes, no rights, the Act is actually due for reauthor- be. The Voting Rights Act was passed we will stand with you and be of help. ization in the 2nd session of the 108th Con- in August of 1965, and at that time, it I’m introducing legislation that deals gress-there is no doubt about whether it will ended over a century of denial of the with trying to look at the energy in- continue to protect our rights in the future. right to vote to African Americans in dustry in a way to help it grow in a fair The VRA codifies and effectuates the 15th the South and to Latinos in the South- way, to be environmentally safe, and I Amendment’s permanent guarantee that, west as well. In voting rights, as with know that you are certainly someone throughout the nation, no person shall be de- health care reform, as someone said who is a champion of the environment nied the right to vote on account of race or earlier, we are not going back. but have found that that business is color. Adopted at a time when African Ameri- I would like to just take a few min- served economically, and I want to cans were substantially disfranchised in many utes of the time we have left to call at- make sure that we have these kinds of Southern states, the Act employed measures tention to a crisis in my district, in the industries, and they are not mutually to restore the right to vote to citizens of all U.S. Virgin Islands. Last Wednesday, exclusive. I don’t have the facts of U.S. states. January 18, we suffered an economic what has generated this action, but we By 1965, proponents of disenfranchisement earthquake with the announcement need to be helpful. made violent attempts to thwart the efforts of

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JA7.036 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H100 CONGRESSIONAL RECORD — HOUSE January 23, 2012 civil rights activists. The murder of voting- ganizations to conduct voter registration; and the photo ID needed to exercise their right to rights activists in Philadelphia and Mississippi even to eliminate a mandate on poll workers vote. For example, because of Texas’ recently gained national attention, along with numerous to direct voters who go to the wrong precinct. passed voter ID law, an estimated 36,000 other acts of violence and terrorism. These recent changes are on top of the people in West Texas’s District 19 are 137 Finally, the unprovoked attack on March 7, disfranchisement laws in 48 states that de- miles from the nearest full service Department 1965, by state troopers on peaceful marchers prive an estimated 5.3 million people with of Public Safety office, where those without crossing the Edmund Pettus Bridge in Selma, criminal convictions—disproportionately Afri- IDs must travel to preserve their right to vote Alabama, en route to the state capitol in Mont- can Americans and Latinos—of their political under the state’s new law. gomery, persuaded the President and Con- voice. In addition, women who have changed their gress to overcome Southern legislators’ resist- Voter ID laws are becoming increasingly names due to marriage or divorce often expe- ance to effective voting rights legislation. common across the country. Today, 31 states rience difficulties with identity documentation, President Johnson issued a call for a strong have laws requiring voters to present some as did Andrea, who recently moved from Mas- voting rights law and hearings began soon form of identification to vote in federal, state sachusetts to South Carolina and who, in the thereafter on the bill that would become the and local elections, although some laws or ini- span of a month, spent more than 17 hours Voting Rights Act. tiatives passed in 2011 have not yet gone into online and in person trying without success to Congress adopted this far-reaching statute effect. Some must also be pre-cleared under get a South Carolina driver’s license. in response to a rash of instances of inter- the Voting Rights Act prior to implementation. Voter ID laws send not-so-subtle messages ference with attempts by African American citi- In 16 of those 31 States, voters must (or will about who is and is not encouraged to vote. zens to exercise their right to vote—a rash soon be required to) present a photo ID—that As states approve laws requiring photo ID to that appears to be manifesting itself again in in many states must be government-issued— vote, each formulates its own list of accept- this nation. Perhaps a legislative measure is in order to cast a ballot. able forms of documentation. Another com- needed to respond in a way that the VRA did. Voter ID laws deny the right to vote to thou- mon thread emerging from disparate state ap- The Supreme Court upheld the constitu- sands of registered voters who do not have, proaches is a bias against robust student elec- tionality of the VRA in 1966 in a landmark de- and, in many instances, cannot obtain the lim- toral participation. cision—South Carolina v. Katzenbach, 383 ited identification states accept for voting. Henceforth, students at Wisconsin colleges U.S. 301, 327–28: Many of these Americans cannot afford to pay and universities will not be able to vote using Congress had found that case-by-case liti- for the required documents needed to secure their student ID cards, unless those cards gation was inadequate to combat widespread a government issued photo ID. As such, these have issuance dates, expiration dates, and and persistent discrimination in voting, be- laws impede access to the polls and are at signatures. cause of the inordinate amount of time and odds with the fundamental right to vote. Currently, only a handful of Wisconsin col- energy required to overcome the obstruc- In total, more than 21 million Americans of leges and universities are issuing compliant tionist tactics invariably encountered in voting age lack documentation that would sat- IDs. Nor will South Carolina, Texas, or Ten- these lawsuits. After enduring nearly a cen- nessee accept student identification at the tury of systematic resistance to the Fif- isfy photo ID laws, and a disproportionate number of these Americans are low-income, polls. teenth Amendment, Congress might well de- Policies that limit students’ electoral partici- cide to shift the advantage of time and iner- racial and ethnic minorities, and elderly. As pation are particularly suspect, appearing on tia from the perpetrators of the evil to its many as 25% of African Americans of voting the heels of unprecedented youth turnout in victims. age lack government-issued photo ID, com- the 2008 election. It seems that the ‘‘obstructionist tactics’’ that pared to only 8% of their white counterparts. Four states with new voter identification threatened the aggrieved parties in Katzen- Eighteen percent of Americans over the age of mandates, including my home state of Texas, bach have returned. The advantages of ‘‘time 65 do not have government-issued photo ID. South Carolina, Mississippi, and Alabama, are and inertia’’ that were shifted from bigoted bu- Laws requiring photo identification to vote required under the Voting Rights Act to have reaucrats to minority victims are slowly shifting are a ‘‘solution’’ in search of a problem. There these voting changes pre-cleared by either the back against their favor when educators, gov- is no credible evidence that in-person imper- Department of Justice (DOJ) or a panel of fed- ernment leaders, and agencies are allowed to sonation voter fraud—the only type of fraud eral judges. Before they may be implemented, contravene the policy and legal conclusions that photo IDs could prevent—is even a minor DOJ must certify that these laws do not have given by the highest court in the country. problem. Multiple studies have found that al- the purpose or effect of restricting voting by Several factors influenced the initiation of most all cases of alleged in-person imperson- racial or language minority groups. this civil rights legislation. The first was a large ation voter ‘‘fraud’’ are actually the result of a Thus far, South Carolina and Texas both shift in the number of African Americans away voter making an inadvertent mistake about have submitted applications to DOJ that have from the Republican Party. Second, many their eligibility to vote, and that even these been formally opposed in written submissions. Democrats felt that it was a mistake of its mistakes are extremely infrequent. DOJ has requested further information from Southern members to oppose civil rights legis- It is important, instead, to focus on both ex- both states, and the applications are on hold. lation because they could lose more of the Af- panding the franchise and ending practices Alabama’s ID requirements do not take effect rican American and liberal votes. which actually threaten the integrity of the until 2014, so the state has not yet applied to No right is more fundamental than the right elections, such as improper purges of voters, DOJ for preclearance. Mississippi’s voter ID to vote. It is protected by more constitutional voter harassment, and distribution of false in- requirement was approved by voters on No- amendments—the 1st, 14th, 15th, 19th, 24th formation about when and where to vote. vember 8, 2011, so a preclearance request and 26th—than any other right we enjoy as None of these issues, however, are addressed has not yet been submitted. Americans. Broad political participation en- or can be resolved with a photo ID require- In countries scattered across this earth, citi- sures the preservation of all our other rights ment. zens are denied the right to speak their hearts and freedoms. 3 State laws that impose new Furthermore, requiring voters to pay for an and minds. In this country, only a few decades restrictions on voting, however, undermine our ID, as well as the background documents nec- ago, the right to vote was limited by race, sex, strong democracy by impeding access to the essary to obtain an ID in order to vote, is tan- or the financial ability to own land. When a polls and reducing the number of Americans tamount to a poll tax. Although some states vote is not cast, it is a referendum on all those who vote and whose votes are counted. issue IDs for free, the birth certificates, pass- who fought so hard and tirelessly for our VOTER IDENTIFICATION ports, or other documents required to secure rights. When a vote is cast, it is cast not only There have been several restrictive voting a government-issued ID cost money, and for you and the future but also for all those bills considered and approved by states in the many Americans simply cannot afford to pay who never had the chance to pull a lever. past several years. The most commonly ad- for them. In addition, obtaining a government- We are still working to make Martin Luther vanced initiatives are laws that require voters issued photo ID is not an easy task for all King’s dream a reality, a reality in which our to present photo identification when voting in members of the electorate. Low-income indi- government’s decisions are made out in the person. Additionally, states have proposed or viduals who lack the funds to pay for docu- open not behind cigar filled closed doors. passed laws to require proof of citizenship mentation, people with disabilities with limited The time to take back the country is at when registering to vote; to eliminate the right access to transportation, and elderly Ameri- hand, and we are the ones with the power to to register to vote and to submit a change of cans who never had a birth certificate and do just that. To do so we must allow all citi- address within the same state on Election cannot obtain alternate proof of their birth in zens who are eligible to vote, with the right to Day; to shorten the time allowed for early vot- the U.S., are among those who face signifi- excise this decision without tricks or tactics to ing; to make it more difficult for third-party or- cant or insurmountable obstacles to getting dilute their right to vote.

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JA7.025 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H101 Instances of voter intimidation are not long state law determined who could actually vote, a presidential vote on more than 20,000 bal- ago and far away. Just last year I sent a letter which effectively excluded many Native Ameri- lots. 1 million ballots nationwide were flawed to U.S. Attorney General Eric Holder to draw cans from political participation for decades. by faulty voting equipment—roughly one for his attention to several disturbing instances of Asian Americans and Asian immigrants also every 100 cast. voter intimidation that had taken place in have suffered systematic exclusion from the Those who face the most significant barriers Houston. In a single week there were at least political process and it has taken a series of are not only the poor, minorities, and rural 15 report of abuse of voter rights throughout reforms, including repeal of the Chinese Ex- populations. 1.5 million college students, the city of Houston. clusion Act in 1943, and passage of amend- whose addresses change often, and the elder- As a Senior Member of the House Judiciary ments strengthening the Voting Rights Act ly, will also have difficulty providing docu- Committee, I called for an immediate inves- three decades later, to fully extend the fran- mentation. tigation of these instances. Many of these inci- chise to Asian Americans. It was with this his- In fact, newly married individuals face sig- dents of voter intimidation were occurring in tory in mind that the Voting Rights Act of 1965 nificant barriers to completing a change in sur- predominately minority neighborhoods and was designed to make the right to vote a re- name. For instance, it can take 6–8 weeks to have been directed at African-Americans and ality for all Americans. receive the marriage certificate in the mail, an- Latinos. It is unconscionable to think that any- And the Voting Rights Act has made giant other two weeks (and a full day waiting in line) one would deliberately employ the use of such strides toward that goal. Without exaggeration, to get the new Social Security card, and finally forceful and intimidating tactics to undermine it has been one of the most effective civil three–four weeks to get the new driver’s li- the fundamental, Constitutional right to vote. rights laws passed by Congress. cense. There is a significant possibility that However, such conduct has regrettably oc- In 1964, there were only approximately 300 this bill will also prohibit newlyweds from vot- curred in Houston, and I urge you to take ap- African-Americans in public office, including ing if they are married within three months of propriate action to ensure that it does not just three in Congress. Few, if any, black Election Day. recur. elected officials were elected anywhere in the The right to vote is a critical and sacred I am here today in the name of freedom, pa- South. Today there are more than 9,100 black constitutionally protected civil right. To chal- triotism, and democracy. I am here to demand elected officials, including 43 members of lenge this is to erode our democracy, chal- that the long hard fought right to vote con- Congress, the largest number ever. The act tinues to be protected. lenge justice, and mock our moral standing. I has opened the political process for many of urge my colleagues to join me in dismissing A long, bitter, and bloody struggle was the approximately 6,000 Latino public officials fought for the Voting Rights Act of 1965 so this crippling legislation, and pursue effective that have been elected and appointed nation- solutions to the real problems of election fraud that all Americans could enjoy the right to wide, including 263 at the state or federal vote, regardless of race, ethnicity, or national and error. We cannot let the rhetoric of an level, 27 of whom serve in Congress. And Na- election year destroy a fundamental right upon origin. Americans died in that fight so that oth- tive Americans, Asians and others who have ers could achieve what they had been force- which we have established liberty and free- historically encountered harsh barriers to full dom. fully deprived of for centuries—the ability to political participation also have benefited walk freely and without fear into the polling CONGRESS OF THE UNITED STATES, greatly. WASHINGTON, DC, place and cast a voting ballot. We must not forget the importance of pro- July 25, 2011. Efforts to keep minorities from fully exer- tecting this hard earned right. Hon. ERIC HOLDER, cising that franchise, however, continue. In- VOTER ID U.S. Attorney General, United States Depart- deed, in the past thirty years, we have wit- An election with integrity is one that is open ment of Justice, Robert F. Kennedy Build- nessed a pattern of efforts to intimidate and to every eligible voter. Restrictive voter ID re- ing, 950 Pennsylvania Ave., N.W., Wash- harass minority voters including efforts that ington, DC. quirements degrade the integrity of our elec- were deemed ‘‘Ballot Security’’ programs that DEAR ATTORNEY GENERAL HOLDER: We are tions by systematically excluding large num- include the mailing of threatening notices to concerned about the restrictive voter photo bers of eligible Americans. African-American voters, the carrying of video identification legislation pending or already I do not argue with the notion that we must cameras to monitor polls, the systematic chal- signed into law in a number of states. Many prevent individuals from voting who are not al- of these bills only have one true purpose, the lenging of minority voters at the polls on un- lowed to vote. Yet a hidden argument in this disenfranchisement of eligible voters—espe- lawful grounds, and the hiring of guards and bill is that immigrants may ‘‘infiltrate’’ our vot- cially the elderly, young voters, students, off-duty police officers to intimidate and fright- ing system. Legal immigrants who have suc- minorities, and low-income voters. Approxi- en voters at the polls. cessfully navigated the citizenship maze are mately 11 percent of voting-age citizens in My colleagues on the other side of the aisle the country—or more than 20 million indi- have a particularly poor track record when it unlikely to draw the attention of the authorities viduals—lack government-issued photo iden- comes to documented acts of voter intimida- by attempting to register incorrectly. Similarly, tification. We urge you to protect the voting tion. In 1982, a Federal Court in New Jersey undocumented immigrants are even less likely rights of Americans by using the full power provided a consent order that forbids the Re- to risk deportation just to influence an election. of the Department of Justice to review these publican National Committee from undertaking If for no other reason than after a major dis- voter identification bills and scrutinize their implementation. any ballot security activities in a polling place aster be it earthquakes, fires, floods or hurricanes, we must all understand how vulnerable The Voting Rights Act vests significant or election district where race or ethnic com- authority in the Department to ensure laws position is a factor in the decision to conduct our system is. Families fleeing the hurricanes and fires suffered loss of property that in- are not implemented in a discriminatory such activities and where a purpose or signifi- manner. Section 5 of the Voting Rights Act cant effect is to deter qualified voters from vot- cluded lost documents. Compounding this was requires preclearance by the Department ing. These reprehensible practices continue to the devastation of the region, which virtually when there is an attempt to change any vot- plague our Nation’s minority voters. shut down civil services in the area. For exam- ing qualification or prerequisite to voting, or standard, practice, or procedure with respect VOTING RIGHTS ACT HISTORY ple, New Orleans residents after Hurricane to voting in covered jurisdictions. In Section August 6, 2011, marked the 46th anniver- Katrina were scattered across 44 states. These uprooted citizens had difficulty reg- 5 jurisdictions, whenever photo identifica- sary of the Voting Rights Act. tion legislation is considered, the Depart- Most Americans take the right to vote for istering and voting both with absentee ballots and at satellite voting stations. As a result, ment should closely monitor the legislative granted. We assume that we can register and process to track any unlawful intent evinced vote if we are over 18 and are citizens. Most those elections took place fully 8 months after by the proceedings. In jurisdictions not cov- of us learned in school that discrimination the disaster, and it required the efforts of non- ered by Section 5, the Department should ex- based on race, creed or national origin has profits, such as the NAACP, to ensure that ercise vigilance in overseeing whether these been barred by the Constitution since the end voters had the access they are constitutionally laws are implemented in a way that dis- of the Civil War. guaranteed. criminates against protected classes in vio- Before the 1965 Voting Rights Act, however, We need to address the election fraud that lation of Section 2 of the Voting Rights Act. the right to vote did not exist in practice for we know occurring, such as voting machine Restrictive voter photo identification leg- integrity and poll volunteer training and com- islation has the potential to block millions most African Americans. And, until 1975, most of eligible American voters, and thus sup- American citizens who were not proficient in petence. After every election that occurs in press the right to vote. We urge you to exer- English faced significant obstacles to voting, this country, we have solid documented evi- cise your authority to examine these laws so because they could not understand the ballot. dence of voting inconsistencies and errors. In that voting rights are not jeopardized. We Even though the Indian Citizenship Act gave 2004, in New Mexico, malfunctioning ma- also request that you brief us on the efforts Native Americans the right to vote in 1924, chines mysteriously failed to properly register the Department is undertaking to ensure

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.027 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H102 CONGRESSIONAL RECORD — HOUSE January 23, 2012 these new laws are implemented in accord- Ms. EDDIE BERNICE JOHNSON of Texas. violence of abortion, infanticide and ance with the Voting Rights Act. Mr. Speaker, I rise today to speak in strong euthanasia. We believe in the politics Sincerely, opposition to voter suppression efforts in and policies of inclusion, regardless of Marcia L. Fudge; Nancy Pelosi; Steny H. Hoyer; James E. Clyburn; John B. Lar- Texas and in several other states throughout race, age, sex, disability or condition of son; George Miller; Tim Ryan; Janice the country. dependence. D. Schakowsky; Keith Ellison; Grace In the United States, we use voting as a Yesterday, January 22, marked the F. Napolitano; Emanuel Cleaver; Andre´ means for the people to select their elected 39th year since the infamous holdings Carson; Rau´ l M. Grijalva; Maxine representatives at all levels of government. of Roe v. Wade and Doe v. Bolton, the Waters; Laura Richardson; Lucille This is a basic tenet of American democracy pair of Supreme Court decisions that Roybal-Allard; Silvestre Reyes; Sheila that some have sought to manipulate and cur- nullified fundamental pro-life protec- Jackson Lee; Yvette D. Clarke; Bob tail. tions throughout the United States. Filner. Barbara Lee; Donna M. Christensen; Jose´ Through a series of regressive voting laws, The catastrophic loss of children’s lives E. Serrano; Judy Chu; Alcee L. Has- a number of state legislatures have already since Roe v. Wade and Doe v. Bolton tings; Charles B. Rangel; Karen Bass; taken extraordinary measures to exclude the has been absolutely numbing. Over 54 Frederica S. Wilson; Melvin L. Watt; elderly, our youth, minorities, and the poor million children have been killed by Eleanor Holmes Norton; Bennie G. from access to the polls and casting their bal- dismemberment, chemical poisoning, Thompson; G. K. Butterfield; William lots. lethal pills, suction and starvation. Lacy Clay; Danny K. Davis; John Whether in the form of voter ID mandates, Let’s not forget that RU–486 is a Lewis; Gwen Moore; Tammy Baldwin; chemical compound. It’s two chemi- Jesse L. Jackson, Jr.; Robert C. obstructions to voter registration, or even out- ‘‘Bobby’’ Scott; Donald M. Payne. right intimidation, these measures to keep eli- cals, and one of the effects of one of Michael M. Honda; Betty McCollum; gible voters from exercising their right to vote those chemicals is to literally starve Henry C. ‘‘Hank’’ Johnson, Jr.; Robert are contrary to our founding principles as a the baby in the womb to death. The A. Brady; Dennis J. Kucinich; Edolphus Nation. second chemical brings on delivery of a Towns; Anna G. Eshoo; Steve Cohen; In Texas, strict voter ID laws were passed dead baby. Women have been harmed Corrine Brown; Luis V. Gutierrez; Eli- in the State Legislature last year. This law re- by abortion as well. Over 100 studies ´ jah E. Cummings; Ruben Hinojosa; Joe quires each voter to present a valid govern- showed significant psychological harm, Baca; Chellie Pingree; Betty Sutton; Terri A. Sewell; Charles A. Gonzalez; ment-issued ID, regardless of whether they major depression and elevated suicide Fortney Pete Stark; Peter Welch; Brad possess a voter registration card and are list- risk in women who abort. Miller. ed among the voting rolls. These efforts are The Times of London wrote, senior Ben Ray Luja´ n; Loretta Sanchez; Caro- specifically tailored to exclude specific voting psychiatrists say that new evidence lyn B. Maloney; Donna F. Edwards; groups. has uncovered a clear link between Dale E. Kildee; Henry A. Waxman; The only mechanism keeping these discrimi- abortion and mental illness in women Doris O. Matsui; James P. McGovern; natory policies from becoming effective in with no previous history of psycho- Eni F.H. Faleomavaega; Eliot L. Engel; Texas is preclearance, required under the Vot- logical problems. They found that Earl Blumenauer; Hansen Clarke; Gary ing Rights Act in states that have a history of women who had abortions had twice L. Ackerman; John Garamendi; Russ Carnahan; Jerry McNerney; Rush D. racial discrimination. the level of psychological problems and Holt; Bill Pascrell, Jr.; Robert E. An- We need only to look to history to know that three times the level of depression as drews; Peter A. DeFazio. these kinds of devious tactics have been used women who give birth or who have Zoe Lofgren; Paul Tonko; Howard L. Ber- before. In essence, these laws mimic the lit- never been pregnant. man; Lynn C. Woolsey; Michael H. eracy tests and poll taxes that defined the Younger women are also harmed by Michaud; Lois Capps; Xavier Becerra; days of Jim Crow. Except today, these laws abortion psychologically. A com- Rosa L. DeLauro; Steve Israel; Louise target not only minorities but also seniors, stu- prehensive New Zealand study found McIntosh Slaughter; Chris Van Hollen; dents, the disabled, and the poor. that almost 80 percent of 15- to 18-year- Al Green; Cedric L. Richmond; Albio Sires; Sam Farr; Jim McDermott; Jim Yet here we find ourselves again battling olds who had abortions displayed symp- Cooper; Gregory W. Meeks; Nydia the same problem with a different disguise. I toms of major depression as compared Vela´ zquez; Marcy Kaptur. refuse to accept that these laws seek to ad- to 31 percent of their peers. Eddie Bernice-Johnson; Theodore E. dress existing weaknesses in our electoral Abortion also has a deleterious effect Deutch; Lloyd Doggett; Linda T. system. In fact, these laws do nothing to ad- on subsequent children born to women Sa´ nchez; John P. Sarbanes; John W. dress the kinds of fraud that were exposed who have aborted. At least 113 studies Olver; Jerrold Nadler; John C. Carney; during previous elections, such as the purging showed significant association between John D. Dingell; John F. Tierney; of entire voter rolls or intentionally long wait abortion and subsequent premature James A. Himes; Chaka Fattah; David births. One study by Shah and Zoe E. Price; Ed Pastor; Chris Murphy. times during early voting. Mr. Speaker, it is absolutely critical that we showed a 36 percent increased risk for Mrs. CHRISTENSEN. I thank you for work toward strengthening the integrity of our preterm birth after one abortion and a your support, and I know that I have elections and avoid tactics meant to sway their staggering 93 percent increased risk the support of the Congressional Black outcome in favor of a select few. It is undemo- after two. Caucus. It just raises the issue that we What does this mean for subsequent have been coming to the floor for the cratic and I will continue to oppose any efforts children born to women who have had entire year to speak on before this to suppress our electorate. abortions? Preterm birth is the leading evening, and that’s jobs and job cre- f cause of infant mortality in the indus- ation. RIGHT TO LIFE Mine, like other communities across trialized world after congenital abnor- the country, will definitely need to The SPEAKER pro tempore (Mr. malities or anomalies. Preterm infants enact legislation, like the American GARDNER). Under the Speaker’s an- have a greater risk of suffering from Jobs Act and some of the countless nounced policy of January 5, 2011, the common lung disease, sensory deficit, pieces of legislation that the Congres- gentleman from New Jersey (Mr. cerebral palsy and cognitive impair- sional Black Caucus has introduced in SMITH) is recognized for 60 minutes as ment and behavioral problems. this Congress to create jobs for the the designee of the majority leader. Low birth weight, which is also one people, for people in this country. Mr. SMITH of New Jersey. Mr. of the consequences, is associated with I just wanted to add that in addition Speaker, the right-to-life movement is neo-natal mortality and motility. to the impact on the U.S. Virgin Is- the greatest human rights movement Finally, Mr. Speaker, at the March lands and St. Croix in particular, this on Earth, a remarkable decades-long for Life today, there were large, large closing will have a major impact, espe- struggle embraced by millions of self- numbers of people, tens of thousands of cially on the east coast, as Hovensa has less women and men of all ages, races, people. As cochair of the Pro-Life Cau- been a major supplier of gasoline to the colors and creed and made up in recent cus, I was proud to stay with so many east coast. So, again, I ask for your years, I’m happy to say, disproportion- of our lawmakers here, many of whom prayers and your support. ately of young people. are on the floor tonight, and also with With that, I yield back the balance of We defend and seek to protect all the our leadership, Speaker JOHN BOEHNER, my time. weak and vulnerable persons from the Majority Leader CANTOR, KEVIN

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.024 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H103 MCCARTHY and JEB HENSARLING, among where we are going to place some addi- how small the footprint, every foot- the most profoundly important speech- tional attention this year, and that is print can make a lasting impression. es made about the sanctity and the dig- on Planned Parenthood. America de- Had Sophia not been born, the nity of human life. serves better than Planned Parent- Enquirer wouldn’t have run the story And they have produced the No Tax- hood. And it’s important that everyone and it wouldn’t have provoked the dis- payer Funding for Abortion Act, H.R. 3, realize, Mr. Speaker, that Planned Par- cussion for life, and who knows what which not only would be a government- enthood continues to profit from the other child wouldn’t have been saved. wide prohibition on government fund- destruction of human life with tax- Ann told me at the funeral that the ing for abortion, it also had a robust, payer money. This year, we are going value of life each person has, no matter very significant conscience clause as to delve into that issue a little bit their shortcomings or faults, should be part of that legislation. more and find out more about what has loved and cherished and protected. Ann The Protect Life Act and, of course, happened with these funds and the or- has it right. I believe many people in the defunding of Planned Parenthood, a ganization of Planned Parenthood. this Congress have it right. And I know group that aborts in its clinics some Today, as our constituents have that Americans at heart have it right. 330,000 abortions, 330,000 dead babies in come into the city, we have been en- So today, while hundreds of thou- its clinics each and every year. It was couraged, and we have encouraged oth- sands marched on the lawn of the Cap- a great march and we had women from ers. It’s nice to be able to encourage itol in the rain to protest a really bad Silent No More campaign, post-abor- one another. We all have prayed for the decision that was made 39 years ago, I tive women who eloquently speak to millions of women and children who saw Sophia’s little footprints in my all women not to have abortions be- are hurt by abortion, and we have also mind. As I saw those footprints on the cause they are the ones who have been prayed that God will provide the cour- lawn, I thought those big footprints are victimized by it, but also as a pathway age and the steadfastness that is need- making as lasting an impression as lit- to healing and reconciliation for those ed for us to put an end to this national tle Sophia because no matter how who have. This movement is all about tragedy. great or how small, we all have life’s forgiveness and all about reconcili- Mr. SMITH of New Jersey. I want to value because we are children of God. ation and reaching out to those who thank my friend, Mrs. BLACKBURN, for Mr. SMITH of New Jersey. I thank are on the other side, especially post- her very eloquent comments, and my good friend for her excellent state- abortive women. thank her for her leadership. ment. I would like to now yield to the dis- I would now like to yield to the gen- I now yield to the gentleman from tinguished gentlelady from Tennessee, tlelady from Ohio (Mrs. SCHMIDT), who Michigan (Mr. WALBERG). MARSHA BLACKBURN. has led both in Ohio when she was Mr. WALBERG. I thank the gen- Mrs. BLACKBURN. I thank the gen- there in the legislature as well as here tleman for his courage in standing on tleman from New Jersey for yielding. in Washington. this issue of life. It’s an important Mr. Speaker, he said something that Mrs. SCHMIDT. I thank my good issue. And tonight, we will have the is so important. This is a special day, friend from New Jersey (Mr. SMITH). privilege of hearing from lawyers and it’s a somber day and solemn in many Your courage on this issue will not go doctors and business people who all ways, but yet it is a day when you unnoticed. hold the same position, the position think about hope and encouragement I really, Mr. Speaker, wanted to talk held with the framers and founders of and reconciliation. We all have had to you tonight about a little girl, a lit- this great country when they began in constituents who have come in today tle girl with a 2-inch foot and the last- writing the greatest document man has to express their opinion and to mark ing impression that that little 2-inch ever written, I believe, the Declaration this 39 years to be here to protest, 39 foot has made. of Independence, that said many long, painful years of government-sanc- I come from southern Ohio, and my things, but this tonight comes in very tioned abortion on demand. parish is St. Elizabeth Ann Seton, led important to us when they said: My constituents and many Ten- by Father Michael Cordier. Father We hold these truths to be self-evident nesseans that came here today and Cordier has a brother, Andy, and his that all men are created equal and endowed that gathered in churches and at the sister-in-law, Ann. And just recently by their Creator with certain unalienable State Capitol in Nashville have done it they buried their 5-month-old daugh- rights, among them, the right to life, liberty, for two reasons. One is to protest abor- ter. and the pursuit of happiness. tion. The other is to show respect for Sophia Grace Cordier was born with a They understood in their wise minds life. They have spoken with one voice. chromosomal condition, one that was as they deliberated together and as Life is a beautiful gift from God and diagnosed long before she was born. they contemplated doing something no government should be able to take The doctors made the suggestion that that had not been done in this world that life away. We know in our hearts perhaps they should abort the child be- before, they sought their Creator for what is true. Life is a natural right, cause the risks were so great that she wisdom, and they understood truths and the Declaration of Independence wouldn’t even be born alive. Given the that were unique and special and calls for us to protect the smallest and statistics, even if she was born alive, it truths that were blessed ultimately by the weakest among us. After all, there was likely she would not make her first their Creator. is no independence without our most birthday, so why bother. But Ann and And so tonight, I don’t want to speak basic, fundamental right, the right to Andy understand the meaning of life at to you from a medical perspective or life. all levels. They know that life is pre- from a legal perspective, but I want to There are a couple of things that cious, and they knew that her life was speak from a perspective that really we have concerned many of us lately. One worthy of respect. give credence to when we look above is abortion being smuggled into our The amazing thing is not just the the Speaker’s rostrum and we see our health care system through hundreds of people who came to the fu- motto for this great Nation: In God we ObamaCare. It is something that I neral, but what happened on December trust. What does he think about what think is morally indefensible, it is fis- 23. See, the Cincinnati Enquirer had a went on today? What does he think of cally irresponsible, it is an issue that front-page story on the miracle baby. what went on 39 years ago? we’re going to hear more about each They showed the risks, but they also Well, the Psalmist said in the word of and every day as we go through the talked about life and pro-life positions, God that was left for us to understand year. our Cincinnati Enquirer. and our framers and founders read, At the funeral, there were many pic- meditated upon, deliberated over, and b 2030 tures of Sophia Grace. But the one that came up with something great for this As a woman, I believe that America left the imprint on my mind were her life and this country, they read words and our citizens deserve better than little 2-inch footprints. And her mother such as this. The Psalmist in Psalm 127 abortion. And I believe, and this is the had, and I wished I could remember the said: second thing that has really caught a exact words, but typed up something Behold, children are a gift of the LORD, lot of attention lately and is an area that said to the point that no matter the fruit of the womb is a reward.

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.040 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H104 CONGRESSIONAL RECORD — HOUSE January 23, 2012 The prophet Jeremiah heard from ness for this terrible tragedy of abor- Life, as has been mentioned, is a pre- God himself who said to Jeremiah: tion on demand. cious gift from God. And not only is Before I formed you in the womb, I knew I would like to now yield to the gen- abortion wrong both morally and ethi- you, before you were born I set you apart. tlelady from New York, ANN MARIE cally, it’s a really bad idea. And I know Unique. Not a product of conception, BUERKLE. Mr. WALBERG talked about from my practice of medicine, I’m an a product of God’s planning and gift. the lawyers. Well, she is a lawyer and OB/GYN doctor, as Congressman SMITH And then in that beautiful Psalm, a nurse and brings a unique perspective mentioned, and in the group that I be- Psalm 139: to this fight, the struggle for the long to and in the years that I was For You formed my inward parts; you wove human rights of the unborn and for there, we delivered over 25,000 babies, me in my mother’s womb. I will give thanks their mothers. myself almost 5,000 babies. to You, for I am fearfully and wonderfully Ms. BUERKLE. And I thank the gen- What I got to see during that time, made; Wonderful are Your works, And my tleman from New Jersey for his leader- it’s been an amazing transition. When soul knows it very well. My frame was not ship in this issue. Roe v. Wade was passed, we didn’t have hidden from You, When I was made in secret, Mr. Speaker, I stand before you this access to ultrasound; and as ultrasound And skillfully wrought in the depths of the evening as we commemorate the 39th came along from just a little gray blur earth; Your eyes have seen my unformed anniversary of the infamous Supreme that you were able to see to now in 3– substance; And in Your book were all writ- Court decision Roe v. Wade. And as we ten The days that were ordained for me, D and 4–D ultrasound that you’re able stand here and we reflect as a Nation when as yet there was not one of them. to visualize the fingers, the hands and the loss of millions and millions of un- the movement, to see this little person In God we trust. He designed us. He born lives and the destruction and the very early on. We can identify a heart- designed a purpose for all life, Mr. damage that is done to the woman— beat at 28 days post-conception. And I Speaker. We as humans run amuck of there are two victims in an abortion, will defy anyone to tell me that that is His plan, His wisdom, if we decide what both the mother and the unborn—I not a living, breathing, in utero human is good, what is right, what is accept- think there is reason for us to be hope- being. It’s a person that’s there that able as opposed to saying: God, thank ful. This day we witnessed hundreds of just hasn’t been there quite long You for the gift. thousands of Americans marching on enough yet. I’m a father of three gifts; I’m a the Capitol in support of life; and of grandfather of four, one in heaven that those hundreds of thousands, so many And I remember in my practice when I look forward to seeing again some of them were young people, high school I first began in 1977, at 32 weeks, half of day after he fought and lived for 8 days students and college students standing the children died of prematurity at on this Earth. I’m a grandfather of two up for life, doing the right thing. So I that point. Now, those children live the others who are on the ground who I am hopeful we are changing the hearts same as a term birth. And we’re seeing enjoy to the fullest, and a grandfather and minds of the American people. The that number pushed further and fur- of one who is in the womb at this very youth of today are willing to stand up ther and further back with children time growing into what God intends for what’s right, and they understand younger and younger. him to be. And in a little over a month, the words of the Declaration of Inde- We tend to think of this in our own I look forward to meeting and greeting pendence, that we are endowed by our time. Think about 50 or 100 years from that new creation, gift of God, formed Creator with unalienable Rights, now. Who knows what the technology uniquely in the womb. among them, life, liberty, and the pur- will provide? Because it is a precious We can think of medical practices suit of happiness, and the most basic gift from God that we’re protecting. and terms, and those are good. We can right is the right to life. I sadly stand here and tell you that have arguments from law and Constitu- So we celebrate those youth who 19,500 women in Tennessee in 2008 had tion, and those are good and decent. have the courage to stand up on behalf an abortion. That’s just in one State. But I take the words of God, the Cre- of life, and we pray for the change of The rate is going down, and across the ator himself, and find great sustenance the hearts and minds of the American Nation it’s going down, but it’s far, far in my belief that life is the greatest people to understand that every life, too many. And we’ve just heard a num- gift that God has given. And the Savior regardless of how that life was con- ber, 54 million, that boggles my mind that He gave who was born of a woman ceived, is valuable; it has intrinsic about how many people that is. And I in a womb, not aborted, said: value, and we must protect that life. can tell you, having had the oppor- I am come that you might have life, and Mr. SMITH of New Jersey. Thank tunity to live in the community I have life abundantly. you, Ms. BUERKLE. We would do well in this great coun- I would like to now yield to the gen- for 35 years and to watch young babies that I have delivered grow up to be try to say ‘‘Amen’’ to that issue and to tleman from Tennessee, Dr. ROE. We support life in all its forms. have, in this Congress, a number of teachers, coaches, doctors, and friends medical doctors, most of whom are proof mine—many of them are close, per- 2040 b foundly pro-life. And in the case of Dr. sonal friends that I have delivered. I’ve watched them now take their children Mr. SMITH of New Jersey. Mr. ROE, I believe he has delivered at least WALBERG, thank you very much for 5,000 babies. to soccer matches and to school plays that very eloquent and God-centered Mr. ROE of Tennessee. I thank the and learn to play musical instruments testimony on behalf of life. I would gentleman for yielding. And I want to and to add to this Nation and to add to point out that throughout the Capitol first start out by thanking my friend the culture of this Nation. I can’t and throughout the country there were and colleague, Congressman SMITH, for imagine what this world would be like religious services on behalf of the un- being one of the most steadfast leaders without them here. born seeking reconciliation and wis- in this Nation, not tonight, not for this And one of the great privileges that dom from above and healing. One of 1 hour of Special Order tonight, but for I’ve had in my life was a person that I those was the National Memorial for decades, CHRIS, for standing up for life know very well at home came to me the Preborn and Their Mothers and Fa- and what’s right, and I am proud to as- and he said, Dr. ROE, do you remember thers right here in the Capitol. Clergy sociate with you. that boy you delivered of mine 20 years from various denominations gathered Today, as we went out on The Mall ago? I said, Yeah, I do. He said, You together to pray and to hear readings here, for those of you all who didn’t see also had the privilege of nominating from the Gospels, Old and New Testa- it on television, it was a cold, rainy him to the military academy to Annap- ments, and to hear the preaching of Fa- day—and it was very cold last year and olis. And I stand here with great pride, ther Frank Pavone, director of Priests clear—but it didn’t dampen the spirits and I’m probably one of the few people for Life and president of the National of literally thousands and thousands of that’s been able to do that. And what if Pro-Life Religious Council, and so people who came from all over the Na- his mother had made a different deci- many others of all denominations and tion, and as Congresswoman BUERKLE sion? This young leader in this coun- faiths pleading before the Lord for rec- just said, the scores of young people try, these are the future leaders of our onciliation and, frankly, for forgive- who are here to celebrate life. Nation.

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.042 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H105 I want to finish by saying I think, to a father, and a grandfather. And I have Mr. SMITH of New Jersey. I would me, personally, one of the most hei- delivered, myself, many hundred babies like to now yield to the gentlewoman nous procedures that could ever be per- and have found that that is one of the from Alabama, Congresswoman MAR- formed on a human being is a third-tri- most important and intimate times in THA ROBY. mester abortion. There is absolutely no a person’s life is taking part of and in One of the blessings of this Congress medical reason—I stand here tonight some way delivering a baby. is that we have so many articulate and and will challenge anybody in this Na- b 2050 brave women who speak out in defense tion of over 300 million people to de- of life. I have been here for 32 years and bate me on this issue. There is no med- Nonetheless, we have today a prob- I think we have now more pro-life ical indication other than termination lem since Roe v. Wade that we are in women than ever. of the child’s life. There is no reason to great grievance about. Mrs. ROBY. I thank the gentleman You heard Mr. WALBERG so elo- do that for any other. for yielding. I have made this challenge before, quently talk about the passages from Mr. Speaker, I also rise today to rec- the Bible that describe about knitting and I will make it again here tonight. ognize the 39th anniversary of the mon- me in the womb and knowing me even I have yet to be taken up on that. I umental court decision of Roe v. Wade. before being born. But do you realize don’t see any difference in that and Since the legalizing of abortion in that the DNA of every conceived life is why wait until a baby is born and do 1973, approximately 50 million abor- unique in history? There will never be something. It’s called murder then. tions have been performed in the another like it. In my opinion, that is I want to thank CHRIS again, Con- United States of America alone. Just God’s opinion, that that is a separate gressman SMITH, for being so steadfast today, 4,000 babies have been aborted. and distinct human being and a person in his 30-plus years. You are changing Over the course of 2012, as you heard upon itself. hearts and changing minds. And it is a the doctor just say, 1.2 million children Let me share some facts with you. Do in the United States will not be grant- true privilege to stand here tonight you realize that the heart begins beat- with my colleagues and to be for life. I ed life. ing at 23 days after conception, that I am unapologetically pro-life and it can’t imagine being otherwise. the fetus begins to feel pain as early as Mr. SMITH of New Jersey. Dr. ROE, is a tremendous honor to be a part of 20 weeks and maybe even earlier? We thank you so very much for your kind this pro-life caucus. I believe that the are still waiting for some studies on remarks, and you have been a leader, miracle of human life begins at the mo- that. Certainly any abortion that is as have the Members that have been ment of conception. I also believe that committed in the middle or third tri- speaking. There’s no single leader, ex- every human life has the inherent right mester is obviously extreme agony for cept for maybe Henry Hyde when he to life and that this must be protected any type of fetus. by law. As a woman, a wife and a moth- was the leader here in the House. But Some other important facts. While er of two precious young children of this is a group leadership of men and there were approximately 744,000 abor- my own, I will continue to fight for the women who are just passionately in tions in 1973, the time of Roe v. Wade, favor of life. that actually peaked in 1990 at 1.6 mil- unborn as a Representative of Ala- I mentioned doctors who are strongly lion. It has come down. It has come bama’s Second Congressional District. I applaud my own home State of Ala- members of this Pro-Life Caucus. Well, down today to 1.2 million. Not nearly bama in its admirable fight to protect one of those is Dr. FLEMING from Lou- low enough. Do you realize also that isiana, and I would like to yield to him. over $487 million of taxpayer money is human life. Alabama recently became And I just point out that the Obama used each year to go to Planned Par- the fifth State to pass a measure ban- administration has declared war on enthood, which is the number one pro- ning physicians from performing abor- conscious protections. He has done it vider of abortions in this country, com- tions after 20 weeks, which according in a repeated fashion, most recently in mitting over 320,000 innocent lives to to the research you just heard is the ordering all health insurers, including death each year? point where an unborn child can expe- faith-based institutions, to pay for all There are things we are doing that rience pain. I applaud the Alabama leg- means of preventing pregnancy, includ- are effective. You heard me say that we islature for taking such a strong stance ing subsidizing abortifacients like Ella are down from a peak of 1.6 million on abortion and protecting the unborn. and Plan B. Everyone must comply re- down to 1.2 million. What are some of I believe that I have an obligation to gardless of moral objection or religious the things that we can do and have do everything in my power to fight for tenets simply because Obama says so. done? My home State, Louisiana, the unborn, prevent taxpayer money The United States Catholic Con- which was chosen by AUL to be number from funding abortions and to protect ference of Bishops recently had a grant one in abortion law, has done the fol- our system from the encroachment of to assist human trafficking victims lowing: A mother-to-be must wait at the all-powerful judiciary. under a law I wrote called the Traf- least 24 hours after notification to ac- Today is the time to celebrate the ficking Victims Protection Act. They tually have an abortion; she must be gift of life and to mourn those lives did a great job. The reviewers said so provided with information so she can that were unjustly ended before birth. and gave it very high marks. But that read about this and have a cooling-off Let us use the 39th anniversary of Roe wasn’t enough for the Obama adminis- period before making that final deci- v. Wade as an occasion to reaffirm our tration. This past fall, the USCCB was sion; she must receive information belief and to vow to fight for the life of blatantly discriminated against and about fetal pain, what I mentioned just every child. thrown out of the program simply be- a moment ago; and that she must be al- Mr. SMITH of New Jersey. I thank cause they would not refer for abor- lowed, if she chooses, to view a the gentlewoman. tions. sonogram to see what that fetus actu- I would like to now yield to my good And Mr. LANKFORD, who will speak ally looks like, her potential baby. And friend and colleague from Indiana, shortly as well, did a wonderful job in Louisiana has declared that the unborn MARLIN STUTZMAN, who before coming a hearing in bringing out, as did Chair- child is a human being and is therefore to the House, fought for life in the leg- man ISSA, how discriminatory this a person. islature. And he did a wonderful job. really is. Mr. Speaker, there is a lot that we Mr. STUTZMAN. I thank the gen- Leading the effort on conscience pro- have done. There is a lot more we can tleman for yielding. I want to thank tection, prime sponsor of the Abortion do. Although I want to see Roe v. Wade him for his service and his fight on this Nondiscrimination Act, is Dr. FLEMING. overturned, there are still many good particular issue. And it is a privilege to Mr. FLEMING. I thank the gen- laws that we can produce that I think— stand here today with so many other tleman, Mr. SMITH, not just for the in- certainly defunding of organizations colleagues on this important matter. troduction, but for the fine work that provide these abortions that can Mr. Speaker, I stand here before you you’ve done for so many years, sir, as sharply lower these numbers. There is today as a father of two young boys well as JOE PITTS, our good friend and much more we can do. that I’m very proud of, Payton and colleague. We shouldn’t just hold out for over- Preston. Mr. Speaker, I speak to you this turning Roe v. Wade. We should act In this day of technology, it is amaz- evening as a physician of over 30 years, today. ing what we can now see in the womb.

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.044 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H106 CONGRESSIONAL RECORD — HOUSE January 23, 2012 Today I brought with me a picture of ask itself about these convoluted val- well, okay. And I didn’t feel quite right my niece that my brother sent to me ues. about it, but I didn’t have much infor- and it is on my BlackBerry. If you It does not pass without note that mation, I didn’t have much facts, I could see the picture, it is a picture of Roe vs. Wade, 39 years ago, was passed didn’t know. So I remember in the fu- a little girl with a pudgy nose, pudgy in 1973. It was the same year that the ture somebody asked me whether I was cheeks and a lot of hair. The doctor Endangered Species Act was passed pro-choice, and I said yeah. tells my brother and my sister-in-law protecting the eagle eggs. So at the But then something happened. I got that she talks a lot and it doesn’t sur- point that this Nation was fully sanc- some facts, I got some information. It prise me for a Stutzman. tioning the destruction of human em- was in high school, in a child develop- It is amazing to see a color picture bryos, it was fully protecting embryos ment class. And all of a sudden I got to like this of a little baby girl 27 months of other species. see, for the first time, pictures of a de- old in the womb and to see this picture I’m fully confident today that this veloping baby. And let me show one to and to realize the life that is inside the tragedy is going to be reversed because you now. This is one of the pictures womb is truly amazing and remark- I hear young men and young women that I saw, and this is of a 2-month old able. I believe that is what is going to across this Nation who are looking at baby. be a big part in leading the battle in the scientific evidence to understand And I looked at all of these pictures, overturning Roe v. Wade or reversing that it is more than a blob of tissue, and I heard the information, and I real- this tragic decision that has led to so but this is human life that we’re end- ized that abortion is taking this life, many lost lives here in America. ing. and it’s alive. It is a child. It is not a As I served in the Indiana legislature We see the decline in the value of the choice. for so many years, we fought this issue human in our culture because of deci- Here’s some facts that I learned: year after year. And I applaud the Indi- sions that this Nation’s policy leaders That at day 22, that’s just over 3 ana legislature, especially last year, in have made, and I see young people weeks, when most girls don’t even know they’re pregnant yet, the heart passing legislation and preventing the across this land beginning to stand up begins to beat. By the end of the third subsidization of abortions with State and let their voices be heard. And when week the child’s backbone, spinal col- and Federal tax dollars. At the same we speak with one voice, Washington listens. And in this case of protecting umn, and nervous system are forming. time, I want to bring to the floor the By week six, brain waves are detect- the human life, it is time for Wash- important matter that we have to con- able, fingernails are forming. Week tinue to push back on the Federal Gov- ington to listen. Mr. SMITH of New Jersey. Thank seven, eyelids and toes form. The nose ernment because the Federal Govern- is distinct and the baby is kicking and ment has threatened to withhold other you so much for that very, very eloquent statement. swimming. health care dollars from the State of By the end of the second month, I would like to now yield to VICKY Indiana for this decision. which is how old this baby is here, HARTZLER from Missouri, a new Mem- Indiana has actually been most re- every organ is in place. Bones begin to ber of Congress who has already made cently named the most improved over replace cartilage. Fingerprints begin to a serious impact, particularly on the 2011 by Americans United for Life and form, and the baby begins to hear. now ranks as the number 10 State in life issue. So glad to have you here. By week 9 and 10, the baby can turn the Nation for defense of the unborn. Mrs. HARTZLER. Thank you so his head and frown, and the baby can Planned Parenthood received over much, Congressman. It is an honor to hiccup. By weeks 10 and 11, the baby $487.4 million in government funding. be here tonight on the anniversary of can breathe amniotic fluid and it can That is an astounding $1.34 million per the 39th year of the Roe v. Wade court grasp objects in its hand. Perhaps day. By their own count, they per- decision. And today it was so encour- you’ve seen that famous picture of that formed 329,445 abortions in that same aging to see the hundreds of thousands surgery on that unborn baby and how time. That is over 900 abortions a day. of people from all across this country that hand came out and grasped the Mr. Speaker, today is the day that come here to march and to commemo- doctor’s finger. we stop a tragedy that is going to be a rate this deadline, this decision, and to Week 12, end of the third month, the blight on this country. I believe that celebrate life and to pray for the day baby has all the parts necessary to ex- the young people across America that when all life is valued in this country. perience pain. Like my colleague marched today here in Washington, It was cold, about 36 degrees here, talked about, its vocal cords are com- D.C., are going to be the generation and it was rainy, but people stood for plete, and the baby can suck its thumb. that puts an end to this tragedy. hours out in the rain, not minding, be- Some facts that I also learned are, Mr. SMITH of New Jersey. Thank cause they believe in life. And people for instance, in 2008 there were 1.21 mil- you very much and thank you for re- may say, well, why are the people lion abortions done and of those, 92 minding all of us that Planned Parent- doing this? And why are you pro-life? percent of those abortions were done hood really is Child Abuse, Incor- And I’d just like to summarize it, Mr. during the first 3 months of life. So porated, 329,000, 332,000 the year before Speaker, in that, basically because it’s what that means is that there are abor- that of innocent children decimated, a child, not a choice. We see those tions, and it would average out to killed in their clinics. bumper stickers around and we don’t about 138 an hour, I figured up, two for I would like to now yield to the gen- think about them very much. But the minute that I’m talking here, tleman from New Mexico, Mr. STEVAN those words and that reality certainly where abortions are taking place on ba- PEARCE, who is back to us having has meaning for me because words bies that can hear, that have a beating served in the House. He came back matter. heart, that have brain waves going, and after a different run. I was in sixth grade when the Roe vs. that have vocal cords. He is a stalwart for life and a great Wade decision came down, and I re- It is about a child. This is not about friend of the unborn. member hearing a little bit about it, a choice. And I commend all the people but not thinking too much about it. I who came here today to Washington to b 2100 was just busy being a 12-year old kid. speak out on behalf of life. And with Mr. PEARCE. Thanks to the gen- But I remember one day in the hallway them, I celebrate, and look forward to tleman from New Jersey for leading at school when a girl stopped me and the day when all Americans are grant- this issue. The value of a Nation is said something about well, what do you ed the right to life, whether they’re measured in its willingness to speak think about abortion? What do you born or unborn. for the most fragile among us. think? And I said, well, I don’t know. So thank you, Mr. Speaker, for hav- In the United States, it is punishable And she said, well, do you think a ing us today. by 5 years in jail and a $250,000 fine to woman should have a right to do with Mr. SMITH of New Jersey. Thank destroy an eagle egg, an embryo. If you her body whatever she wants, and the you. destroy a human embryo, it is not only government shouldn’t tell her what to I would like to yield to the gen- fully legal, but it is federally sanc- do? And I said, well, yeah. And she said tleman from Nebraska, JEFF FORTEN- tioned. The Nation needs to pause and well, you’re pro-choice. And I said oh, BERRY, who is the prime sponsor of the

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.046 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H107 Respect for Rights of Conscience Act very anxious and nervous. And these and sometimes even partially financed and has combated abortions both at people who were witnessing there by your tax dollars. home as well as in foreign nations. walked up and asked if they could be of Let us look no further than last year Mr. FORTENBERRY. I thank the assistance. The woman who was with in my home State of Pennsylvania, in gentleman, my good friend from New him who was going in for an abortion a neighborhood outside west Philadel- Jersey, for the time and for his coura- had three children. She was unsure phia, an abortion mill that was in oper- geous leadership on this, a central that she could care for a fourth child. ation for over four decades, 40 years, American issue of justice. In fact, she didn’t know where her next was illegally delivering and killing Mr. Speaker, let me say this first. meal was coming from. newborns in a so-called abortion proce- What a day this has been. I spent the They talked a bit. The couple decided dure. For years, the procedures he per- morning with a group of young Nebras- to seek these nice people’s help, who formed on women who came into the kans who had traveled all this way to had provided a little bit of assistance, clinic was responsible for several participate in the March for Life. And comfort, and care for them. And now 9 deaths and severely injuring scores they came here to express one similar months later because of that act of more. purpose, one truth: that all life is wor- compassion, there is a baby named For political reasons, even outlined thy of protection. All life should be David. in the grand jury report, the Pennsyl- loved and nurtured. We should be big enough and loving vania Department of Health refused to These young people are saying that enough as a country to help people get inspect the abortion facilities. These we should be big enough, caring through no matter how tough the cir- abortion mills ran rampant and un- enough, loving enough as a Nation to cumstances. checked. see to it that all mothers and their un- It is that courageous woman who So for those who argue that this le- born children are provided for. And made the decision to keep her child galized murder is for the woman’s these young people are saying that we that gives me strength to stand on this health, I ask you where is the justice should make the great woundedness of floor to defend our shared convictions for those women? Where is the justice the Roe vs. Wade decision a thing of and fight to see the day when the for the unborn at that facility? There the past. scales are lifted from our Nation’s eyes is no justice in abortion for anyone. Now, Mr. Speaker, it’s important to and we declare the unborn worthy of Yet you look to the White House, and note that in the same year when Roe protection under the 14th Amendment. we have a President who states, ‘‘As we vs. Wade was errantly decided by the Before I conclude and yield back to remember this historic anniversary, we Supreme Court, stripping unborn chil- my good friend from New Jersey, I’d must also continue our efforts to en- dren of their dignity and right to life, also like to say a word of thanks, Mr. sure that our daughters have the same that Congress came together and en- Speaker, to all of the women who are rights, freedoms, and opportunities as acted a very important law called the saying they will be silent no more, pro- our sons to fulfill their dreams.’’ Endangered Species Act. This was a viding the most powerful example of Mr. Speaker, surely the President very significant piece of legislation to women who have been wounded by recognized he’s wrong. Abortion is not ensure that the majesty and wonder of abortion but now who are speaking out the way to allow our daughters to ful- nature’s creations were rightly pro- against the abortion industry in saying fill their dreams. In America, every- tected. I believe the responsible stewardship we can do better as a Nation. one, regardless of color or gender, has of our environment is an essential Mr. SMITH of New Jersey. Thank the same rights and freedoms and op- cause, but there is a certain irony here. you so much for your powerful state- portunities to fulfill their dreams. Ev- The life of a child should be of no less ment. eryone except the unborn. value than any other creature on I’d like to now yield to G.T. Thomp- Mr. Speaker, surely the President earth. And in 2010, with my support, we son, a good friend and colleague from knows that we will never know the passed a bill prohibiting the interstate Pennsylvania who has spoken out so dreams of the countless unborn daugh- commerce of videos that were depict- eloquently time and again on behalf of ters that are not with us today because ing the torture of vulnerable animals. the sanctity of life. of the pro-abortion policies this admin- Yet, in that same year, we could not Mr. THOMPSON of Pennsylvania. I istration enforces. move a bill forward that prohibited thank my good friend from New Jersey Mr. Speaker, I stand with my col- interstate abortions of vulnerable chil- for yielding and for hosting this Spe- leagues tonight to say that enough is dren and minors without parental pro- cial Order about moral truth, that the enough. How many more Roe v. Wade tection. There is a grave inconsistency right to life is a fundamental right, and anniversaries must we endure until jus- in these walls. frankly a Nation that kills its next tice is done and this decision is over- But, Mr. Speaker, I don’t know if you generation is not a moral Nation. turned? had a chance to look out on the Na- It’s been 39 years since the infamous I thank my good friend from New tional Mall today. But the hundreds of Roe v. Wade decision, and for the 39th Jersey. thousands of young people out there time, the American people have Mr. SMITH of New Jersey. I thank braving both the bite of cold and wind, marched in Washington, D.C., in the my good friend. Again, a very, very who understand the principle for which March for Life to show Congress that powerful statement. they marched, were saying this. These they remain opposed to this decision. I’d like to yield to ALAN NUNNELEE young people know that abortion hurts This year, the cold and driving rain from Mississippi. I thank him for being women. These young people are saying couldn’t dampen the resolve of the here this evening. women deserve better. And they know hundreds of thousands that turned out Mr. NUNNELEE. I want to thank the that abortion is so often the result of a again. Their message was simple: stop gentleman from New Jersey for your tragic circumstance of abandonment, abortion. leadership. Thank you for yielding. an unsupportive family or, worse yet, a The act of murdering an unborn child Our Nation’s Founders expressed in coercive boyfriend or unscrupulous has no place in this country. For a ju- our Declaration of Independence that doctor, and they are saying that we can dicial system that is taking great all individuals are endowed by their do better as a country. lengths to try and ensure justice and creator with certain unalienable fairness in the court of law, where is rights, and that among these are the b 2110 the justice here? Mr. Speaker, I’ll ask right to life. Yet, since January 22, Mr. Speaker, I recently received a you again, where is the justice for the 1973, over 50 million Americans have newsletter in my mailbox at home, and unborn? The answer is simple. There is been denied that very basic right to it described some people who were none. life. Their unborn voices call from si- standing in front of an abortion clinic But still Roe v. Wade and the subse- lent graves, asking America to change legally, peacefully providing witness to quent left-wing pro-choice groups have our ways. alternatives to abortion. pushed the envelope so that now this There’s another group who suffers in A car pulled up in the driveway. The legalized murder of the unborn is prev- silence: our mothers, our wives, our car hesitated. The man driving was alent across the country, accessible, daughters, and our sisters. Those who

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.048 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H108 CONGRESSIONAL RECORD — HOUSE January 23, 2012 have been exploited as victims of a Norwich and from Garden Plain, and that generations ahead of us will look multibillion dollar industry that prof- from our high schools and colleges in back at this time and say, I am so glad its on their grief. Kansas who came today to stand for that the Nation finally chose life. On this, the 39th anniversary of that life and to say that this movement will Mr. SMITH of New Jersey. I yield to decision, we rededicate our decision to continue, that we are winning, that the gentleman from Illinois (Mr. stand for life. The measure of a society after 39 years we can now say that HULTGREN). is how it treats its most vulnerable of America understands that this is not Mr. HULTGREN. Henry Hyde was a its citizens. For far too many unborn about choice but about protecting personal friend and mentor of mine. He children, our Nation has abandoned those lives. first helped restrict abortion funding that protection. To see those young faces and those just 3 years after Roe v. Wade. Today, Now, there are those who say that young smiles was a glorious thing. I Planned Parenthood receives over 363 since the Supreme Court has declared want to thank them for coming to million tax dollars a year. We’re giving it, it must be right. This is the same Washington, D.C., to be part of this 1 million tax dollars a day to an orga- Supreme Court that looked at Mr. Dred today, and with them and with our con- nization in desperate need of oversight. Scott and said, ‘‘Mr. Scott, in the eyes tinued effort we can do the right thing If he were here today, I think Henry of the law, you’re not a man, but chat- and protect every human life. Hyde would be shocked and appalled at tel.’’ The legal equivalent of a cow. The the abhorring conditions of fraud, over- b 2120 Supreme Court was wrong in 1857, and billing, and the general lack of trans- it was wrong in 1973. Mr. SMITH of New Jersey. I yield to parency found at Planned Parenthood We will answer to a higher law, a law the gentleman from Oklahoma, Mr. and at other abortion clinics across the higher than we debate in this hallowed JAMES LANKFORD. country. We must win this fight for life. It’s Chamber, a law higher than is dis- Mr. LANKFORD. Mr. Speaker, I re- the only way that we can literally win cussed across the street in the Supreme cently read about a couple who found our future. Court. And that law says: out there was a problem in their pregnancy, that their child had not devel- Mr. SMITH of New Jersey. I now For You formed my inward parts; You yield to the gentleman from Michigan wove me in my mother’s womb. I will give oped all four sections of its heart. So, (Mr. HUIZENGA). thanks to You, for I am fearfully and won- at 23 weeks, they did a surgery where Mr. HUIZENGA of Michigan. I, too, derfully made. My frame was not hidden they reached in with a needle into the want to rise today in recognition of from You, when I was made in secret, and womb. They used a balloon technique skillfully wrought in the depths of the this 39th year since this decision has to be able to open up the fourth cham- come down from the Supreme Court, Earth; Your eyes have seen my unformed ber of the heart of that child. At 23 substance; and in Your book were all written and it is something that has affected the days that were ordained for me when as weeks, the family could gather around my family, my life. I think we have all yet there was not one of them. and see the video and celebrate this in- known somebody who has had an abor- Mr. Speaker, I echo the prophet of credible scientific act of medical brav- tion, whether she felt forced into it or old: ery, and then the family celebrated whether she made that choice. Every something wonderful that had hap- This day I call on heaven and earth as wit- single one of them, I know, has regret- nesses against you, that I have set before pened. They had protected the life of a ted that. you life and death, blessings and curses. Now child. They reached into a beating This issue of life became very per- choose life, so that you and your children heart, still in the womb at 23 weeks, sonal for my wife and me as we had to might live. and saved that child. move forward through troubled preg- This night we choose life. The frightening part is, across town, nancies and after losing quite a few Mr. SMITH of New Jersey. I thank a different mother at 23 weeks of preg- pregnancies, struggling with that the gentleman from Mississippi. nancy, which is before viability in whole notion of ‘‘what is life?’’ and of I yield to the gentleman from Kansas many States, could go to a different ‘‘what does that mean to have that life (Mr. POMPEO). doctor, who could reach into that growing in you?’’ We firmly came down Mr. POMPEO. Mr. Speaker, we often womb and pull that child apart limb by on the side of this being a gift from come to the podium to talk about a bill limb. The family wouldn’t stand and God, that creation that happens. That’s or piece of legislation. Today I have celebrate nor would we look at the something that we want to protect. the great privilege to stand in support video and say that’s beautiful, like we I can tell you that the hardworking of protecting every human life. did with the other surgery. taxpayers don’t expect their dollars to In Kansas is a place that has marked Yet, in the cognitive dissidence of go towards procedures such as this and a great piece in the history of the pro- our Nation, we celebrate one mother, that it’s something that this House has life movement. In the early 1990s, the and we protect the other one simulta- continued to fight for. I hold this issue Summer of Mercy was held in Kansas. neously. It is unmistakable to look in very dear, and my wife, who now serves A huge step forward in people speaking that womb and see a life for both of on the board of a crisis pregnancy cen- out about the tragedy that is abortion. them. Understand, this is a child in ter back in west Michigan, also holds I, personally, a couple years later had both instances, and they must stand to that very near and dear. I will continue the privilege of working doing some re- be protected. to fight for that sanctity of life and for search for a woman named Mary Ann It is a difficult thing for the Presi- that dignity of life at the beginning as well as at the end as long as we’re here Glendon, who became the ambassador dent to say today that we must reduce the need for abortion. There is only one in Congress. of the Vatican, who taught me about Mr. SMITH of New Jersey. In conclu- need to reduce the need for abortion: how this movement can work, and how sion, tomorrow night, the President that is if the President understands the we can begin to eradicate this plague will call for a return to American val- that sits on top of America after still same thing that we do, that it’s a life. ues in his State of the Union message. 39 years. He would not stand and say we need to Mr. President, the violent destruc- For me, too, it’s personal. I have a reduce the need for some skin tissue or tion of the child in the womb, of the nephew and a niece that, but for a some mole on your arm. If it were only killing of babies and of the wounding of pregnancy crisis center in Wichita, tissue, there is no need to try to reduce their moms is not an American value. Kansas, would not be my niece of 6, the need, but he understands we do Mr. Speaker, I yield back the balance Emily, and my nephew of 10, James. need to reduce the need. As the Presi- of my time. Two brave women who made the right dent stated today, this is not pro- f decision. tecting the dreams of our daughters; Today was an incredible privilege. I this is protecting the daughters that THE MARCELLUS SHALE CAUCUS: got to stand at the Mall and look out will never be and the nightmare guilt THE POTENTIAL OF NATURAL at hundreds of thousands of folks, in- that is on so many women who have GAS DEVELOPMENT cluding enormous groups of young peo- gone through an abortion. The SPEAKER pro tempore. Under ple who came from Kansas on buses of We must stand for life. I look forward the Speaker’s announced policy of Jan- 25-hour rides from Clearwater and from to the day. I look forward to the day uary 5, 2011, the gentleman from New

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.049 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H109 York (Mr. REED) is recognized for 30 Mr. Speaker, and to those who may be I don’t think I have to speak long or minutes. tuning in and watching this conversa- hard to the American people or to you, Mr. REED. Thank you very much, tion, because there has been a lot of Mr. Speaker, to explain what impact Mr. Speaker. discussion about the potential threat that would have on our national secu- I rise today with a few of my col- to our aquifers and to our water sup- rity. If we can establish an energy sup- leagues to talk about an issue that, I plies as a result of hydrofracking and ply such that is estimated to be under think, could be a game-changer for the natural gas development out of the our own ground in natural gas and oil, United States of America, which is the shale and tight sand formations. For we will not be sending millions of bil- natural gas development potential that the record, I would just like to quote lions, if not trillions of dollars, to peo- we find in the shale formations some of our leading environmental ple in the Middle East who have pub- throughout the United States. government officials in America: licly declared that we are enemy num- I have been privileged to cofound the ‘‘When it comes to natural gas devel- ber one. I think this is good public pol- Marcellus Shale Caucus here in the opment, the key is to make sure that icy to promote. U.S. House of Representatives with my we say, ’Engineers, make sure we do it On the indirect benefits, I just want colleague from Pennsylvania, MARK safely, without harming water sup- to highlight three examples of people CRITZ, who will be joining us shortly. plies,’ and I think we’re well on the that are benefiting from this from my The purpose of the caucus is to come at way. On chemicals, we don’t have data district. this issue from an objective, scientific, that shows those chemicals showing up Now in New York in the 29th Con- database point of view in order to talk in someone’s well. Over time, that may gressional District, we have not had about the pros and cons of natural gas not be a true statement. Unless there’s any development in the Marcellus development in America and, in par- a problem with well construction, shale on a recent basis because of the ticular, of the Marcellus shale forma- hydrofracking chemicals shouldn’t end moratorium in the Department of En- tion, which is located in my district of up in aquifers,’’ Lisa Jackson, head of vironmental Conservation on the State western New York, throughout Penn- the EPA for the United States of Amer- level coming up with the regulations to sylvania, and in other areas of the ica, October 14, 2011. ensure that this is done safely and re- Northeast. ‘‘I’m not aware of any proven case sponsibly. But I have the privilege of One of the things we wanted to high- where the fracking process, itself, has representing a district that’s just adja- light today is the indirect benefits that affected water, although there are in- cent to the northern tier of Pennsyl- natural gas development will have on vestigations ongoing,’’ Lisa Jackson, vania, adjacent to my good friend, GT THOMPSON of Pennsylvania, who will our country and probably most impor- Director of the Environmental Protec- speak shortly, where we have had a tantly from an economic point of view tion Agency for the United States of spillover effect of economic oppor- at this time when we face in our Na- America, May 24, 2011. tion’s history some of the most endur- tunity to the district. ing and high levels of unemployment b 2130 I could talk to you about Dalrymple we have ever seen. You know, these are comments com- Holdings, it’s a long, family-held com- What we are fundamentally talking ing from our EPA Director, but then pany right outside of my hometown of about are jobs, not only the jobs re- there’s comments like, ‘‘With respect Corning, New York, that has been in- lated to extracting the natural gas, to hydraulic (fracturing), because it oc- volved in highway infrastructure con- itself, and laying the pipeline to trans- curs so far underground, we don’t know struction in Chemung County for years port that natural gas to its markets, any examples of (contamination) on and counties surrounding it. But now but the jobs that come as a result of public lands. But it demonstrates the they’ve expanded beyond. The business the indirect benefits of that natural importance of ensuring we have has seen a tangible impact from the de- gas production. What I and my col- wellbore integrity up and down the en- velopment across the border. Mr. Dalrymple has reported to me leagues are, hopefully, going to talk tire wellbore.’’ That’s our Interior Sec- that he has undertaken contracts for about tonight are things like the bene- retary, Kenneth Salazar, testifying to total construction of 65 miles of rural fits to the public local municipalities the House Natural Resources Com- roads, a value over $22 million of road with regard to the tax base, road con- mittee on November 16, 2011. construction being fully funded by pri- struction and the improvements of the I read these quotes to tell the Amer- vate investment. Let me stress that ican people and to tell you, Mr. Speak- road structures that are located within again, Mr. Speaker, $22 million of pri- er, that the concern about the environ- the areas upon which natural gas de- vate dollars going into road construc- mental impacts to our aquifers, though velopment is occurring as a result of tion upon which Mr. Dalrymple and his legitimate, I think have been fully vet- the shale formations. company have benefited. Through these conversations, I think ted and have had a long, serious, sci- Now, it’s not just Mr. Dalrymple. I that we will be able to establish that entific review and approach in deter- know this man, he’s a good man, and in the benefits of extracting natural gas mining that risk is not what many peo- that $22 million worth of additional in- in America will be that game-changing ple in America are making it out to be. vestment in his company and in the event when it comes to domestic sup- And again I reiterate my position on projects that it represents, he has been plies of energy that come from Amer- this matter, that we need to look at able to create and hire over 60 new men ican sources—an event we have never this resource through the economic op- and women averaging $40 per hour to seen before in our lifetimes or poten- portunity that it represents to us in his business to fulfill those contracts. tially in the lifetimes of our children. our districts, in our homes, but to us as Those are 60 families that now benefit So I would like to preface this entire a Nation. directly as a result of this development conversation by laying some prelimi- And we have to look at this economic occurring in the northern tier of Penn- nary remarks based upon some con- opportunity and this natural resource sylvania. cerns that have been raised as to nat- potential based on making sure that it Mr. Speaker, Mr. Dalrymple and I ural gas development in America. is done in a safe and reliable way, but share a common background in the I travel my district. I go to many we also have to look at it from a third sense of he’s a small business owner, I town hall meetings and get out in front point of view, and that is the national was a small business owner before I of the people. At times, this issue can security implications of tapping this came here to Congress. And I could tell become sensitive in the sense of the en- domestic supply of energy. Natural gas you there is nothing, nothing like vironmental concerns that are raised. I and oils are now being found all looking at a man or a woman when you have always taken the position that throughout America. They are also hire them and bring them into your this issue should only be dealt with being found right here in the United business, and you put them to work. when we can establish that natural gas States of America in the shale forma- When you have sat in that position, exploration and development in Amer- tion such as the Marcellus shale, the you know when you look at that person ica can be done in a safe, clean, respon- Utica shale formation, and also the you’re not just benefiting that person, sible manner. That’s why, tonight, I tight sands formations that exist here that person becomes part of your fam- am going to read some quotes to you, in our Nation. ily as a small business owner, and

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.052 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H110 CONGRESSIONAL RECORD — HOUSE January 23, 2012 you’re taking care of him or her, but with, and traffic is always a concern Let me talk about some of the bene- you’re also taking care of his family, that is raised, he said I’d much rather fits because that’s what we’re here to his children by putting food on their see traffic lines in my home county focus on. And I want to start with a big table, by providing extra dollars for than unemployment lines. And I, when one, and that’s energy security. their children and their education. I heard that line, I said, Doug, that is Marcellus shale is taking that large That is the American ideal. That’s the exactly what we’re talking about. As a valve that controls us, all that oil that American Dream, just to give someone commissioner of Bradford County, you we buy from the Middle East, and we’re the opportunity to go to work to take nailed it right on the head, and that we going to be able to shut that thing off care of their families. are talking about creating traffic lines because of energy security, moving to- And I also will bring to the record to- of economic opportunity and develop- wards energy independence that nat- night a story of our local dry cleaning ment for generations of Americans ural gas is going to allow this country company. I could not believe it, Mr. rather than compounding and growing to have. That’s something, whether Speaker. I went over to pick up the unemployment lines. you’re in an area that’s blessed with family dry cleaning, and I was talking b 2140 natural gas or not, every citizen in this to Rick over in Painted Post, New country should hope and pray and give And so we will come at this issue of York, just adjacent to my hometown of thanks for the fact that we will move making sure that it is a clean and safe Corning. And he said, TOM, come back ourselves in the direction of being en- resource that is developed, but let us here, I want to show you something. ergy secure, and that natural gas is focus and join hands in bringing this And we went into his back room and going to contribute to that signifi- he showed me piles of uniforms that opportunity for America forward. My colleague from Pennsylvania has cantly. were used by industrial workers, by the I want to put that out there. It is the joined us. Mr. THOMPSON, if you would workers on the fields in the northern like to comment, I yield to you. first benefit that absolutely every tier of Pennsylvania. He related to me Mr. THOMPSON of Pennsylvania. American, I don’t care where they live that he was adding an additional $5,000- Thank you for leading this Special in this country, is benefiting from nat- plus revenue to his business coffers Order on natural gas and its benefits. ural gas. every month. He talked about how he And thanks for your leadership on the Secondly, it really is jobs. I know was able to give bonuses to his employ- Marcellus Shale Caucus. With natural that is localized to where the jobs ees because of that new opportunity. gas, everybody wins. I am very proud occur. I happen to live in an area that He was another small business owner to be a member of the Marcellus Shale has benefited significantly. I represent that knew what it was to take care of Natural Gas Caucus. And I appreciate a very rural part of Pennsylvania, and not only his employees, but their fami- Mr. REED, my good friend from just we’ve had our difficult times. We have lies and to have them share in the re- north of me in New York, acknowl- lost industries. But where we have nat- wards of the hard work that they put edging that good stewardship and good ural gas, we are growing jobs. together in that dry cleaning oper- science is important. And we have both Let me just give a couple of exam- ation. when it comes to natural gas. This is ples. In Tioga County there is a manu- Mr. Speaker, I would be remiss if we not 50, 60 years ago when we were ex- facturer. Actually, it’s an inter- don’t talk a little bit about the public tracting coal. This is 2012, where we national company. And the inter- benefits that have been brought to my have and we benefit from great science, national company, the parent com- attention. You know, I look to our and we know that we have a responsi- pany, is looking to expand a plant. county executive in Chemung County, bility to be good stewards of the envi- Guess where they’re looking to? adjacent to my home county of Steu- ronment. I appreciate that acknowl- They’re looking to Pennsylvania. And ben County, and I see that his county, edgment. they’re looking to Tioga County. And a a small geographical county, mind you, I represent Pennsylvania’s Fifth Con- big part of that is manufacturing, a is leading New York State in sales tax gressional District. There are 17 coun- key feedstock ingredient, whether used growth. He’s leading New York State ties that I serve, and that’s 22 percent for heating, processing, or an ingre- in hotel tax revenue increases—a small of the land mass of Pennsylvania. Mr. dient, is natural gas. And the price of county leading the great Empire State Speaker, 15 of my 17 counties have natural gas being delivered domesti- of New York by what is going on in the Marcellus shale, and I give thanks for cally, how it is available, so plentiful northern tier of Pennsylvania. many blessings that God has provided and so cheap right now, they want to And I would be remiss if I didn’t tell me in my life, and I thank God for the build and expand the plant right there you the story when I spent the day blessings of this natural gas at this in Tioga County. That’s very exciting. down in the northern tier of Pennsyl- time for our country. That’s jobs. vania and met with the commissioners I also benefit from having an institu- As I wander around Tioga County, I of Bradford County and they told me tion like Pennsylvania State Univer- see help wanted signs everywhere. And about the history of their tax sales. sity, Penn State, in my district, and it’s not just in traditional businesses You know these sales, Mr. Speaker, specifically the ag extension part of that you would think of when you these are the sales of people who can- that land grant university that has ex- think of natural gas. It’s all businesses, not pay their real property tax bill, perts that are out in the field helping because the economy is good. The in- lose their property at an auction. everyday citizens with decisions about come is up. The unemployment is way I’ve been to those auctions. I’ve leases, leasing their land, and helping below both State and national averages looked at families that have lost their them with issues related to making in the counties where the natural gas property because they couldn’t pay the sure that it is done in a way that rep- production has really taken off. And tax bill. Well, in Bradford County, I be- resents good stewardship by the com- it’s moving to other counties. lieve in my friend’s district, Mr. panies. In terms of jobs, there’s an entre- THOMPSON, they used to have sales of And here is the part I am most ex- preneur in Elk County who I serve. 100, 150 parcels is my understanding. I cited about: They are also helping This is a gentleman who’s a real smart know we have had them in Steuben them with finding the right kind of businessman. He saw something that County and Chemung County in New counsel for wealth management. That’s these natural gas companies need, and York—and guess how many parcels the kind of problem we like to see our he went out and he created a small went up for tax sale in the last year or citizens have, a need for wealth man- manufacturing business to provide it. two? Essentially zero, maybe one or agement, because there were a lot of He’s creating jobs, really good jobs for two over those 2-year periods. That is a farmers who were going out of busi- people, skilled jobs in order to produce fundamental shift in what is going on ness. But today, they have a new John the supplies that the companies need. in our part of the country, and hope- Deere tractor sitting there, and largely And you know what, that’s good for ev- fully it could be shared across America. that is thanks to Marcellus shale. So erybody. That’s Elk County. And as that one commissioner told it’s going to be good for agriculture, In Centre County, my home county, me as we talked about some of the con- which is good for all of America in there’s a road contractor there. We cerns and issues that have to be dealt terms of food. know that we have a lot of problems

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.053 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H111 with our roads. We’re challenged both gas into more of our communities. My off. It just kind of took the edge off at in the State and Federal budget in hometown doesn’t have natural gas. I the end of the month having to pick terms of money right now. But this would love to be able to heat my home and choose what bill they may be able road contractor is doing great things, with natural gas, and I would like to at to pay that month and which one they as are a lot of small excavating compa- least see what Federal regulations are may have to put off for another 30 nies, in terms of pad preparation and standing in the way of making that days. paving those roads. You talk about our happen. I’m sure there’s something out We’ve all been there. I know growing roads are getting better. The gas com- there that’s a roadblock that we could up in that type of family and when we panies are investing a significant work on. first started in our private sector life, amount of money early on to build The opportunities that we have today my wife and I putting our family busi- roads, rebuild roads that really have in terms of the benefits from natural ness together and struggling. There’s a never been built before. gas are significant. They span a lot of lot of stress at the end of the month. In Pennsylvania we have what’s different areas. I’m sure there are Probably that’s why I lost my hair and called Pinchot roads, named for a things that I haven’t covered. I just maybe why you lost your hair. But it former Governor, that don’t have much want to take this opportunity to thank was amazing to look that one lady in of a base. So in the spring when the you for hosting this forum where we’re the eye who said, I just appreciate the farmers are out there and are running talking about the benefits. These are fact that he doesn’t have to get up at 2, their tractors, they rut up and get really benefits that every American 3 o’clock in the morning anymore, and muddy. They’ve never had a firm base. can experience as a result of accessing we’ve got a little side income that’s Well, today, those Pinchot roads are a resource that God has blessed us going to take care of their kids. being rebuilt really appropriately for with. That conversation you’re not having the first time. And all of that is driven, Mr. REED. I appreciate my colleague in America right now in many places, that’s a secondary benefit of the nat- from Pennsylvania for joining us here but we’re having it in your district. ural gas opportunity. this evening. If I could continue this And not so much in our district in the If you go to Warren County, we’ve conversation with you, I’m sure you’ve sense because we don’t have the nat- got a longtime natural gas producer up done what I have done on numerous ural gas going right now, but we’ve there. It’s a small, independently times. When I have traveled home, up seen the positive impacts like that. owned company. They’ve been in the state Route 15, right through the heart And I don’t know if my colleague has oil and natural gas business I have to of your district on the way home to any similar stories to those two young think for decades. Now today, they’re Corning, just over the Pennsylvania ladies that I refer to. partnering with a very large national border, oftentimes I would take a few Mr. THOMPSON of Pennsylvania. I company, so they’re helping to bring moments and get off the road and kind do. Let me talk about, just out of fair- outside dollars into the Fifth District of go into the local communities there ness and equity, two young men, and of Pennsylvania, and they’re creating as we filled up the car or we got a cup this was actually published in the local more jobs. of coffee. Most of the time I drive with paper. And they were doing a coverage The growth of the hotels, the hotel a staff member who lives in the dis- of the Marcellus shale. And I was very industry, is just booming, and those trict, and I’d say: Let’s go off road a impressed with this article because it hospitality jobs are great jobs. In Clin- couple of miles and see what’s going was two young men who had just grad- ton County, closer to my hometown, on. I could tell you, every time I have uated from a local high school, actu- we have international companies that pulled into a gas station there, I have ally in Clinton County, not too far off are relocating to rural Pennsylvania. been reminded of the benefits of what over the line from where I live. And International companies relocating this can be to a community in that the they had decided they were going to go and creating a significant amount of parking lots are full. I had to wait in for a little technical training. They jobs. It’s a very exciting opportunity line to fill up the car because there’s a were going to go to a community col- that we’re blessed with today. lot of trucks. There’s a lot of workers. lege setting, get a certificate program, I want to talk about heating costs, There are a lot of folks coming and basically for driving a truck. And they another benefit. This was two winters going out of those convenient marts. did that, and then they secured jobs ago when the Marcellus was just start- with someone who I assume was haul- 2150 ing to take off. You know, today, nat- b ing sand or hauling water for the ural gas prices are somewhere in the And some of the most compelling sto- Marcellus operations around the area. neighborhood of about $2.60 for 1,000 ries I had, I can remember two vividly, These young men I have no doubts are cubic feet. Just 3 or 4 years ago, back coming down the road, pulling off at today, and fairly fresh out of high when we didn’t produce domestic nat- one of these gas stations and one of school, are earning somewhere in the ural gas—we imported it all from other these convenience marts and talking to neighborhood of over $60,000 a year, and countries—natural gas was somewhere the lady behind the counter. And we probably with overtime a little more. from $12 to $13 per 1,000 cubic feet, or did it twice. I can remember vividly That’s a pretty incredible start for a more. And today, it’s like $2.60 per 1,000 saying, what does this mean to you? young person. cubic feet. What’s going on here? What’s causing Because I have to believe that my Two or three winters ago, the utility all this? Kind of playing dumb, obvi- district, the 22 percent of the landmass in Philadelphia, about as far in Penn- ously, I had an idea of what was caus- of Pennsylvania that I serve is prob- sylvania as you can get from where we ing it. But in both circumstances, the ably a lot like your district that our drill natural gas, reported that the response was amazing. Yeah, it’s not number one export for many years has communities in Philadelphia, their the same community. What they would been our young people. We educate home heating costs were at an all-time say is that it wasn’t the same commu- them, and I like to think we do a good low. I would argue this winter, if we nity as when I grew up here, but, boy, job of that, and they go to where look in New York and Pennsylvania everyone seems to be doing well. Ev- there’s opportunity. And there has not and all of the areas where, because of erybody seems to be happy. And one been opportunity in our economies, and natural gas prices today, being domes- lady, she expressed the conversation our areas have been somewhat de- tically produced, those citizens who because she was working a side job and pressed economically for some time. benefit from heating their homes and her husband was a contractor. And she And today, opportunity has returned. cooking with natural gas, their costs in said, my husband used to get up at 2, 3 That is what this has been. a difficult economy are at an all-time o’clock in the morning until this came And there are jobs sitting open now low. That’s something that everybody along, and they were receiving a small of all types. And that’s the exciting can benefit from. check, not a retirement size check as a part. When I hear about people that are In fact, one of the projects that I’m result of this, but a nice, stable source unemployed—and we have had folks trying to work on, I think it is very of additional income coming into their protesting about not having jobs. Well, important, I would like to see how we household. And she looked at me and come to the Fifth District of Pennsyl- get those distribution lines for natural she said, it just kind of takes the edge vania. You don’t have to work in the

VerDate Mar 15 2010 03:22 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.056 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H112 CONGRESSIONAL RECORD — HOUSE January 23, 2012 natural gas industry, because the nat- the week on account of official busi- cy’s final rule — Approval and Promulgation ural gas industry they’ve kind of ness in the district. of Air Quality Implementation Plans; Cali- taken, they’ve been able to recruit Mr. FARR (at the request of Ms. fornia; Determinations of Failure to Attain the One-Hour Ozone Standard [EPA-R09- some really good folks out of other po- PELOSI) for today and the balance of OAR-2011-0638; FRL-9612-8] received Decem- sitions. Some of those have been retail the week on account of health reasons. ber 28, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); positions, service positions and manu- f to the Committee on Energy and Commerce. facturing positions, but now those jobs 4638. A letter from the Director, Regu- are sitting open. And that’s the effect ADJOURNMENT latory Management Division, Environmental that this kind of an economic oppor- Mr. REED. Mr. Speaker, I move that Protection Agency, transmitting the Agen- tunity has. the House do now adjourn. cy’s final rule — Approval and Promulgation Mr. REED. And I so appreciate my The motion was agreed to; accord- of Air Quality Implementation Plans; State of New Jersey; Regional Haze State Imple- colleague, and it is the sentiment, and ingly (at 9 o’clock and 56 minutes I know our time is winding up. But one mentation Plan [EPA-R02-OAR-2011-0607; p.m.), under its previous order, the FRL-9611-2] received December 28, 2011, pur- thing that also touched me. I’ve done a House adjourned until tomorrow, Tues- suant to 5 U.S.C. 801(a)(1)(A); to the Com- few tours in the northern tier of Penn- day, January 24, 2012, at 10 a.m. for mittee on Energy and Commerce. sylvania in your district, and I’ve gone morning-hour debate. 4639. A letter from the Director, Regu- back on my own to go and verify infor- latory Management Division, Environmental mation that has been presented to me. f Protection Agency, transmitting the Agen- And I came back at the last, over the EXECUTIVE COMMUNICATIONS, cy’s final rule — Regulation of Fuels and recess, over the holiday, I came back, ETC. Fuel Additives: 2012 Renewable Fuel Stand- and one thing struck me as I was driv- ards [EPA-HQ-OAR-2010-0133; FRL-9614-4] Under clause 2 of rule XIV, executive (RIN: 2060-AQ76) received December 28, 2011, ing home, and that’s when talking communications were taken from the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- about having the ability to educate Speaker’s table and referred as follows: mittee on Energy and Commerce. their grandchildren and the children 4640. A letter from the Chairman, Council 4630. A letter from the Director, Regu- from these family farms, and I know of the District of Columbia, transmitting latory Management Division, Environmental Transmittal of D.C. ACT 19-269, ‘‘Health Ben- you’ve had those conversations, I’ve Protection Agency, transmitting the Agen- efit Exchange Authority Establishment Act had those conversations, we down here cy’s final rule — Cyhalofop-butyl; Pesticide of 2011’’; to the Committee on Oversight and in Washington have spent billions if Tolerances [EPA-HQ-OPP-2011-0283; FRL- not trillions of dollars of public tax- Government Reform. 9330-1] received December 28, 2011, pursuant 4641. A letter from the Chairman, Council payer money to try to lift people up to 5 U.S.C. 801(a)(1)(A); to the Committee on of the District of Columbia, transmitting out of despair; through the welfare so- Agriculture. Transmittal of D.C. ACT 19-270, ‘‘Presi- ciety, entitlement society we have in- 4631. A letter from the Director, Regu- dential Primary Ballot Access Temporary vested billions, trillions of dollars here. latory Management Division, Environmental Amendment Act of 2012’’; to the Committee And look what happened based on pri- Protection Agency, transmitting the Agen- on Oversight and Government Reform. cy’s final rule — Difenoconazole; Pesticide vate economic opportunity and devel- 4642. A letter from the Chairman, Council Tolerances [EPA-HQ-OPP-2010-0959; FRL- of the District of Columbia, transmitting opment in the northern tier of Penn- 9328-6] received December 28, 2011, pursuant sylvania. You have generations of fam- Transmittal of D.C. ACT 19-271, ‘‘Unemploy- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment Compensation Federally Funded Ex- ilies that are now lifting themselves Agriculture. tended Benefits Maximization Temporary out of poverty and out of conditions 4632. A letter from the Director, Regu- Amendment Act 2012’’; to the Committee on that we are spending billions down latory Management Division, Environmental Oversight and Government Reform. here, they’re doing it on their own, and Protection Agency, transmitting the Agen- 4643. A letter from the Chief, Division of I think it makes them a stronger indi- cy’s final rule — Tepraloxydim; Pesticide Consultation, Recovery, HCP and State vidual in our society and it unites fam- Tolerances [EPA-HQ-OPP-2010-0865; FRL- Grants, Department of the Interior, trans- 9330-2] received December 28, 2011, pursuant mitting the Department’s final rule — En- ilies for generations, and it empowers to 5 U.S.C. 801(a)(1)(A); to the Committee on families for generations to control dangered and Threatened Wildlife and Agriculture. Plants; Reinstatement of Listing Protec- their own destiny. That’s what the 4633. A letter from the General Counsel, tions for the Preble’s Meadow Jumping American Dream is all about. National Credit Union Administration, Mouse [Docket ID: FWS-R6-ES-2011-0062] So I appreciate my colleague joining transmitting the Administration’s final rule (RIN: 1018-AX93) received December 29, 2011, me this evening and having this con- — Golden Parachute and Indemnification pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- versation. And I so appreciate the in- Payments; Technical Correction (RIN: 3133- mittee on Natural Resources. vite coming to your district and your AD73) received December 29, 2011, pursuant 4644. A letter from the Chief, Branch of coming to my district and our con- to 5 U.S.C. 801(a)(1)(A); to the Committee on Permits and Regulations, Division of Migra- Financial Services. tinuing the efforts to educate the tory Bird Management, Department of the 4634. A letter from the General Counsel, Interior, transmitting the Department’s American people on the benefits of nat- National Credit Union Administration, final rule — Migratory Bird Permits; States ural gas development in America, the transmitting the Administration’s final rule Delegated Falconry Permitting Authority; benefits of Marcellus shale and through — Community Development Revolving Loan Technical Corrections to the Regulations the Marcellus Shale Caucus getting the Fund Access for Credit Unions (RIN: 3133- [FWS-R9-MB-2011-0088; 91200-1231-9BPP] (RIN: best science and information out to the AD91) received December 29, 2011, pursuant 1018-AX98) received December 29, 2011, pursu- American people. to 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee With that, I thank my colleague, and Financial Services. on Natural Resources. I yield back the balance of my time. 4635. A letter from the Acting Assistant 4645. A letter from the Biologist, Branch of General Counsel for Regulatory Services, De- Recovery and Delisting, Department of the f partment of Education, transmitting the De- Interior, transmitting the Department’s LEAVE OF ABSENCE partment’s final rule — Family Educational final rule — Endangered and Threatened Rights and Privacy [DOCKET ID: ED-2011- Wildlife and Plants; Removal of the Concho By unanimous consent, leave of ab- OM-0002] (RIN: 1880-AA86) received December Water Snake From the Federal List of En- sence was granted to: 30, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to dangered and Threatened Wildlife and Re- Mr. CULBERSON (at the request of Mr. the Committee on Education and the Work- moval of Designated Critical Habitat [FWS- CANTOR) for today on account of ill- force. R2-ES-2008-0080; 92220-1113-0000-C6] (RIN: 1018- ness. 4636. A letter from the Deputy Assistant AU97) received December 29, 2011, pursuant Mr. LATOURETTE (at the request of Administrator, Office of Diversion Control, to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. CANTOR) for today on account of Department of Justice, transmitting the De- Natural Resources. illness. partment’s final rule — Schedule of Con- 4646. A letter from the Deputy Assistant trolled Substances: Placement of Administrator for Regulatory Programs, Mr. CLYBURN (at the request of Ms. Carisoprodol Into Schedule IV [Docket No.: NMFS, National Oceanic and Atmospheric PELOSI) for today on account of illness. DEA-333] received December 28, 2011, pursu- Administration, transmitting the Adminis- Mr. DAVIS of Illinois (at the request ant to 5 U.S.C. 801(a)(1)(A); to the Committee tration’s final rule — Fisheries of the Carib- of Ms. PELOSI) for today on account of on Energy and Commerce. bean, Gulf of Mexico, and South Atlantic; weather delay. 4637. A letter from the Director, Regu- Reef Fish Fishery of the Gulf of Mexico; Mr. DEFAZIO (at the request of Ms. latory Management Division, Environmental Amendment 26 and Amendment 29 Supple- PELOSI) for today and the balance of Protection Agency, transmitting the Agen- ment [Docket No.: 110606316-1652-02] (RIN:

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JA7.057 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE January 23, 2012 CONGRESSIONAL RECORD — HOUSE H113 0648-BB15) received December 21, 2011, pursu- final rule — Atlantic Highly Migratory Spe- Mr. HASTINGS of Washington: Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee cies; Vessel Monitoring Systems [Docket on Natural Resources. H.R. 3117. A bill to on Natural Resources. No.: 110520295-1659-02] (RIN: 0648-BA64) re- grant the Secretary of the Interior perma- 4647. A letter from the Deputy Assistant ceived December 29, 2011, pursuant to 5 nent authority to authorize States to issue Administrator for Regulatory Programs, U.S.C. 801(a)(1)(A); to the Committee on Nat- electronic duck stamps, and for other pur- NMFS, National Oceanic and Atmospheric ural Resources. poses; with an amendment (Rept. 112–374). Administration, transmitting the Adminis- 4655. A letter from the Special Master, Sep- Referred to the Committee of the Whole tration’s final rule — International Fish- tember 11th Victim Compensation Fund, De- House on the state of the Union. eries; Pacific Tuna Fisheries; Fishing Re- partment of Justice, transmitting the De- f strictions in the Eastern Pacific Ocean partment’s final rule — James Zadroga 9/11 [Docket No.: 110620342-1659-03] (RIN: 0648-B66) Health and Compensation Act of 2010 [Dock- TIME LIMITATION OF REFERRED received December 21, 2011, pursuant to 5 et No.: CIV 151] (RIN: 1105-AB39) received De- BILL U.S.C. 801(a)(1)(A); to the Committee on Nat- cember 21, 2011, pursuant to 5 U.S.C. Pursuant to clause 2 of rule XII the ural Resources. 801(a)(1)(A); to the Committee on the Judici- following action was taken by the 4648. A letter from the Acting Director, Of- ary. fice of Sustainable Fisheries, NMFS, Na- 4656. A letter from the Director, Office of Speaker: tional Oceanic and Atmospheric Administra- Tribal Justice, Department of Justice, trans- [The following action occurred on January 20, tion, transmitting the Administration’s final mitting Department’s final rule — Office of 2012] rule — Fisheries Off West Coast States; the Attorney General; Assumption of Con- H.R. 901. Referral to the Committee on En- Modifications of the West Coast Commercial current Federal Criminal Jurisdiction in ergy and Commerce extended for a period and Recreational Salmon Fisheries; Inseason Certain Areas of Indian Country [Docket ending not later than March 1, 2012. Actions #5 Through #26 [Docket No.: No.: OAG 142; AG Order No. 3314-2011] (RIN: f 100223162-1268-01] (RIN: 0648-XA551) received 1105-AB38] received December 20, 2011, pursu- December 21, 2011, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Natural on the Judiciary. Under clause 2 of rule XII, public Resources. 4657. A letter from the Assistant Secretary bills and resolutions of the following 4649. A letter from the Acting Director, Of- for Employment and Training, Department fice of Sustainable Fisheries, NMFS, Na- titles were introduced and severally re- of Labor, transmitting the Department’s ferred, as follows: tional Oceanic and Atmospheric Administra- final rule — Wage Methodology for the Tem- tion, transmitting the Administration’s final porary Non-Agricultural Employment H-2B By Mr. LOBIONDO: rule — Fisheries of the Exclusive Economic Program; Delay of Effective Date; Impact on H.R. 3797. A bill to amend chapter 178 of Zone Off Alaska; Pacific Ocean Perch in the Prevailing Wage Determinations (RIN: 1205- title 28 of the United States Code to permit Eastern Aleutian District of the Bering Sea AB61) received December 7, 2011, pursuant to during a 4-year period States to enact stat- and Aleutian Islands Management Area 5 U.S.C. 801(a)(1)(A); to the Committee on the utes that exempt from the operation of such [Docket No.: 101126521-0640-02] (RIN: 0648- Judiciary. chapter, lotteries, sweepstakes, and other XA782) received December 21, 2011, pursuant 4658. A letter from the Senior Program An- betting, gambling, or wagering schemes in- to 5 U.S.C. 801(a)(1)(A); to the Committee on alyst, Department of Transportation, trans- volving professional and amateur sports; to Natural Resources. mitting the Department’s final rule — Air- the Committee on the Judiciary. 4650. A letter from the Acting Director, Of- worthiness Directives; Honeywell Inter- By Mr. SCHRADER (for himself, Mr. fice of Sustainable Fisheries, NMFS, Na- national Inc. Turbofan Engines [Docket No.: GALLEGLY, Mr. FARR, and Mr. tional Oceanic and Atmospheric Administra- FAA-2011-1261; Directorate Identifier 2011- DENHAM): H.R. 3798. A bill to provide for a uniform tion, transmitting the Administration’s final NE-38-AD; Amendment 39-16875; AD 2011-24- national standard for the housing and treat- rule — Fisheries of the Exclusive Economic 11] (RIN: 2120-AA64) received December 21, ment of egg-laying hens, and for other pur- Zone Off Alaska; Pollock in Statistical Area 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the poses; to the Committee on Agriculture. 610 in the Gulf of Alaska [Docket No.: Committee on Transportation and Infra- By Mr. LATHAM (for himself, Mr. 101126522-0640-02] (RIN: 0648-XA710) received structure. COLE, Mr. CHABOT, Ms. JENKINS, Mr. December 21, 2011, pursuant to 5 U.S.C. 4659. A letter from the Senior Program An- BONNER, and Mr. NUNES): 801(a)(1)(A); to the Committee on Natural alyst, Department of Transportation, trans- H.R. 3799. A bill to prohibit the disburse- Resources. mitting the Department’s final rule — Air- 4651. A letter from the Deputy Assistant ment of funds for salaries and expenses of worthiness Directives; Bombardier, Inc. Air- Administrator for Regulatory Programs, the offices of Members and committees of planes [Docket No.: FAA-2011-1256; Direc- NMFS, National Oceanic and Atmospheric Congress and to hold the salaries of Members torate Identifier 2011-NM-036-AD; Amend- Administration, transmitting the Adminis- of Congress in escrow if Congress does not ment 39-16874; AD 2011-24-10] (RIN: 2120-AA64) tration’s final rule — Fisheries Off West adopt a concurrent resolution on the budget received December 21, 2011, pursuant to 5 Coast States; Pacific Coast Groundfish Har- on or before May 15 of each year, and for U.S.C. 801(a)(1)(A); to the Committee on vest Specifications and Management Meas- other purposes; to the Committee on House Transportation and Infrastructure. ures for the Remainder of the 2011 Fishery Administration, and in addition to the Com- 4660. A letter from the Chief, Publications [Docket No.: 100804324-1265-02] (RIN: 0648- mittee on Oversight and Government Re- and Regulations, Internal Revenue Service, BA01) received December 29, 2011, pursuant form, for a period to be subsequently deter- transmitting the Service’s final rule — De- to 5 U.S.C. 801(a)(1)(A); to the Committee on mined by the Speaker, in each case for con- termination of Issue Price in the Case of Cer- Natural Resources. sideration of such provisions as fall within tain Debt Instruments Issued for Property 4652. A letter from the Deputy Assistant the jurisdiction of the committee concerned. (Rev. Rul. 2012-2) received December 21, 2011, Administrator for Regulatory Programs, By Mr. MICA (for himself, Mr. RAHALL, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NMFS, National Oceanic and Atmospheric Mr. CAMP, Mr. LEVIN, Mr. PETRI, Mr. mittee on Ways and Means. Administration, transmitting the Adminis- COSTELLO, and Mr. LEWIS of Georgia): tration’s final rule — Fisheries Off West f H.R. 3800. A bill to amend the Internal Rev- Coast States; Highly Migratory Species Fish- enue Code of 1986 to extend the funding and eries; Annual Catch Limits and Account- REPORTS OF COMMITTEES ON expenditure authority of the Airport and ability Measures [Docket No.: 101102552-1319- PUBLIC BILLS AND RESOLUTIONS Airway Trust Fund, to amend title 49, United 02] (RIN: 0648-BA35) received December 21, Under clause 2 of rule XIII, reports of States Code, to extend authorizations for the 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the committees were delivered to the Clerk airport improvement program, and for other Committee on Natural Resources. for printing and reference to the proper purposes; to the Committee on Transpor- 4653. A letter from the Deputy Assistant tation and Infrastructure, and in addition to Administrator for Regulatory Programs, calendar, as follows: the Committee on Ways and Means, for a pe- NMFS, National Oceanic and Atmospheric Mr. CAMP: Committee on Ways and riod to be subsequently determined by the Administration, transmitting the Adminis- Means. H.R. 1173. A bill to repeal the CLASS Speaker, in each case for consideration of tration’s final rule — Fisheries of the Carib- program (Rept. 112–342, Pt. 2). Referred to such provisions as fall within the jurisdic- bean, Gulf of Mexico, and South Atlantic; the Committee of the Whole House on the tion of the committee concerned. Reef Fish Fishery of the Gulf of Mexico; Gag state of the Union. By Ms. GIFFORDS (for herself and Mr. Grouper Closure Measures [Docket No.: Mr. HASTINGS of Washington: Committee FLAKE): 110321211-1289-02] (RIN: 0648-BA94) received on Natural Resources. H.R. 2606. A bill to au- H.R. 3801. A bill to amend the Tariff Act of December 29, 2011, pursuant to 5 U.S.C. thorize the Secretary of the Interior to allow 1930 to clarify the definition of aircraft and 801(a)(1)(A); to the Committee on Natural the construction and operation of natural the offenses penalized under the aviation Resources. gas pipeline facilities in the Gateway Na- smuggling provisions under that Act, and for 4654. A letter from the Acting Deputy As- tional Recreation Area, and for other pur- other purposes; to the Committee on Ways sistant Administrator for Operations, NMFS, poses; with an amendment (Rept. 112–373). and Means, and in addition to the Committee National Oceanic and Atmospheric Adminis- Referred to the Committee of the Whole on Armed Services, for a period to be subse- tration, transmitting the Administration’s House on the State of the Union. quently determined by the Speaker, in each

VerDate Mar 15 2010 04:49 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\L23JA7.000 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H114 CONGRESSIONAL RECORD — HOUSE January 23, 2012 case for consideration of such provisions as other purposes; to the Committee on the Ju- Article I, Section 8 of the United States fall within the jurisdiction of the committee diciary. Constitution concerned. By Mr. MURPHY of Connecticut: By Mr. SCHRADER: By Mr. DUNCAN of South Carolina (for H.R. 3807. A bill to provide for funding of H.R. 3798. himself, Mr. WILSON of South Caro- the Low-Income Home Energy Assistance Congress has the power to enact this legis- lina, and Mr. JORDAN): Program (LIHEAP) with a dedicated revenue lation pursuant to the following: H.R. 3802. A bill to require an abortion pro- source consisting of a tax on offshore oil pro- Congress has the authority to act under vider, before performing an abortion, to wait duction; to the Committee on Ways and Article I, § 8, clause 3—the Commerce Clause. for a period of at least 24 hours; to the Com- Means, and in addition to the Committees on By Mr. LATHAM: mittee on Energy and Commerce. Energy and Commerce, and Education and H.R. 3799. By Mr. FRANKS of Arizona (for him- the Workforce, for a period to be subse- Congress has the power to enact this legis- self, Mr. AKIN, Mr. GOHMERT, Mr. quently determined by the Speaker, in each lation pursuant to the following: FLEMING, Mr. WALBERG, Mr. case for consideration of such provisions as Article 1, Sections 6 and 9 of the Constitu- HUELSKAMP, Mr. PITTS, Mr. LAMBORN, fall within the jurisdiction of the committee tion of the United States. Mr. SMITH of Texas, Mr. KINGSTON, concerned. By Mr. MICA: Mr. SMITH of New Jersey, Mr. By Mrs. MYRICK (for herself, Mr. H.R. 3800. SOUTHERLAND, Mrs. SCHMIDT, Mr. COBLE, and Mr. MCINTYRE): Congress has the power to enact this legis- ADERHOLT, Mr. HARRIS, Mr. BUCSHON, H.R. 3808. A bill to amend the Immigration lation pursuant to the following: Mr. PENCE, Mr. HULTGREN, Mr. BOU- and Nationality Act with respect to deten- Article I, Section 8 of the United States STANY, Mr. ROGERS of Alabama, Mr. tion of unlawfully present aliens who are ap- Constitution, specifically Clause 1, Clause 3, MANZULLO, Mr. ROSS of Florida, Mrs. prehended for driving while intoxicated, and and Clause 18. HARTZLER, Mr. FORTENBERRY, Mr. for other purposes; to the Committee on the By Ms. GIFFORDS: HERGER, Mr. CANSECO, Mr. LANKFORD, Judiciary. H.R. 3801. Mrs. LUMMIS, Mr. AUSTIN SCOTT of By Mr. PALLONE: Congress has the power to enact this legis- Georgia, Mr. ROE of Tennessee, Mr. H.R. 3809. A bill to amend title 28 of the lation pursuant to the following: NUNNELEE, Mr. MARCHANT, Mr. United States Code to exclude the State of Article I, Section 8 of the United States HUIZENGA of Michigan, Mr. MURPHY New Jersey from the prohibition on profes- Constitution of Pennsylvania, Mr. JONES, Mr. sional and amateur sports gambling to the By Mr. DUNCAN of South Carolina: LANDRY, Mr. BACHUS, Mr. ROGERS of extent approved by the legislature of the H.R. 3802. Kentucky, Mrs. ROBY, Mr. MCKINLEY, State; to the Committee on the Judiciary. Congress has the power to enact this legis- Mr. LIPINSKI, Mr. KELLY, Mr. GOWDY, By Mr. PETRI: lation pursuant to the following: Mr. JORDAN, Mrs. BACHMANN, Mrs. H.R. 3810. A bill to amend title 23, United Amendment V. Section 1—the ‘‘Due Proc- ELLMERS, Mr. AMASH, Mr. ISSA, Mr. States Code, to modify a provision relating ess’’ clause protects any life from being SCHWEIKERT, and Mr. SCALISE): to minimum penalties for repeat offenders taken without due process of law; this legis- H.R. 3803. A bill to amend title 18, United for driving while intoxicated or driving lation provides unborn citizens a modicum of States Code, to protect pain-capable unborn under the influence, and for other purposes; due process. children in the District of Columbia, and for to the Committee on Transportation and In- By Mr. FRANKS of Arizona: other purposes; to the Committee on the Ju- frastructure. H.R. 3803. diciary, and in addition to the Committee on By Ms. WILSON of Florida (for herself, Congress has the power to enact this legis- Oversight and Government Reform, for a pe- Ms. BASS of California, Mr. BERMAN, lation pursuant to the following: riod to be subsequently determined by the Mr. BISHOP of Georgia, Ms. BROWN of The District of Columbia Pain-Capable Un- Speaker, in each case for consideration of Florida, Mr. BUTTERFIELD, Mr. CAPU- born Child Protection Act is introduced pur- such provisions as fall within the jurisdic- ANO, Mr. CARSON of Indiana, Ms. CAS- suant to Article I, Section 8, clause 17: ‘‘The tion of the committee concerned. TOR of Florida, Mrs. CHRISTENSEN, Congress shall have Power . . . to exercise By Mr. HUELSKAMP: Ms. CHU, Mr. CICILLINE, Mr. CLARKE exclusive legislation in all Cases whatsoever, H.R. 3804. A bill to permanently extend tax of Michigan, Ms. CLARKE of New over such District (not exceeding ten miles relief and repeal certain tax increases; to the York, Mr. CLAY, Mr. CLEAVER, Mr. square) as may, by cession of the particular Committee on Ways and Means, and in addi- CLYBURN, Mr. CONYERS, Mr. CUM- states, and the Acceptance of Congress, be- tion to the Committees on Education and MINGS, Mr. DAVIS of Illinois, Ms. come the seat of government of the United the Workforce, and Energy and Commerce, EDWARDS, Mr. ELLISON, Mr. FATTAH, States. for a period to be subsequently determined Ms. FUDGE, Mr. AL GREEN of Texas, By Mr. HUELSKAMP: by the Speaker, in each case for consider- Mr. GRIJALVA, Mr. HASTINGS of Flor- H.R. 3804. ation of such provisions as fall within the ju- Congress has the power to enact this legis- ida, Ms. JACKSON LEE of Texas, Mr. risdiction of the committee concerned. lation pursuant to the following: JACKSON of Illinois, Ms. EDDIE BER- By Mr. JORDAN (for himself, Mr. AKIN, Clause 1 of Section 8 of Article I of the NICE JOHNSON of Texas, Mr. JOHNSON Mr. AUSTRIA, Mrs. BACHMANN, Mr. United States Constitution and Amendment of Georgia, Mr. KEATING, Ms. LEE of BARTLETT, Mrs. BLACK, Mrs. BLACK- XVI of the United States Constitution. California, Mr. LEWIS of Georgia, Mr. BURN, Mr. BOUSTANY, Mr. BRADY of Clause 1 of Section 7 of Article I of the MCGOVERN, Mr. MEEKS, Ms. MOORE, Texas, Mr. BURTON of Indiana, Mr. United States Constitution, all bills for rais- Ms. NORTON, Mr. PAYNE, Mr. RANGEL, CALVERT, Mr. CANSECO, Mr. DUNCAN ing revenue shall originate in the House of Ms. RICHARDSON, Mr. RICHMOND, Mr. of South Carolina, Mr. DUNCAN of Representatives. RUSH, Ms. SCHAKOWSKY, Mr. DAVID Tennessee, Mr. FLORES, Mr. FORBES, By Mr. JORDAN: SCOTT of Georgia, Mr. SCOTT of Vir- Mr. FRANKS of Arizona, Mr. GARRETT, H.R. 3805. ginia, Ms. SEWELL, Mr. THOMPSON of Mr. HALL, Mr. HERGER, Mr. HUIZENGA Congress has the power to enact this legis- Mississippi, Mr. TOWNS, Ms. WATERS, of Michigan, Mr. HULTGREN, Mr. lation pursuant to the following: and Mr. WATT): Clause 3 of section 8 of article 1: To regu- JOHNSON of Ohio, Mr. JONES, Mr. H. Res. 521. A resolution expressing the late Commerce with foreign Nations, and KELLY, Mr. KING of Iowa, Mr. KLINE, sense of the House of Representatives that among the several States, and with the In- Mr. LIPINSKI, Mr. LONG, Mr. MAN- the United States should work with the Gov- dian tribes ZULLO, Mr. MARCHANT, Mr. MCCOT- ernment of Haiti to address gender-based vi- Section 1 of the Fourteenth Amendment: TER, Mr. MURPHY of Pennsylvania, olence against women and children; to the No State shall make or enforce any law Mr. NEUGEBAUER, Mr. NUNNELEE, Mr. Committee on Foreign Affairs. ROE of Tennessee, Mr. ROGERS of Ala- which shall abridge the privileges or immu- bama, Mr. ROSS of Florida, Mrs. f nities of citizens of the United States; nor SCHMIDT, Mr. SMITH of New Jersey, CONSTITUTIONAL AUTHORITY shall any State deprive any person of life, Mr. SOUTHERLAND, Mr. WESTMORE- STATEMENT liberty, or property, without due process of LAND, Mr. HUELSKAMP, Mr. FLEMING, law; nor deny to any person within its juris- and Mr. MILLER of Florida): Pursuant to clause 7 of rule XII of diction the equal protection of the laws. H.R. 3805. A bill to ensure that women the Rules of the House of Representa- By Mr. MARINO: seeking an abortion receive an ultrasound tives, the following statements are sub- H.R. 3806. and the opportunity to review the ultrasound mitted regarding the specific powers Congress has the power to enact this legis- before giving informed consent to receive an granted to Congress in the Constitu- lation pursuant to the following: abortion; to the Committee on Energy and Article I, Section 5, Clause 2 Commerce. tion to enact the accompanying bill or Article I, Section 7, Clause 2 By Mr. MARINO: joint resolution. Article I, Section 8, Clause 18 H.R. 3806. A bill to end the practice of in- By Mr. LOBIONDO: By Mr. MURPHY of Connecticut: cluding more than one subject in a single bill H.R. 3797. H.R. 3807. by requiring that each bill enacted by Con- Congress has the power to enact this legis- Congress has the power to enact this legis- gress be limited to only one subject, and for lation pursuant to the following: lation pursuant to the following:

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Article I, Section 8. H.R. 1418: Mr. AMODEI. H.R. 3423: Mr. CASSIDY, Mr. WALBERG, Mr. By Mrs. MYRICK: H.R. 1433: Mr. AMODEI. AUSTRIA, Mr. TURNER of Ohio, Mr. ROONEY, H.R. 3808. H.R. 1523: Mr. CONNOLLY of Virginia. and Ms. HIRONO. Congress has the power to enact this legis- H.R. 1546: Ms. MATSUI, Mr. VAN HOLLEN, H.R. 3442: Mr. ISRAEL. lation pursuant to the following: and Ms. SUTTON. H.R. 3461: Mr. GARRETT, Mr. CANSECO, Mr. Clause 4 of Section 8 of Article I of the H.R. 1564: Mr. JACKSON of Illinois. THORNBERRY, Mr. HECK, Mr. ROSKAM, Mr. United States Constitution, which gives Con- H.R. 1591: Mr. AUSTRIA. POMPEO, Mr. CRAWFORD, Mr. OWENS, Mr. gress the power to establish a uniform Rule H.R. 1606: Mr. LOEBSACK. DUNCAN of Tennessee, Mrs. BLACKBURN, and of Naturalization. H.R. 1684: Mr. THOMPSON of Mississippi. Mr. CONNOLLY of Virginia. By Mr. PALLONE: H.R. 1733: Mr. FILNER. H.R. 3473: Mr. COSTELLO, Ms. BROWN of H.R. 3809. H.R. 1738: Mr. SCHILLING and Ms. PINGREE Florida, Mr. FILNER, Mr. HOLDEN, and Mr. Congress has the power to enact this legis- of Maine. MICHAUD. lation pursuant to the following: H.R. 1744: Mrs. ADAMS. H.R. 3510: Ms. LEE of California, Mr. section 8 of article I of the Constitution. H.R. 1755: Mr. PASCRELL. QUIGLEY, Mr. CICILLINE, Mr. HASTINGS of By Mr. PETRI: H.R. 1756: Mr. OLVER and Mr. GUINTA. Florida, Mr. GRIJALVA, Mr. ENGEL, Mr. H.R. 3810. H.R. 1780: Mr. LOBIONDO. CLARKE of Michigan, Ms. RICHARDSON, Ms. Congress has the power to enact this legis- H.R. 1842: Mr. PASCRELL and Mr. CICILLINE. ROYBAL-ALLARD, Ms. LINDA T. SA´ NCHEZ of lation pursuant to the following: H.R. 1867: Mr. FITZPATRICK. California, and Mr. HECK. Clause 3 of Section 8 of Article I of the H.R. 1895: Mr. COSTELLO, Mr. COHEN, Mr. H.R. 3527: Mr. ROSS of Arkansas. Constitution. JACKSON of Illinois, and Mr. RUSH. H.R. 3528: Ms. NORTON. f H.R. 1964: Mr. DESJARLAIS and Mr. H.R. 3533: Mr. LATOURETTE, Mr. GENE WOMACK. GREEN of Texas, Mr. PAYNE, Mr. HIGGINS, and ADDITIONAL SPONSORS H.R. 1971: Mr. FITZPATRICK. Ms. SCHAKOWSKY. Under clause 7 of rule XII, sponsors H.R. 2010: Mr. MCCOTTER. H.R. 3541: Mr. GOWDY, Mr. HALL, Mr. H.R. 2016: Mr. FRELINGHUYSEN, Mr. PRICE of ROKITA, and Mr. LUETKEMEYER. were added to public bills and resolu- North Carolina, and Mr. MILLER of North H.R. 3548: Mr. DESJARLAIS, Mr. HULTGREN, tions as follows: Carolina. Mr. JOHNSON of Ohio, Mr. BURTON of Indiana, H.R. 32: Mr. DOLD and Mr. STIVERS. H.R. 2033: Mr. NADLER. Mr. GINGREY of Georgia, Mr. PALAZZO, Mr. H.R. 83: Mrs. CHRISTENSEN, Mr. CLAY, Ms. H.R. 2053: Mr. MCINTYRE. MCCLINTOCK, Mr. FINCHER, and Mr. COLE. RICHARDSON, Mr. JOHNSON of Georgia, Ms. H.R. 2139: Mr. BILIRAKIS, Mr. SCOTT of H.R. 3575: Mr. MCCLINTOCK and Mr. DUNCAN HAHN, Mr. MICHAUD, Mrs. CAPPS, Mr. JACK- South Carolina, and Ms. SCHAKOWSKY. of Tennessee. SON of Illinois, and Mr. SABLAN. H.R. 2179: Mr. WESTMORELAND. H.R. 3577: Mr. BERG and Mr. SCOTT of South H.R. 104: Mr. HINCHEY and Mr. GUTIERREZ. H.R. 2194: Ms. LINDA T. SA´ NCHEZ of Cali- Carolina. H.R. 110: Mr. SCHILLING. fornia. H.R. 3579: Mr. RIBBLE. H.R. 140: Mr. SCOTT of South Carolina. H.R. 2195: Mr. GONZALEZ. H.R. 3581: Mr. AMASH, Mr. WALSH of Illi- H.R. 191: Mr. MCDERMOTT. H.R. 2269: Mr. JOHNSON of Georgia. nois, Mr. MULVANEY, Mr. MCCLINTOCK, and H.R. 196: Mr. TOWNS. H.R. 2313: Mr. ROSS of Florida. Mr. WOODALL. H.R. 217: Mr. FARENTHOLD and Mr. STIVERS. H.R. 2414: Mr. PITTS and Mr. JONES. H.R. 3582: Mr. AMASH, Mr. MCCLINTOCK, and H.R. 265: Mr. BLUMENAUER. H.R. 2487: Mr. JACKSON of Illinois and Mr. Mr. SCALISE. H.R. 266: Mr. BLUMENAUER. MURPHY of Pennsylvania. H.R. 3583: Mr. AMASH. H.R. 267: Mr. BLUMENAUER. H.R. 2499: Ms. EDDIE BERNICE JOHNSON of H.R. 3590: Mr. HOLT. H.R. 300: Mr. HINOJOSA and Mrs. MALONEY. Texas and Mr. KILDEE. H.R. 3596: Mr. ACKERMAN, Ms. LINDA T. H.R. 365: Ms. RICHARDSON and Mr. RUNYAN. H.R. 2505: Mr. STARK and Mr. WALZ of Min- SA´ NCHEZ of California, and Mr. NADLER. H.R. 436: Mr. MURPHY of Pennsylvania. nesota. H.R. 3599: Mr. DEFAZIO and Mr. SCHRADER. H.R. 451: Mr. GRAVES of Georgia. H.R. 2514: Mr. RIBBLE. H.R. 3606: Mr. MEEHAN. H.R. 469: Mr. NADLER H.R. 2529: Mr. MCCAUL. H.R. 3609: Ms. FOXX and Mr. CANSECO. H.R. 511: Mr. MILLER of Florida, Mr. WEST, H.R. 2679: Ms. HIRONO and Mr. ROSS of Ar- H.R. 3612: Mr. FRANK of Massachusetts, Mr. and Mr. CRENSHAW. kansas. JACKSON of Illinois, Mr. YOUNG of Florida, H.R. 605: Mrs. CAPITO. H.R. 2779: Mr. GIBSON. Mr. RIVERA, and Mr. MCDERMOTT. H.R. 668: Mrs. BACHMANN and Mr. GRIFFIN H.R. 2787: Mr. GUTHRIE. H.R. 3615: Mr. PITTS. of Arkansas. H.R. 2834: Mrs. ADAMS, Mr. HANNA, and Mr. H.R. 3627: Mr. LOEBSACK and Mr. MCKIN- H.R. 733: Ms. HIRONO. BROUN of Georgia. LEY. H.R. 735: Mr. ROKITA and Mr. HENSARLING. H.R. 2885: Mr. MATHESON. H.R. 3636: Mr. LARSON of Connecticut. H.R. 763: Mrs. ELLMERS. H.R. 2955: Mr. RYAN of Ohio. H.R. 3667: Mr. BENISHEK. H.R. 835: Mr. SMITH of Washington. H.R. 3000: Mr. LANKFORD. H.R. 3670: Mrs. BLACKBURN and Mr. COFF- H.R. 854: Mr. RIVERA. H.R. 3013: Mr. WALSH of Illinois. MAN of Colorado. H.R. 905: Mr. FITZPATRICK. H.R. 3059: Mr. TERRY. H.R. 3676: Mrs. MILLER of Michigan and Mr. H.R. 931: Mrs. MYRICK and Mr. DUNCAN of H.R. 3066: Mr. ROKITA. YARMUTH. South Carolina. H.R. 3138: Ms. BROWN of Florida. H.R. 3679: Mr. CONNOLLY of Virginia, Ms. H.R. 938: Mr. LONG. H.R. 3187: Mr. GINGREY of Georgia, Mr. BERKLEY, Mr. KILDEE, Ms. SLAUGHTER, and H.R. 965: Mr. SIRES. ROSS of Arkansas, and Mr. QUIGLEY. Mr. YOUNG of Alaska. H.R. 973: Mr. ROYCE. H.R. 3200: Mr. TURNER of New York. H.R. 3702: Ms. SCHAKOWSKY, Mr. YARMUTH, H.R. 998: Ms. BORDALLO and Mr. CONYERS. H.R. 3203: Mr. ROKITA. Ms. PINGREE of Maine, Mr. JONES, Mr. CROW- H.R. 1063: Mr. DOLD, Mr. CLARKE of Michi- H.R. 3205: Mr. ROKITA. LEY, and Ms. CHU. gan, Ms. BROWN of Florida, and Mr. GRIFFIN H.R. 3209: Mrs. MCMORRIS RODGERS. H.R. 3770: Mr. HALL, Mr. ROKITA, Mr. of Arkansas. H.R. 3213: Mr. SAM JOHNSON of Texas. BROUN of Georgia, Mr. LABRADOR, Mr. H.R. 1093: Mr. MURPHY of Pennsylvania. H.R. 3214: Mr. ROKITA. CANSECO, Mr. FORBES, and Mr. BURGESS. H.R. 1148: Mr. PASCRELL and Mr. FORBES. H.R. 3216: Mr. TONKO. H.R. 3778: Mr. GINGREY of Georgia, Mr. H.R. 1173: Mr. CRAVAACK and Mr. FLAKE. H.R. 3242: Ms. WOOLSEY. POSEY, Mr. FLEMING, Mr. FRANKS of Arizona, H.R. 1179: Mr. TURNER of Ohio, Mr. OLSON, H.R. 3269: Mr. KEATING, Mr. FARENTHOLD, Mr. CULBERSON, Mr. MCCLINTOCK, and Mr. Mr. BENISHEK, and Ms. FOXX. Mr. ENGEL, and Ms. DELAURO. BURGESS. H.R. 1182: Mr. RIBBLE. H.R. 3276: Ms. ROS-LEHTINEN and Mr. WEB- H.R. 3785: Mr. AMASH. H.R. 1195: Mrs. SCHMIDT and Mr. CONNOLLY STER. H.J. Res. 78: Mrs. NAPOLITANO and Mr. VAN of Virginia. H.R. 3300: Mr. POLIS. HOLLEN. H.R. 1236: Mrs. MYRICK, Mr. WATT, and Mr. H.R. 3307: Ms. SCHAKOWSKY, Mr. GUTIERREZ, H. Res. 16: Mr. SCHIFF and Mr. SHERMAN. MCHENRY. Ms. NORTON, Mr. KEATING, Mrs. NAPOLITANO, H. Res. 253: Mr. ALEXANDER. H.R. 1265: Ms. WASSERMAN SCHULTZ, Mr. Mr. MORAN, Mr. TIERNEY, and Ms. CHU. H. Res. 271: Mr. FORBES. JOHNSON of Illinois, Mr. ALTMIRE, and Mr. H.R. 3308: Mr. AMASH. H. Res. 407: Mr. BRALEY of Iowa. GOSAR. H.R. 3316: Mr. AL GREEN of Texas. H. Res. 475: Mr. DUNCAN of South Carolina. H.R. 1327: Ms. BROWN of Florida. H.R. 3317: Mr. AL GREEN of Texas. H. Res. 490: Mr. KLINE, Mr. LOBIONDO, Mr. H.R. 1332: Mr. NADLER and Mr. NEAL. H.R. 3364: Mr. MILLER of North Carolina, FORBES, Mr. SMITH of New Jersey, Mr. BUR- H.R. 1348: Mr. CRITZ. Ms. WATERS, Mr. GONZALEZ, Mr. BACA, and GESS, and Mr. YODER. H.R. 1370: Mr. SHUSTER. Mr. BOREN. H. Res. 507: Ms. GRANGER. H.R. 1381: Mr. STARK. H.R. 3368: Mr. HINCHEY, Mr. MICHAUD, and H. Res. 509: Mr. LATTA, Mr. SCOTT of South H.R. 1385: Mrs. BLACKBURN. Mr. BLUMENAUER. Carolina, Mr. MARCHANT, Mr. WHITFIELD, Mr. H.R. 1386: Mr. NADLER, Mr. PRICE of North H.R. 3380: Mr. JOHNSON of Illinois. MACK, and Mr. GUINTA. Carolina, Mr. REYES, and Mr. HASTINGS of H.R. 3400: Mr. AMODEI, Mr. NEUGEBAUER, H. Res. 516: Mrs. LUMMIS, Mr. HASTINGS of Washington. Mr. FLEMING, and Mr. QUAYLE. Washington, Mr. WESTMORELAND, Mrs.

VerDate Mar 15 2010 03:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.013 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE H116 CONGRESSIONAL RECORD — HOUSE January 23, 2012 BLACKBURN, Mr. LATHAM, Mr. FLORES, Mr. DELETIONS OF SPONSORS FROM H.R. 3261: Mr. SCALISE, Mr. LUJA´ N, Mr. BONNER, Mr. LUETKEMEYER, Mr. MACK, Mr. PUBLIC BILLS AND RESOLUTIONS GRIFFIN of Arkansas, and Mr. ROSS of Flor- LANKFORD, Mr. LAMBORN, Mr. MILLER of ida. Florida, Mr. HULTGREN, Mr. FORBES, and Mr. Under clause 7 of rule XII, sponsors H.R. 3609: Mr. AMASH. AUSTIN SCOTT of Georgia. were deleted from public bills and reso- H. Res. 517: Mr. WHITFIELD. lutions as follows:

VerDate Mar 15 2010 03:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JA7.022 H23JAPT1 smartinez on DSK6TPTVN1PROD with HOUSE 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, JANUARY 23, 2012 No. 9 Senate The Senate met at 2 p.m. and was Mr. BLUMENTHAL thereupon as- SCHEDULE called to order by the Honorable RICH- sumed the chair as Acting President Mr. REID. Mr. President, the Senate ARD BLUMENTHAL, a Senator from the pro tempore. will be in morning business until 4 State of Connecticut. f o’clock today, with Senators permitted to speak for up to 10 minutes each. Fol- PRAYER RECOGNITION OF THE MAJORITY lowing that morning business, the Sen- The Chaplain, Dr. Barry C. Black, of- LEADER ate will proceed to executive session to fered the following prayer: The ACTING PRESIDENT pro tem- consider the nomination of John Let us pray. pore. The majority leader is recog- Gerrard to be United States District Eternal Lord God, the source of wis- nized. Judge for the District of Nebraska. At dom and might, with renewed powers 5:30 p.m., we will vote on confirmation and refreshed spirits, we return to this f of that nomination. national Chamber of deliberation. We f begin our work with the awareness WELCOME that without You nothing of signifi- Mr. REID. Mr. President, I, first of ORDER OF PROCEDURE—S. 968 cance can be accomplished. Be the all, welcome everyone back after the Mr. REID. Mr. President, I ask unan- guardian and guide of our Senators as long break we had. I hope it was restful imous consent that the cloture motion they travel the unbeaten path into our and productive for everyone. with respect to the motion to proceed national future. Grant them wisdom As happens every 4 years, we have a to Calendar No. 70, S. 968, be vitiated. and courage for the living of these Presidential election year and, as a re- The ACTING PRESIDENT pro tem- days. sult of that, things should be more pore. Is there objection? Without objec- We pray in Your sacred Name. Amen. tense than usual, but I certainly hope tion, it is so ordered. f not. f PLEDGE OF ALLEGIANCE f WISHING SENATOR KIRK A SPEEDY RECOVERY The Honorable RICHARD BLUMENTHAL MEASURES PLACED ON THE led the Pledge of Allegiance, as follows: CALENDAR—H.R. 440 AND H.R. 3012 Mr. REID. Mr. President, I was sad- I pledge allegiance to the Flag of the dened to hear that Senator MARK KIRK United States of America, and to the Repub- Mr. REID. Mr. President, there are suffered a stroke over the weekend. He lic for which it stands, one nation under God, two bills at the desk due for a second had surgery this morning. I have fol- indivisible, with liberty and justice for all. reading. lowed it as closely as I have been able f The ACTING PRESIDENT pro tem- to. The doctors say he will recover, and pore. The clerk will read the bills by I am confident that is true. He is young APPOINTMENT OF ACTING title for the second time. and in very good health. I wish him a PRESIDENT PRO TEMPORE The legislative clerk read as follows: full and speedy recovery and look for- The PRESIDING OFFICER. The A bill (H.R. 440) to provide for the estab- ward to him returning to his work in clerk will please read a communication lishment of the Special Envoy to Promote the Senate as soon as possible. Religious Freedom of Religious Minorities in to the Senate from the President pro f tempore (Mr. INOUYE). the Near East and South Central Asia. A bill (H.R. 3012) to amend the Immigra- FINDING COMMON GROUND The legislative clerk read the fol- tion and Nationality Act to eliminate the lowing letter: per-country numerical limitation for em- Mr. REID. Mr. President, Winston U.S. SENATE, ployment-based immigrants, to increase the Churchill said: PRESIDENT PRO TEMPORE, per-country numerical limitation for family- Courage is what it takes to stand up and Washington, DC, January 23, 2012. sponsored immigrants, and for other pur- speak. Courage is also what it takes to sit To the Senate: poses. down and listen. Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I object to I know each of my colleagues in the of the Standing Rules of the Senate, I hereby further proceedings in regard to these Senate—regardless of political party— appoint the Honorable RICHARD two bills. has the courage to stand up and speak BLUMENTHAL, a Senator from the State of Connecticut, to perform the duties of the The ACTING PRESIDENT pro tem- in defense of his or her principles. This Chair. pore. Objection is heard. year I hope we each find the courage DANIEL K. INOUYE, The bills will be placed on the cal- and faith to listen and cooperate as President pro tempore. endar. well.

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

S13

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.000 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S14 CONGRESSIONAL RECORD — SENATE January 23, 2012 The Founders, in their wisdom, when every issue into an all-or-nothing bat- So I want the Acting President pro drafting our Constitution, created a di- tle, we cannot back down—we should tempore and everyone else to know vided government. That is what they not back down—and we will always Senator MCCONNELL and I do, on occa- did with this bicameral legislature side with the middle class. sion, divert from the business of the they envisioned. They also looked to We saw the results of Republican Senate. brinkmanship in December. see a robust debate on important f issues. I do not believe they envisioned I was on a—well, I will not talk about the obstructionism and gridlock that TV shows—but as soon as we had the RECOGNITION OF THE MINORITY ground the Senate to a halt last year. vote here, I walked up to the press gal- LEADER Influenced by the tea party voices, Re- lery, as I was requested to do, and com- The ACTING PRESIDENT pro tem- plimented publicly my Republican col- publicans forced us to waste months on pore. The Republican leader is recog- league Senator MCCONNELL—and I was routine legislation, they nearly shut nized. happy it did get some press—because down our government, and they held Mr. MCCONNELL. Mr. President, I Senator MCCONNELL and I made an ar- hostage the full faith and credit of the will add, we do enjoy our sports discus- rangement here to complete this legis- United States. sions. Of course, I always have the ulti- lation, and he stuck by that. I know he So I remind my Republican col- mate trump, which is the University of had tremendous pressure, and I cannot leagues that not every discussion, Kentucky has won seven NCAA cham- understand all the pressure he did every matter we deal with, should col- pionships and the University of Louis- have. But I admire and appreciate what lapse into a fight. We do not have to ville two. So my friend is always trying fight about everything. Every piece of he did in sticking with what the Senate did. So we then refused to give up on a to catch up. And I would say that—— legislation we consider should not re- Mr. REID. We only have eight more sult in a political battle. tax cut for hard-working families, and it turned out well because Members of to go. When we work together, we achieve Mr. MCCONNELL. Only eight more to greater results for the American peo- Congress came to the realization that the American people said they could go. UNLV has a good team this year, ple. That is why this year Democrats probably not as good as Kentucky, and Republicans must seek common not afford a thousand-dollar tax hike. Putting money back in the pockets of maybe as good as Louisville, but it ground. We must also admit it when we does give us an opportunity to catch up find that common ground, and work on 160 million American workers should not have been so difficult. It should not on each other’s teams every day as we that common ground we have discov- head to the floor. ered. have been a fight in the first place. I We should all be able to agree that hope we all learned a lesson in this bat- f Congress must do whatever it takes to tle. It is time for us to stop fighting. I re- WISHING SENATOR KIRK A help create jobs and strengthen our SPEEDY RECOVERY economy. Democrats believe it will peat, we do not have to fight about everything. There comes a time—and Mr. MCCONNELL. Mr. President, let take commonsense policies that pro- that time is now—when we need to me start on a sort of sober note by say- tect the middle class and smart invest- have the courage to stand up and fight ing we are all thinking of our colleague ments that rebuild our roads, bridges, for what is right. MARK KIRK. It is at moments such as and schools, our water and sewer sys- This year it will be as important that these that we are all reminded of how tems. we summon the courage to sit down We must combat income inequality fragile life is, and that there are far and listen. Rather than standing up now or the rich will keep getting richer more important things in life than pol- and fighting, we need to sit down and itics. So we send MARK and his family and the poor getting poorer, while the listen more often. middle class disappears. That is not fic- our prayers and our wishes for a speedy tion; it is fact. f recovery. I watched on public television within COLLEGE BASKETBALL f the past week or so a wonderful piece Mr. REID. Mr. President, before my THE JOBS CRISIS on ‘‘Bill Moyers Journal.’’ I was so im- friend starts, the Republican leader pressed with that, I called and spoke and I deal with a lot of issues that Mr. MCCONNELL. I wish to begin my with him afterwards. I am not in the come up in the Senate, and some of remarks today by simply stating the habit of calling people like that very them are difficult. But the one thing obvious: The jobs crisis we are in con- often, but over the years we have spo- we have that is kind of a diversion for tinues for millions of Americans. Many ken a couple times—three or four times us is we follow college athletics in our millions more are worried about the fu- probably over the many years I have respective States. I have been very for- ture. And Republicans are quite eager been here. tunate in Nevada that the University to work with the Democratic majority The reason I was so impressed with of Nevada has had a very good football here in the Senate to jump-start our what he said is that it reminded me I team the last 5 or 6 or 7 years. I will economy and set our Nation on an en- think of what a lot of people should be not talk about the UNLV football item; tirely different course than the one we reminded. He talked about going to a it is not worth doing, as I told the uni- have been on the last few years. public elementary school, he talked versity president. Let’s be clear: The reason our econ- about going to a public high school, a But we also have in Nevada—and this omy has gotten worse and our future State-supported university, and during is always the way it is in Kentucky; more uncertain has nothing to do with all this time of going to libraries, pub- they always have good basketball what Republicans in Congress will not lic libraries. teams—we have been doing very well in do at some point in the future and ev- We have to understand that govern- recent years, especially at UNLV; and erything to do with what this Presi- ment has been so helpful to most of us, now what UNR has is, I believe, the dent has already done. and we cannot turn away from institu- longest winning record in Division I Americans are looking for an en- tions of government which have been basketball. They have only lost three tirely new direction. It is one that fo- so important to us over the years. games. UNLV has only lost 3 games. cuses on growing the economy, not So I repeat, we must combat income So we have fun in our few minutes growing our Nation’s debt. inequality and combat it now or the together talking about basketball. I So we are happy to work with the rich will keep getting richer, the poor have never seen a more avid fan of the Democratic majority in the Senate to getting poorer, and the middle class University of Louisville. He, of course, achieve these goals. But based on some being squeezed all the more. I repeat, follows the University of Kentucky, of the news stories I have read over the that is not fiction; it is a fact. which is easy to follow, because their last few weeks, it does not appear they We Democrats will continue to de- teams are always so good. But so is are all that interested. Based on what fend working Americans, and we hope Louisville’s team. And Louisville and I have read, it appears Democratic Republicans will join us in that regard. UNLV have had, in recent years, some leaders right here in the Senate have But if they allow the tea party to turn very tight basketball battles. gotten together with the White House

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.005 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S15 and mapped out a plan to actually gether. Let us focus on that and put and the Interpreter Advisory Com- guarantee gridlock for the rest of the the rest aside. mittee, as well as leading initiatives year. f promoting racial and ethnic fairness This is sort of a stunningly cynical under the law. strategy when you think about it. Mil- RESERVATION OF LEADER TIME Also, in 2008, the Nebraska State Bar lions of Americans cannot find work. The ACTING PRESIDENT pro tem- Foundation gave him its Legal Pioneer The average length of unemployment is pore. Under the previous order, the Award. This was for making the courts the longest it has ever been. Hundreds leadership time is reserved. more user friendly for citizens from all of thousands of Americans who had a cultures by utilizing technology and job when this President took office f other means to improve both under- have simply dropped out of the work- MORNING BUSINESS standing and participation in the force. And yet the Washington Demo- courts. I would note that on the Ne- The ACTING PRESIDENT pro tem- braska Supreme Court, Judge Gerrard crats’ plan for this year is to sit on pore. Under the previous order, there their hands and blame it on the other has authored more than 450 opinions, will now be a period of morning busi- and he is widely considered a leader on guy. ness until 4 p.m., with Senators per- I certainly hope this was just a cou- that court. mitted to speak therein for up to 10 ple of overzealous staffers saying this. Judge Gerrard is held in the highest minutes each. I hope our Democratic friends have not regard by both the bench and the bar in The ACTING PRESIDENT pro tem- decided this is how they plan to spend Nebraska, and the American Bar Asso- pore. The Senator from Nebraska. the rest of this year. I hope they have ciation has deemed him ‘‘unanimously not given up on governing in favor of f well qualified’’ to serve as a U.S. district judge. Judge Gerrard maintains campaigning and complaining because, GERRARD NOMINATION to borrow a phrase, facing up to the the same even temperament off the economic crises we face cannot wait. Mr. NELSON of Nebraska. I rise to bench as he does on the bench. Clearly, Democrats in Congress cannot simply speak on behalf of an outstanding Ne- he is an exemplary person who has con- throw in the towel because they are no braskan, State Supreme Court Justice tributed much to our society. Furthermore, he and his wife Nancy longer getting everything they want. John Gerrard. His nomination to fill a The fact is, Democrats got every- vacancy on the U.S. District Court for have been married for 34 years and thing they wanted for 2 years—for 2 Nebraska is now before the Senate. have raised four exceptional children. I years after this President was elected. John Gerrard has built an excep- would also note that during my years as Governor, I appointed 81 judges in The American people decided to impose tional record in private practice and on the State of Nebraska, including the a little balance in the November 2010 the Nebraska Supreme Court and will Nebraska State Supreme Court. Since I election, and they are still waiting for do an exemplary job as a U.S. district have been in the Senate, I voted on nu- this White House and Democratic lead- judge for the District of Nebraska. I merous judicial nominees. In all cases, ers in Congress to work on a different have known him for more than 20 years I have supported candidates for the ju- approach. So it is about time we got and believe he has the experience, the diciary who convinced me they would started. President Obama’s 3-year ex- intellect, and the temperament needed follow the law and would not manipu- periment with big government has on our Federal bench. I cannot think of late it to promote a personal or activ- made our economy worse and our fu- anyone better qualified than John Gerrard. ist agenda. This is a critical test for me ture more uncertain. Americans want a and it is relevant concerning Justice government that is simpler, stream- I was very pleased the President nominated him. I have welcomed my Gerrard. I am convinced he would not lined, and secure. allow personal beliefs to interfere with But we will not be able to achieve colleague Senator Johann’s strong sup- his judicial duties, nor would he bring these things if Democrats refuse to port, and I believe the Senate should an activist agenda to the Federal even try, if they have decided to spend confirm him for the position of a U.S. bench. He has proven this beyond a the next year on show votes and legis- district court judge. doubt with his disciplined approach to lation that is designed for bus tours in- John Gerrard, a native of Schuyler, the law over the last 161⁄2 years as a stead of bill signings. NE, has served as a private attorney, a city attorney, counsel to several public judge on the Nebraska Supreme Court. The No. 1 issue facing our country is Questions, however, have been raised school districts in Nebraska, and he jobs, and the No. 1 goal of Republicans to Justice Gerrard on those points, and has an outstanding public record as a in 2012 is to continue to make it easier I would like to address them now. He for American small business to create judge. In private practice, Judge has been asked whether a matter may jobs. We will accomplish this by focus- Gerrard tried dozens of cases, both civil be constitutional one day and not the ing on three things: fundamental tax and criminal, to verdicts in State and next based on a changing legal land- reform, regulatory reform, and energy Federal courts. He was highly re- scape. He has answered for the record security. But we will surely fail if the spected as a trial attorney earning an that the U.S. Supreme Court and the Democratic majority in the Senate re- ‘‘AV’’ Martindale-Hubbell rating from circuit courts set the binding precedent fuses to help. his colleagues. He was elected to the on whether a matter is constitutional, So Republicans will continue to American Board of Trial Advocates by which he would follow as a district make the case for policies that will his peers. judge. spark an economic revival and create During my tenure as Governor, I ap- He has stated a Federal district court new opportunities for struggling Amer- pointed him, in 1995, to the Nebraska judge can conclude the law has changed icans, and we hope the Democrats will Supreme Court. Nebraska voters have only by legislation or by a ruling by a join us. Tomorrow, the President will shown their confidence in him by re- higher court. Justice Gerrard has a come to the Capitol to tell us what he taining him in office three times: in clear understanding of the limitations thinks about the state of our country 1998, 2004, and 2010. He has consistently of a Federal district court judge. He and to outline his plans for the future. received top ratings by the Nebraska has demonstrated that understanding We welcome him. We look forward to State Bar Association in its biennial in the deference he has given to the his address. We stand ready to work judicial evaluations, particularly in legislative branch and to higher court with him as always on an agenda that the areas of legal analysis, judicial precedent during his years on the Ne- will get our Nation moving again, not temperament, and fair treatment of braska Supreme Court. an agenda to divide, not a repackaging litigants and their lawyers. He has also been asked specifically of the same ideas that have made our Furthermore, the Nebraska judicial whether he has personal beliefs that economy worse and our future more system gave him its Distinguished would make him unable to carry out uncertain but a truly bipartisan agen- Judge for Improvement of Judicial the death penalty. Again, he has an- da that gets us beyond past skirmishes System Award in 2006. This was in rec- swered, for the record, that he does and onto a different path entirely. ognition of his work as cochair of the not. More to the point, Nebraska car- There is much we can and should do to- system’s Minority Justice Committee ried out the death penalty while I was

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.007 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S16 CONGRESSIONAL RECORD — SENATE January 23, 2012 Governor and Justice Gerrard was serv- preme Court. These decisions reveal Mr. SESSIONS. Mr. President, I ask ing on the Nebraska Supreme Court. As with clarity his philosophy regarding unanimous consent that the order for a matter of fact, the court has con- the powers and limitations of a judge. the quorum call be rescinded. curred in establishing an execution They reflect his commitment to adhere The ACTING PRESIDENT pro tem- date to take place this March 6 in the to the Constitution and the laws of our pore. Without objection, it is so or- State of Nebraska. great Nation. dered. Issuing and executing a death sen- When asked about judicial restraint f tence is one of the most solemn respon- after his nomination to the U.S. dis- sibilities the judicial and executive trict court, Justice Gerrard responded: CONCLUSION OF MORNING branches are entrusted with. In every I firmly believe that a judge should rely on BUSINESS instance, Justice Gerrard has ruled on the admissible evidence and applicable law The ACTING PRESIDENT pro tem- the death penalty, he has been bal- (and nothing else) when rendering a decision. pore. Morning business is closed. anced, even-handed and, most impor- He further responded: f tant, faithful to the Constitution. In I do not believe a judge should consider his EXECUTIVE SESSION fact, Judge Gerrard has confirmed for or her own values or policy preferences in de- the record that the U.S. Supreme Court termining what the law means—and I have never done so at any time in my judicial ca- and the Nebraska Supreme Court have reer. NOMINATION OF JOHN M. repeatedly held that the death penalty This unequivocal statement says a GERRARD TO BE UNITED is an acceptable punishment as long as lot. Justice Gerrard knows that his STATES DISTRICT JUDGE FOR the laws for imposing it are followed more than 450 opinions are a matter of THE DISTRICT OF NEBRASKA and the constitutional limitations im- public record and that they are open to The ACTING PRESIDENT pro tem- posed by the U.S. Supreme Court are everyone’s scrutiny. He has welcomed respected. pore. Under the previous order, the that. He has welcomed it with humil- Senate will proceed to executive ses- Finally, Judge Gerrard has stated, ity. and the record shows, he has voted to sion to consider the following nomina- You will not hear him boast about tion, which the clerk will report. confirm a number of sentences and con- being the youngest person ever ap- victions of those sentenced to death, The assistant legislative clerk read pointed to my home State’s high court, the nomination of John M. Gerrard, of and he has authored more than one nor will you hear him boast about his State court opinion upholding the con- Nebraska, to be United States District successful years as a private attorney Judge for the District of Nebraska. stitutionality of Nebraska’s death pen- and city attorney—and they were suc- alty law. In my view, Judge Gerrard’s The ACTING PRESIDENT pro tem- cessful. He is absolutely unassuming. pore. Under the previous order, there answers and his clear record more than He is reflective and he is articulate. He adequately address any concerns about will be 90 minutes for debate, with 60 speaks with great reverence about the minutes divided in the usual form and his ability or willingness to both apply oath he took to uphold the Constitu- the law with impartiality and to carry 30 minutes under the control of the tion. Senator from Alabama. out the law effectively . I did not know Justice Gerrard prior To sum up, John Gerrard deserves to Mr. SESSIONS. Mr. President, I ask to his appointment to the Nebraska that I be notified after 12 minutes. be confirmed by the Senate because he Supreme Court, but he quickly devel- has an outstanding legal record, he The ACTING PRESIDENT pro tem- oped a reputation as a disciplined judge pore. Without objection, it is so or- possesses the proper temperament who renders very well researched opin- needed on the Federal bench, and he dered. ions. Mr. SESSIONS. Mr. President, by all will follow legal precedent to carry out I believe Justice John Gerrard is a accounts, Judge Gerrard of the Ne- the law rather than interpret as he sees worthy member to join the U.S. dis- braska Supreme Court is a good man it. He has been and will be an impartial trict court, and so I stand here today with a good family and many friends, judge, not an activist. So I urge his urging my colleagues to vote in favor and he has done a pretty good job over confirmation by my colleagues. of his confirmation. I yield the floor and suggest the ab- I would also like to take a moment the years—maybe a good job over the sence of a quorum. to talk about the process that brought years—as a capable practicing jurist The ACTING PRESIDENT pro tem- us here this afternoon. In this regard, I now on the Supreme Court of Ne- pore. The clerk will call the roll. would like to offer my appreciation braska. The legislative clerk proceeded to and thanks to my colleague from Ne- I will vote against that nomination, reluctantly. I really do not want to in call the roll. braska, the senior Senator, BEN NEL- one sense, but his nomination raises an Mr. JOHANNS. Mr. President, I ask SON. Senator NELSON called me before unanimous consent that the order for this nomination was made and asked important issue about the duty of a the quorum call be rescinded. for my input. I took that opportunity judge to be faithful to the law and to The ACTING PRESIDENT pro tem- to sit down with Judge Gerrard and to commit to serve under the law and pore. Without objection, it is so or- talk to him. After our meeting and under the Constitution, as the oath of dered. knowing what I knew about the jus- a Federal judge requires. In other Mr. JOHANNS. Mr. President, I am tice, it was my decision to support his words, as a judge you are a servant to very pleased today to rise in support of nomination to the U.S. district court. the law. a man who has proven himself worthy In fact, I would say, if I had total con- You honor the law. You venerate the to serve as a Federal judge on the U.S. trol of this nomination, I would do it law. You follow the law whether or not district court. all over again. you like it, whether or not you think it Justice John Gerrard has experience, This is a fine man. This is a man who is a good idea, whether or not had you integrity, and respect for the Constitu- I hope will have strong bipartisan sup- been at the Constitutional Convention tion—all of which are necessary for port this afternoon when we vote on in the 1700s, you would have voted for someone serving on our Federal bench. making him a U.S. district judge. He is that phrase or not voted for that He has earned the respect and the ad- a good man, and he deserves a strong phrase or whether if you had been in miration of the people of Nebraska. He bipartisan vote. He is going to adhere the House or the Senate you would consistently receives top ratings from to the laws of our Nation with integ- have worked to change the Constitu- the Nebraska State Bar Association, rity, humility, and a strict adherence tion or change the law of the State of and the people of Nebraska have ex- to the law. Nebraska. Those are matters that are pressed their confidence in him not I yield the floor. outside the province of a judge. If once, not twice, but three times, voting I suggest the absence of a quorum. judges choose to be involved in policy- to retain him on the bench. The ACTING PRESIDENT pro tem- setting, then they ought to invest Justice Gerrard has authored hun- pore. The clerk will call the roll. themselves in the policy-setting dreds of opinions throughout his 16 The assistant legislative clerk pro- branches, the legislative and executive years as a member of the Nebraska Su- ceeded to call the roll. branches.

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.009 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S17 So judges are, as Justice Roberts said ity of the Congress or the State legisla- Court had always held that electrocu- so wonderfully, ‘‘neutral umpires.’’ tures to impose a death penalty. tion was not cruel and unusual, Judge They do not take sides in the game; The Constitution was in no way ever Gerrard asserted in the Moore case they enforce the rules of the game. thought to be a document that would that ‘‘a changing legal landscape raises How those rules have been written and have prohibited all death penalty questions regarding the continuing vi- established and what motivation cases. But there became a movement in tality of that conclusion.’’ caused the Congress to pass them is the middle of the last century and later I am not aware of anything in the not the critical issue. So there is a that the death penalty was bad and landscape that would justify any very troubling matter to me which re- that judges should overthrow it. Actu- change in that. I think 1 State in the veals an activist tendency in this ally two judges on the Supreme Court United States out of 50 has held that judge, and it was the case of State v. opposed every death penalty case be- electrocution is not appropriate. I Moore. cause they said it was cruel and un- don’t know how it violates the cruel The case of State v. Moore in Ne- usual. and unusual clause. I am not sure how braska is very significant because it That was not the Constitution. They they possibly so ruled, but they did. So raises quite clearly these very issues. were allowing their personal views it came up before this court. The Mata In the Moore case, Judge Gerrard took about the wisdom, or lack of it, of the case came up before the court and, to an active role as one of the members of death penalty to influence their judi- sum it up, let me just say they con- the court. Mr. Moore had been on death cial decisionmaking. How can we say cluded, contrary to the previous rul- row since 1980. He had confessed to the Constitution prohibits the death ings of the Nebraska Supreme Court, murdering two people. He had appealed penalty when it makes multiple ref- contrary to the rulings of the U.S. Su- to the Nebraska Supreme Court three erences to the death penalty? Every preme Court, that electrocution times. Three times the Nebraska Su- State and the Federal Government amounts to a cruel and unusual punish- preme Court had denied his appeals. He have been utilizing the death penalty ment and eliminated and stayed the had quit appealing. In fact, he filed a since the time the Republic was found- execution of two individuals, Mr. Mata motion and said he did not desire any ed. and Mr. Moore. more appeals. His pleading said he no So I am not debating the death pen- I guess what I will say is this: We all longer wished to challenge his sen- alty. I am not debating the death pen- in this body have to make a decision tence, and he was being set for an exe- alty. Good people can disagree. It about whether judges make errors— cution that by law he deserved. ought to be brought up on the floor of which they sometimes do—and then Judge Gerrard intervened on his own this Congress, on the floor of the legis- how serious those errors are and what motion and stayed that execution even latures of Nebraska, Alabama, Texas, those errors reflect about the ability of though no pleading had been filed. He and New York, and they can decide the judge to fulfill the oath they take. did it on the basis that while Moore whether they want to have one and The oath, remember, is to serve under was set for electrocution, he was aware how it will be carried out. the Constitution, under the laws of the that another case that was coming up The Constitution does say, however, United States, and to do equal justice to the Supreme Court of Nebraska that we cannot use cruel and unusual to the rich and the poor and to follow dealt with the constitutionality of the methods of carrying out the death pen- the law, in effect, whether you like it death by electrocution statute. Appar- alty because they understood that. or not. ently the judge did not like the death They did not want people to be drawn I think this was not a little bitty by electrocution statute. But he and quartered and chopped up and matter. I think the people of the stopped it. Technically, I am not sure things like that—burned in fires. The United States and judges on the Su- that was correct. He was criticized by accepted penalty at that time was fir- preme Court of the United States have three members of the court, but he did ing squad and hanging, generally. That dealt with death penalty cases for some that. is what was approved in most States. time, and the American people have Then the case came before the court, We still have States—at least one been called upon on a number of occa- this other case, the Mata case. The State today—that allows firing squad. I sions to eliminate death penalties in judge then confronted the fundamental think we still have some that have their States. A few have; most have question of whether the utilization of hanging. But most States have gone not. electrocution was a constitutional more and more to lethal injection, and Mr. President, 30 minutes has been matter. a number, quite a number, still have set aside for me, correct? Now in Nebraska and in most States electrocution. The ACTING PRESIDENT pro tem- there are two types of constitutions: So the question of electrocution was pore. That is correct. The Senator has the U.S. Constitution and the Nebraska brought up. The guy was defending a used just over 13 minutes. Constitution. As is often the case, the person who had been sentenced to die Mr. SESSIONS. I ask to be notified exact same words with regard to the as a result of his crimes. They ob- after 7 additional minutes. death penalty are in the U.S. and Ne- jected, saying electrocution was cruel The ACTING PRESIDENT pro tem- braska Constitutions: that the Con- and unusual in 1890. In 1890 the Su- pore. The Chair will notify the Sen- stitution prohibits the carrying out of preme Court ruled that it was not un- ator. a death penalty by cruel or unusual constitutional. Then again it was ruled Mr. SESSIONS. Mr. President, it is means. ‘‘Cruel and unusual’’ actually is in 1947 that electrocution was not cruel not a little bitty matter. These mat- the phrase. So it must be cruel and it and unusual punishment. Since that ters have gone to the Supreme Court. must be unusual to be unconstitu- time, up until recent years, most—I Electrocution was passed by legisla- tional, otherwise States can all carry would say perhaps even a majority of tures and voters for one reason. They out death penalties as they choose. States—used electrocution as being thought it was a way to carry out a In fact, at the time the Constitution less painful and more consistent with grim death penalty sentence in a way was adopted, every colony, every State our values than a firing squad or hang- less painful than a firing squad and that formed our Union had a death pen- ing. So it was seen as a reform, a better hanging. That is why they did that. It alty. The U.S. Government had a death way to carry out the severe penalty of was not any more cruel and unusual penalty. There are multiple references death. but less cruel and unusual. Death is in- in the U.S. Constitution to the imposi- The Supreme Court of the United stantaneous, and it is an effective tion of a death penalty. It says, for ex- States has since repeatedly denied ap- method and is consistent with our Con- ample, that you cannot deny a person peals to seek to raise again electrocu- stitution, as the Supreme Court held ‘‘life’’ without due process. It makes tion as being unconstitutional. and as the Nebraska Supreme Court reference to ‘‘capital crimes,’’ which This other case came up in Nebraska, previously held. are death penalty crimes. There are State v. Mata. It squarely challenged Here we are in this body and we have several, multiple references to that. the constitutionality of electrocution heard the debates. A lot of good people Implicit in the Constitution itself is a as a method of execution. Although he with very plausible arguments—I don’t constitutional acceptance of the abil- acknowledged the Nebraska Supreme agree with them, but I respect them—

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.013 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S18 CONGRESSIONAL RECORD — SENATE January 23, 2012 say we should not have a death pen- Judge Gerrard is a good man, a smart There has been some suggestion that alty. This is a debate we should have lawyer, and he will do a good job on the Justice Gerrard might seek to craft his and talk about with the American citi- bench—and I hope he does—but I am own preferred outcomes instead of fol- zens. It is not a matter for judges to ef- not voting for judges, as I have said be- lowing the law. I wish to respond to fectively decide by altering the plain fore, who will not establish that they that. The concerns, of course, relate to meaning and principles of the U.S. Con- are willing to follow the law even if a case out of Nebraska, State of Ne- stitution because they think it is not they don’t like it. Particularly, I am braska v. Moore. right. They are not legislators. This is very reluctant to support judges who, I In that case, Justice Gerrard ordered a big issue around the country and peo- believe, in this most controversial area a stay of a death warrant pending the ple are tired of it. They say people are where much debate has occurred, in outcome of another case the Nebraska not happy with the judges and they one form or another, take extraor- Supreme Court was considering. At don’t understand the law. Well, they dinary, unlawful steps in my view, to issue in the second case was whether understand the death penalty. They undermine the death penalty because the death penalty by electrocution, as have considered it. Their elected rep- they don’t like it. provided by Nebraska statute, was con- resentatives have voted on it. It has You say: Somebody else said that sistent with the Nebraska Constitu- been approved in most States. They ex- may have been a mistake, but it is not tion. Because the defendant in Moore pect their judges to carry out the law, disqualifying. I respect other people’s was scheduled to die by electrocution, unless it plainly violates the Constitu- opinions. I am not calling on other peo- Justice Gerrard stayed the warrant tion of their State or the Nation. ple to reject Judge Gerrard. As I said, pending the court’s decision in that I just suggest that I believe this deci- by all accounts, he is a good man. I am second case. In the majority opinion in sion was a product of an ill will or a saying I don’t feel comfortable voting Moore, Justice Gerrard noted that the bias against the death penalty, con- for someone based on a legal issue such court was using its inherent authority sistent with the effort of a lot of people as this that I personally dealt with to stay the warrant. working around the legal system every over the years. I would not oppose him If I might, let me take a moment to day. I was the attorney general of Ala- if he personally opposes the death pen- explain what Justice Gerrard was say- bama, chief prosecutor in the State. I alty. That is fine. But as a judge he is ing there. was a U.S. attorney for 12 years. So I required to carry it out in an effective Some have concluded that what he have wrestled with these issues. I know way. We have had far too much ob- was saying was he was calling on some how the deal works. Everybody in the struction of the death penalty, and I nebulous, indistinct legal authority system understands what this is. hope we will see an end to it and get merely to cloak his own wishes. But I For the Supreme Court of Nebraska judges on the bench who will follow the would suggest respectfully that Justice to hold that electrocution violates the law. Gerrard has fully and very satisfac- cruel and unusual clause of the Con- I reserve the remainder of my time. The ACTING PRESIDENT pro tem- torily explained exactly what he meant stitution of Nebraska or the Constitu- by the specific choice of those words. tion of the United States—they said in pore. The Senator from Nebraska is recognized. He was, in fact, carefully using au- this case, Nebraska, which has exactly Mr. JOHANNS. Mr. President, I ask thorities granted to him by Nebraska the same language as the U.S. Con- if the Senator from Alabama will yield law. As the judge explained in a letter, stitution; for them to rule that way, I me 3 minutes to speak on Judge Nebraska law provides that the Ne- believe, is outside the bounds of what I Gerrard. braska Supreme Court is directly re- am willing to accept. We have people Mr. SESSIONS. I will. I appreciate sponsible for issuing the order of execu- saying the evolving standards of de- my colleague’s interest in this matter. tion of prisoners sentenced to death. So cency, evolving legal principles, and I believe there is considerable time left when Judge Gerrard used his inherent evolving national and international on the other side. He can certainly authority to stay the execution at law says we ought to change. No, the have that on my time. issue in Moore, he was using authority American people rule and they elect The ACTING PRESIDENT pro tem- granted by Nebraska statute to order their representatives and they pass pore. There is about 10 minutes. the execution in the first place. In laws; and judges have one obligation, Mr. SESSIONS. Mr. President, I yield other words, the Nebraska Supreme which is to enforce the law, unless it is what time I have to the Senator from Court, by Nebraska law, has the power plainly contrary to the Constitution. Nebraska. to issue the order and then deal with My opinion, as someone who has been Mr. JOHANNS. Mr. President, I that order in the future. in the legislature and had to defend thank the Senator from Alabama for This is what Judge Gerrard said in death penalties as the attorney general yielding the time. One thing I wish to his letter in a series of questions that of the State of Alabama—my opinion is say, to start out with, is that the Sen- were posed to him relative to his nomi- that declaring electrocution to be an ator from Alabama and I would almost nation for the U.S. district court: unconstitutional method of imposing always agree about judicial appoint- The ‘‘inherent authority’’ referred to in the death penalty steps out of objec- ments. It is a very unusual situation the Moore order was only the court’s inher- tive, neutral judging and evidences a that we would be in any kind of dis- ent authority to control the implementation plain activist tendency to promote a agreement. Many times I come to the of its own orders, just as any court, at any result. floor and seek out the Senator from level, can control its own orders. I think it is compounded by the fact Alabama and ask his thoughts on I should note also that Judge Gerrard that the judge went out of his way, things or to tell me more about a makes plain that he considers the contrary to other judges’ wishes on the nominee. I am here this afternoon with death penalty to be the law of the land, court, to lead an effort to stay one exe- great respect for the Senator from Ala- one that he must uphold. cution until they could take up this bama and his views of judicial nomi- On the question of whether the death case and then to rule over the Chief nees. penalty is constitutional, Justice Judge’s dissent that it was indeed un- I have very strong feelings, though, Gerrard writes: about Justice Gerrard. I have had an constitutional. I am aware of no authority, nor any per- Mr. Moore remains now, since 1980, opportunity to watch this man on the suasive evidence, supporting the conclusion even today, still on death row. People Nebraska Supreme Court for many that the death penalty itself is unconstitu- are unhappy about that. They rightly years. In my view—and I doubt there tional. Our court has concluded in multiple think the law is not working and that would be many who would disagree cases that the death penalty itself is con- there is too much politics in it, and with this—judges, especially Federal stitutional, and I have joined in (and au- people are undermining duly enacted judges, should follow the law and not thored many) of those decisions. law. There was no question of this de- their own inclinations or personal pref- Mr. President, as I have indicated in fendant’s guilt. He murdered two peo- erences or their own personal feelings my remarks in support of this nomi- ple and he confessed to it. on a matter or controversy before nee, I do believe Judge Gerrard will That is the way I feel about this. I them. I think we need to examine this base his decisions on the evidence be- can see a lot of other people saying issue very carefully. fore him and the applicable law. I have

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.014 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S19 had an opportunity to watch him do in the past would have been considered not have to wait for three years before that for years and years. That is what and confirmed by the Senate within a judge hears the case. When two small he will do. He will base his decisions on days of being reported with the support business owners disagree over a con- the evidence before him and the appli- of their home state Senators and the tract, they should not have to wait cable law and nothing else. Further- support of both Democrats and Repub- years for a court to resolve their dis- more, he has earned the respect and lican on the Senate Judiciary Com- pute. With one in 10 Federal judgeships support of Nebraskans, who three mittee. currently vacant, the Senate should times voted to return him to the Last year, final consideration of have come together to address the seri- bench. I believe he is well qualified to qualified, consensus judicial nominees ous judicial vacancies crisis on Federal serve our Nation in the Federal courts took months because Senate Repub- courts around the country. as a district judge. Justice Gerrard’s licans refused to consent to confirma- Professor Carl Tobias makes the nomination deserves our support, and I tion votes. They took this to a new ex- point in his column at the end of last again urge my colleagues to support treme by ending the year by refusing year entitled, ‘‘Judicial Openings him today. to hold votes on any judicial nominees. Erode U.S. Justice System.’’ He cor- Mr. President, I yield the floor. Meanwhile, the millions of Americans rectly observed: ‘‘The Senate recessed The ACTING PRESIDENT pro tem- who are served by the Federal courts in without considering any of the 21 pore. The Senator from Vermont. those districts and circuits whose va- nominees, 16 of whom the Committee Mr. LEAHY. Mr. President, I wish to cancies could be filled with qualified, unanimously reported, on its calendar compliment the Senator from Ne- consensus nominees are left with over- because Republicans refused to debate braska for his comments. I totally burdened courts and unnecessary and vote on them.’’ He goes on to de- agree with him. delays in having their cases deter- scribe some of the slowdown tactics As last year drew to a close, I spoke mined. Senate Republicans have employed and about the Senate’s lost opportunity to I thank the Majority Leader for ar- concludes: ‘‘Most problematic has been take long overdue steps to address the ranging for final consideration of Jus- Republican refusal to vote on serious vacancies crisis on Federal tice John Gerrard’s nomination. Since uncontroversial nominees.’’ I ask con- courts throughout the country. With 1995, Justice Gerrard has served on the sent that a copy of Professor Tobias’ nearly one out of every 10 Federal Supreme Court of Nebraska, and his column be included at the conclusion judgeships vacant, the Senate should nomination received the highest pos- of my statement. not have adjourned with 21 judicial sible rating from the ABA’s Standing In his 2010 Year-End Report on the nominations on the calendar and Committee on the Federal Judiciary, Federal Judiciary, Chief Justice Rob- stalled from having a vote. Regret- unanimously ‘‘well qualified.’’ He re- erts rightly called attention to the tably, Senate Republicans chose to end ceived a near-unanimous vote before problem of overburdened courts across last year using the same obstructionist the Senate Judiciary Committee back the country. Indeed, the workload in tactic that they used the year before. in mid-October last year and has had our Federal trial courts has increased 5 They continue to delay final confirma- the support of his home state Senators, percent during President Obama’s term tion votes on consensus judicial nomi- a Democrat and a Republican, from the in office and 22 percent over the last 10 nees for no good reason. Such delaying outset. Recently, the senior Senator years. Senate Republicans have shown tactics are a disservice to the Amer- from Nebraska announced that this no interest in adding the judgeships ican people and prevent the Senate will be his last year in the Senate. I that the Judicial Conference, Chief from doing its constitutional duty and have always enjoyed working with Sen- Justice Rehnquist and Chief Justice ensuring the ability of our Federal ator NELSON. He has worked hard and Roberts have requested. To the con- courts to provide justice to Americans represented the people of his state well. trary, they have been stalling needed around the country. He has been diligent with respect to ju- Federal judges and keeping judicial va- The result of the Senate Republicans’ dicial nominations for vacancies in Ne- cancies at historically high levels for inaction is that the people of New braska and tirelessly pressed to fill va- unprecedented lengths of time. Unfor- York, California, West Virginia, Flor- cancies there to ensure that cases be- tunately, the unprecedented obstruc- ida, Nebraska, Missouri, Washington, fore the Federal courts in Nebraska tion of consensus judicial nominations Utah, the District of Columbia, Ne- were not needlessly delayed. I am sorry by Senate Republicans continues. They vada, Louisiana, and Texas are without that confirmation of this judicial nom- have dramatically departed from the the judges they need. The result is that ination, one he has so strongly sup- Senate’s longstanding tradition of reg- judicial emergency vacancies in Flor- ported, has been needlessly delayed ularly considering consensus, non- ida, Utah, California, Nevada and more than three months while the Fed- controversial nominations. Their ob- Texas remain unfilled. Last year it eral trial court for the District of Ne- struction marks a new, dark chapter in took us until June to make up the braska remains overburdened. what Chief Justice Roberts had called ground we lost when Senate Repub- More than half of all Americans live the ‘‘persistent problem of judicial va- licans refused to complete action on ju- in districts or circuits that have a judi- cancies in critically overworked dis- dicial nominees at the end of 2010. The cial vacancy that could be filled today tricts.’’ Senate starts this year with 19 judicial if Senate Republicans just agreed to Chief Justice Rehnquist had chas- nominees awaiting final Senate action, vote on the nominations that have tised Senate Republicans for their all but one of them reported with sig- been voted out of the Senate Judiciary stalling tactics on judicial nominees nificant bipartisan support, 16 of them Committee and have been awaiting a during the Clinton administration. In unanimously. They should have been final confirmation vote by the Senate his 2001 Year-End Report on the Fed- confirmed last year. since last year. It is wrong to delay eral Judiciary, Chief Justice Rehnquist By repeating its obstruction and re- votes on these qualified, consensus ju- reiterated his critical comments from fusing to consent to votes on consensus dicial nominees. The Senate should be 1997 and 1998 when Senate Republicans nominees before the end of the year, helping to fill these numerous, ex- were responsible for stalling scores of Senate Republicans have again tended judicial vacancies, not delaying qualified, needed judicial appoint- ratcheted up the partisanship in con- final action for no good reason. ments. By the next year, Senate Demo- nection with filling judicial vacancies. Our courts need qualified Federal crats had completed confirmations of While once Republican Senators judges not vacancies, if they are to re- 100 of President Bush’s nominees and threatened to blow up the Senate to duce the excessive wait times that bur- reduced judicial vacancies throughout force votes on a handful of President den litigants seeking their day in the country to 60. By the end of the Bush’s most extreme ideological picks, court. It is unacceptable for hard- third year of the Bush administration, Senate Republicans now stall and working Americans who are seeking the Chief Justice reported that he was block even President Obama’s main- their day in Federal court to suffer un- pleased by the progress being made fill- stream, consensus nominees across the necessary delays. When an injured ing vacancies and focused his attention board. Those they delayed are the kind plaintiff sues to help cover the cost of on seeking to raise judicial salaries. of qualified, consensus nominees who medical expenses, that plaintiff should With respect to judicial vacancies, he

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.019 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S20 CONGRESSIONAL RECORD — SENATE January 23, 2012 noted that the Federal trial courts had If Republican Senators were con- cial nominees voted on by the Judici- only 27 vacancies. cerned about ensuring that our courts ary Committee who are by any meas- Regrettably, that progress is not have the judges they need to admin- ure consensus nominees be confirmed. being replicated despite President ister justice for the American people, With vacancies continuing at harm- Obama’s efforts to work with home they would not have refused consent fully high levels, the American people state Republican Senators and to for the Senate to consider qualified, and our Federal courts cannot afford nominate qualified, mainstream can- consensus judicial nominees. Repub- these unnecessary and damaging didates. A New York Times editorial licans’ consent is what was needed to delays. So while I am pleased to see from January 4, 2011, properly noted vote to fill these judicial vacancies and John Gerrard’s nomination voted on that Senate Republicans’ ‘‘refusal to support the Federal judiciary, to help today, there remain another 17 quali- give prompt consideration to non- them deal with what Chief Justice Rob- fied, consensus judicial nominees still controversial nominees’’ in 2010 was a erts calls ‘‘demanding dockets’’ and to being stalled from last year. ‘‘terrible precedent.’’ Regrettably, Sen- further public confidence in the integ- For the last two years in a row, Re- ate Republicans continued that tactic rity and responsiveness of our Federal publicans have rejected the Senate’s through 2011. They replicated the justice system. Instead, Senate Repub- traditional, longstanding practice of blockade of consensus judicial nomi- licans’ refusal to confirm 18 qualified, taking final action on consensus nominees they had conducted at the end of consensus judicial nominees before ad- nations before the end of the Senate 2010 by again blocking consensus nomi- journing last year, reminds me of the session. Senate Democrats consented nees across the board at the end of 2011. Republican pocket filibusters that to consider all of the consensus nomi- At the end of 2010, they blocked 17 judi- blocked more than 60 of President Clin- nations at the end of President Rea- cial nominees who should have been ton’s judicial nominations from Senate gan’s third year in office and President confirmed in 2010 but had to be carried consideration. George H.W. Bush’s third year in office, over for months before finally being When I became Chairman in 2001 and when no judicial nominations were left acted upon by the Senate. In 2011, Sen- made the Committee blue slip process pending on the Senate Executive Cal- ate Republicans ended the year need- public for the first time and worked to endar. That is also what the Senate did lessly stalling another 19 judicial confirm 100 judicial nominees of a con- at the end of the 1995 session, President nominees, including 18 who were by servative Republican President in 17 Clinton’s third year in office, when any measure consensus nominees, who months, I hoped we had gotten past only a single nomination was left pend- should have been confirmed. these partisan tactics. I am dis- ing on the Senate calendar. Their partisan tactics are at odds appointed after working for more than That is also what we did at the end of with the professed concern about case- a decade to restore transparency and President George W. Bush’s third year. loads that Republican Senators con- fairness to the process of considering Although some judicial nominations tended justified their filibuster of judicial nominations that Senate Re- were left pending, they were among the Caitlin Halligan and prevented a vote publicans are again using partisan most controversial, extreme and ideo- on her nomination to the D.C. Circuit. holds to block progress at filling judi- logical of President Bush’s nominees. The Washington Times’ banner head- cial vacancies. They had previously been debated ex- line last December 7th correctly pro- If Republican Senators were con- tensively by the Senate. The standard claimed that with the Senate Repub- cerned about ensuring that our courts then was that noncontroversial judicial lican filibuster of that nomination have the judges they need to admin- nominees reported by the Judiciary ‘‘GOP Ends Truce on Judicial Hope- ister justice for the American people, Committee were confirmed by the Sen- fuls.’’ Of course, if caseloads were real- they would do what Democrats did dur- ate before the end of the year. That is ly what mattered to Senate Repub- ing President Bush’s first term. During the standard we should have followed licans, they would not have blocked President Bush’s first term we reduced in 2010 and 2011, but Senate Repub- the Senate from voting to confirm con- the number of judicial vacancies by al- licans would not. They set a new and sensus nominees to fill judicial emer- most 75 percent. When I became Chair- destructive standard to hold up quali- gency vacancies around the country. man in the summer of 2001, there were fied, consensus judicial nominees for If caseloads were really what 110 vacancies. By the time Americans no good reason. mattered to Senate Republicans, they went to the polls in November 2004 The Senate remains far behind where would have consented to consider the there were only 28 vacancies. Despite we should be in considering President nomination of Judge Adalberto Jordan 2004 being an election year, we were Obama’s judicial nominations. Three of Florida, which was reported unani- able to reduce vacancies to the lowest years into his first term, the Senate mously last October, to fill a judicial level in the last 20 years. has confirmed a lower percentage of emergency vacancy on the Eleventh In November of 2008, when I was President Obama’s judicial nominees Circuit. If they were really concerned Chairman with a Republican president, than those of any President in the last with caseloads, they would have con- we again reduced judicial vacancies to 35 years. The Senate has confirmed just sented to move forward to confirm only 37. I was willing to accommodate over 70 percent of President Obama’s Judge Jacqueline Nguyen of California, Senate Republicans and held expedited circuit and district nominees, with a well-qualified nominee to fill a judi- hearings and votes on judicial nomina- more than one in four not confirmed. cial emergency vacancy on the Ninth tions, even as late as September 2008. In stark contrast, the Senate con- Circuit, the busiest Federal appeals By working together, even in an elec- firmed nearly 87 percent of President court in the country. Judge Nguyen is tion year, we were able to reduce the George W. Bush’s nominees, nearly nominated to fill the judicial emer- number of judicial vacancies. nine out of every 10 nominees he sent gency vacancy that remains after an- It is wrong to dismiss the delays re- to the Senate over two terms. That was other Republican filibuster, that sulting from the Senate Republicans’ a higher percentage of judicial nomi- against the nomination of Goodwin obstruction as merely tit for tat. This nees confirmed than President Clinton Liu, now a Supreme Court Justice in is a new and damaging tactic Senate achieved and is far higher percentage California. If they cared about case- Republicans have devised. They are than for President Obama’s nominees, loads, they should also have consented stalling action on noncontroversial most of whom are mainstream, con- to votes on the nominations of Michael nominees and have been doing so for sensus choices. Fitzgerald to the Central District of the last three years. Meanwhile, mil- We remain well behind the pace set California, David Nuffer to the District lions of Americans across the country by the Senate during President Bush’s of Utah, Miranda Du to the District of who are harmed by delays in overbur- first term. By the end of his first term, Nevada, Gregg Costa to the Southern dened courts bear the cost of this ob- the Senate had confirmed 205 district District of Texas, and David struction. and circuit nominees. At the beginning Guaderrama to the Western District of I had hoped and urged that such dam- of his fourth year in office, the Senate Texas, all nominations to fill judicial aging obstruction not be repeated. I had lowered judicial vacancies to 46 emergency vacancies in our Federal had urged that before the Senate ad- and already confirmed 168 of his judi- trial courts. journed last year at least the 18 judicial nominees. In contrast, the Senate

VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.006 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S21 has confirmed only 124 of President ican jobs. Stealing and counterfeiting tration. We incorporated revised defini- Obama’s district and circuit nominees, are wrong. They are harmful. The In- tions suggested by Senator WYDEN. We leaving judicial vacancies at more than stitute for Policy Innovation estimates held additional hearings to which we 80. The vacancy rate remains nearly that copyright infringement alone invited Google and Yahoo!. And we re- double what it had been reduced to by costs more than $50 billion a year, and drafted the legislative measure and re- this point in the Bush administration. the sale of counterfeits online is esti- introduced it as The Preventing Real Senate Republicans have returned to mated to be several times more costly. Online Threats to Economic Creativity the strategy of across-the-board delays The AFL–CIO estimates that hundreds and Theft of Intellectual Property Act, and obstruction of the President’s judi- of thousands of jobs are lost to these more commonly known as the PRO- cial nominations, again leading to per- forms of theft. TECT IP Act. Senator GRASSLEY joined sistently high judicial vacancies. In And this is not just an economic and as an original cosponsor. I continued to 2009, the Senate was allowed to confirm jobs problem for Americans. This is a work with all who showed interest. The only 12 Federal circuit and district consumer safety issue. According to a measure was reported unanimously court judges, the lowest total in 50 study released earlier this year, a cou- years. In 2010, the Senate was allowed ple dozen websites selling counterfeit from the Judiciary Committee in May to confirm 48 Federal circuit and dis- prescription drugs had more than 2011, and 40 Senators from both sides of trict judges. That has led to the lowest 141,000 visits per day, on average. Coun- the aisle have cosponsored it. It is rare confirmation total for the first two terfeit medication, brake linings and that editorial boards with divergent years of a new presidency in 35 years. other products threaten Americans’ viewpoints such as The Wall Street As a result, judicial vacancies rose safety. These are serious concerns. Journal and The Washington Post again over 110 and stayed at about 90 These are the concerns I have kept in agree on a problem and legislative ap- for the longest period of historically mind over the last several years as I proach. As I have already noted, this high vacancies in 35 years. have worked with Senators on both problem of foreign rogue websites en- Last year, we worked hard to over- sides of the aisle to help resolve these gaging in piracy, theft and counter- come filibusters and delays and im- serious problems. feiting is one such time. I ask that cop- prove the number of confirmations. I admire and respect the marvelous ies of the recent editorials from The They included 17 confirmations that advances of technology and, in par- Washington Post and The Wall Street should have taken place in 2010 but ticular, those represented by the Inter- Journal be included in the RECORD at were delayed. That resulted in only 47 net. I have promoted its democratizing the conclusion of my remarks. judicial nomination confirmations impact around the world. I have fought The ACTING PRESIDENT pro tem- from hearings conducted last year. to keep the Internet free and open, as pore. Without objection, it is so or- Even including the 17 confirmations in it has become the incredible force that dered. last year’s total that should not have it is today. I have promoted its poten- been delayed from the previous year, tial for access in rural areas, for dis- Mr. LEAHY. Few issues unite the the total lags far behind the total in tance learning, for increasing points of United States Chamber of Commerce President Bush’s second year in office view and allowing all voices to be and the AFL–CIO; the National Asso- when the Senate Democratic majority heard and as a means for small start ciation of Manufacturers and the confirmed 72 Federal circuit and dis- ups and firms in Vermont and else- Teamsters; the cable industry and the trict court judges. It was lower than where to market quality products. Nor broadcast industry. By targeting the is this a newfound interest or passing the total in President Bush’s third year worst-of-the-worst and protecting the fancy. I started and chaired a Judiciary in office, when Senate Democrats integrity of the Internet, we have been worked with the Senate Republican Committee panel two decades ago on technology and the law and was a able to create a broad ranging coalition majority to confirm 68 Federal judges. of support of the PROTECT IP Act. And it was lower than the 66 Federal founder of the bipartisan, bicameral congressional Internet Caucus. Yester- Along with law enforcement groups, judges the Senate Democratic majority more than 400 companies, associations, confirmed in the last year of President day, The Washington Post got it right in its editorial entitled ‘‘Freedom on and unions have come together to sup- George H.W. Bush’s presidency during the Internet’’: port this targeted, bipartisan legisla- a presidential election year. tion to combat foreign rogue websites. The Senate starts this year with 18 A free and viable Internet is essential to qualified, consensus judicial nomina- nurturing and sustaining the kinds of revolu- Protecting American intellectual tionary innovations that have touched every property and the American jobs that tions that should have been confirmed aspect of modern life. But freedom and law- last year. Senate action on those 18 lessness are not synonymous. The Constitu- depend on it is important. Last year we qualified, consensus judicial nomination does not protect the right to steal, and were able to reform our patent laws to tions would have gone a long way to that is true whether it is in a bricks-and- unleash American innovators and help helping resolve the longstanding judi- mortar store or online.’’ boost our economic recovery. Now we cial vacancies that are delaying justice Last week, a Wall Street Journal edi- need to confront the threat to our eco- for so many Americans in our Federal torial was like-minded, noting: nomic recovery posed by Internet pi- courts across the country. I urge Sen- The Internet has been a tremendous engine racy. ate Republicans to abandon these de- for commercial and democratic exchange, but that makes it all the more important to As I have demonstrated throughout structive practices and join with us to police the abusers who hijack its architec- my service in the Senate and again confirm the qualified, consensus judi- ture. during the last two years, I have re- cial nominations they have stalled. . . . Without rights that protect the cre- mained flexible in terms of the legisla- This cycle of unnecessary delays must ativity and innovation that bring fresh ideas end. and products to market, there will be far tive language in order to best meet our Mr. President, I ask to proceed in fewer ideas and products to steal.’’ goals of stemming the criminality morning business to speak about an Two years ago, I announced a bipar- when protecting legitimate activities important effort to help the American tisan effort to target the worst-of-the- and guarding against doing anything to economic recovery and preserve Amer- worst of the foreign rogue websites undercut innovation or fetter free dis- ican jobs. that profited from piracy, stealing and cussion. I have urged those with con- The ACTING PRESIDENT pro tem- counterfeiting, while also ensuring cerns to come forward and to work pore. Without objection, it is so or- that we protect the Internet. I have with us. We adjusted the very defini- dered. been working since that time to do just tions in the bill to narrow them as Sen- PROTECT IP ACT, S. 968 that. In 2010, the bill that Senator ator WYDEN had suggested. I announced Mr. President, rogue websites, pri- HATCH and I introduced was reported two weeks ago that I took seriously marily based overseas, are stealing unanimously by the Senate Judiciary the concerns about the domain name American property, harming American Committee. system provisions and would fix it as consumers, hurting the American eco- I took seriously the views of all con- part of a manager’s amendment when nomic recovery and costing us Amer- cerned. I reached out to the adminis- the bill was considered by the Senate.

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.007 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S22 CONGRESSIONAL RECORD — SENATE January 23, 2012 I regret that the Senate will not be access to sites like YouTube, Twitter, are men and women of our National proceeding this week to debate the leg- Facebook or eBay. Nothing in PRO- Guard and military who put their lives islation, and any proposed amend- TECT IP requires anyone to monitor on the line for all of us every day, and ments. I thank the Majority Leader for their networks. Nothing in PROTECT for whom a counterfeit part can lit- seeking to schedule that debate on this IP criminalizes links to other websites. erally be a matter of life and death. serious economic threat. I understand Nothing in PROTECT IP imposes li- There are the seniors who are strug- that when the Republican leader re- ability on anyone. Nothing in PRO- gling to be able to afford medications cently objected and Republican Sen- TECT IP can be required without a and order from what appears to them ators who had cosponsored and long court order, first, and without pro- to be a reputable site, only to find that supported this effort jumped ship, he viding the full due process of our Fed- a foreign website has sent them an un- was faced with a difficult decision. My eral court system to the defendants be- tested counterfeit drug that will not hope is that after a brief delay, we will, fore a final judgment is rendered. I also control their blood pressure or diabetes together, confront this problem. Every- note that the guarantees of due process or heart problem. one says they want to stop the Internet provided in the PROTECT IP Act are At the end of the day, this debate piracy. Everyone says that they recog- those likewise provided every defend- boils down to a simple question. Should nize that stealing and counterfeiting ant in every Federal court proceeding Americans and American companies are criminal and serious matters. This in the United States, no less. The PRO- profit from what they produce and be is the opportunity for those who want TECT IP Act requires notice to the de- able to provide American jobs, or do we changes in the bill to come forward, fendant. If the plaintiff seeks an in- want to continue to let thieves oper- join with us and work with us. This is junction, the court must apply Federal ating overseas steal that property and the time to suggest improvements that Rule of Civil Procedure 65, which is the sell it to unsuspecting American con- will better achieve our goals. The PRO- standard for all courts in determining sumers? I hope that in the coming days TECT IP Act is a measure that has whether to issue an injunction, includ- the Senate will focus on stopping that been years in the making, and which ing whether to issue the injunction as theft that is undercutting our eco- has been twice reported unanimously a temporary restraining order for a nomic recovery. I remain committed to confronting this problem. And I appre- by the Senate Judiciary Committee to limited period of time. When stealing ciate the efforts of Senator KYL, Sen- better enforce American intellectual of copyrights are involved, such court ator ALEXANDER and others who want property rights and protect American orders can be made if, upon a factual to continue to work in a thoughtful consumers. It has been awaiting Senate showing, a court finds that serious manner with all interested parties to action since last May. Today the rogue harm would otherwise occur and it is find an effective solution to eliminate foreign websites based in Russia that in the public interest to do so while the online theft by foreign rogue websites. are stealing Americans’ property are case is more fully considered. I thank those Senators who called me delighted to continue their operations The PROTECT IP Act is directed at in Vermont and back here this past and counterfeiting sweatshops in China the foreign websites that are the worst- week when I got back to Washington to are the beneficiaries of Senate delay. of-the-worst thieves of American intel- offer their help—Senators on both sides People need to understand that the lectual property and operate from out- PROTECT IP Act would only affect of the aisle. It means a lot. side the United States and the jurisdic- I know the senior Senator from Ne- websites that have been judged by a tion of our courts. These website opera- braska is waiting to speak about the federal court to have no significant use tors prey on American consumers, judicial nominee from his State. I will other than engaging in theft whether steal from our creators and economy, say what I said to him privately be- through stolen content or the selling of but are currently beyond the jurisdic- cause I know this is his last year in the counterfeits. It is narrowly targeted at tion of U.S. courts. Senate. I have always enjoyed working the worst-of-the-worst. Websites that The Obama administrative officials with him. He has worked hard. He has have some infringing content on their were right in a recent post saying ‘‘ex- represented the people of his State sites but have uses other than profiting isting tools are not strong enough to well. He has been very honest in his from infringement are not covered by root out the worst online pirates be- dealings with me. He has been diligent the legislation. Websites like yond our borders.’’ They called on Con- with respect to judicial nominations Wikipedia and YouTube that have obvi- gress ‘‘to pass sound legislation this for vacancies in Nebraska. He has tire- ous and significant uses are among year that provides prosecutors and lessly pressed to fill vacancies there to those that would not be subject to the rights-holders new legal tools to com- ensure cases before the Federal court provisions of the bill. That Wikipedia bat online piracy originating beyond are not needlessly delayed. He did that and some other websites decided to ‘‘go U.S. borders while staying true to the to protect everybody in Nebraska, Re- dark’’ on January 18 was their choice, principles outlined. . . . We should publicans and Democrats, to make sure self imposed and was not caused by the never let criminals hide behind a hol- the courts are open for them. legislation and could not be. low embrace of legitimate American I am sorry the confirmation of Jus- It was disappointing that sites linked values.’’ That is what we are trying to tice Gerrard, one he so strongly sup- to descriptions of this legislation that do with the PROTECT IP Act. ported, has been so needlessly delayed were misleading and one-sided. The What the PROTECT IP Act does is for more than 3 months, but I say to Internet should be a place for discus- provide tools to prevent websites oper- the people of Nebraska they are very sion, for all to be heard and for dif- ated overseas that do nothing but traf- fortunate to have been represented by ferent points of view to be expressed. fic in infringing material or counter- the senior Senator from Nebraska, my That is how truth emerges and democ- feits from continuing to profit from pi- friend BEN NELSON, who has been there racy is served. Last week, however, racy with impunity. The Internet needs fighting for them. He fought for the many were subjected to false and in- to be free, but not a lawless market- people of Nebraska every day from the cendiary charges and sloganeering de- place for stolen commerce and not a day he took the oath of office. This signed to inflame emotions. I am con- haven for criminal activities. may be his last year here, but based on cerned that while critics of this legisla- In the flash of interest surrounding past performance I think it is safe to tion engage in hyperbole about what this bill last week, those who were for- say he will fight for Nebraska right up the bill plainly does not do, organized gotten were the millions of individual until the moment that adjournment crime elements in Russia, in China, artists, the creators and the companies bell sounds. and elsewhere who do nothing but ped- in Vermont and elsewhere who work Mr. President, I ask unanimous con- dle in counterfeit products and stolen hard every day only to find their works sent a January 19 article from the Wall American content are laughing at their available online for free, without their Street Journal and a January 22 article good fortune that congressional action consent. There are factory workers from the Washington Post be printed in is being delayed. whose wages are cut or jobs are lost the RECORD. Nothing in PROTECT IP can be used when low-quality counterfeit goods are There being no objection, the mate- to cut off access to a blog. Nothing in sold in place of the real thing they rial was ordered to be printed in the PROTECT IP can be used to shut off worked so diligently to produce. There RECORD, as follows:

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.020 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S23 [From the Wall Street Journal, Jan. 19, 2012] and our parent company, News Corp., sup- government censorship and threatened the BRAKE THE INTERNET PIRATES ports the bills as do most other media con- viability and security of the Internet. The tent companies.) protests culminated last week in a remark- Wikipedia and many other websites are Moreover, SOPA is already in its 3.0 able, largely unprecedented protest during shutting down today to oppose a proposal in version to address the major objections. which sites such as Wikipedia temporarily Congress on foreign Internet piracy, and the Compromises have narrowed several vague went dark. Millions of individuals—many of White House is seconding the protest. The and overly broad provisions. The bill’s draft- them armed with distorted descriptions of covert lobbying war between Silicon Valley ers also removed a feature requiring Internet the bills—phoned, e-mailed and used social and most other companies in the business of service providers to filter the domain name networks to demand that they be quashed. intellectual property is now in the open, and system for thieves—which would have meant Whether it was democracy in action or this fight could define—or reinvent—copy- basically removing them from the Internet’s spinelessness by cowed lawmakers, the cam- right in the digital era. phone book to deny consumer access. But paign worked. House and Senate leaders said Everyone agrees, or at least claims to the anti-SOPA activists don’t care about they would pull back the bills for further agree, that the illegal sale of copyrighted these crucial details. consideration. While a temporary breather and trademarked products has become a The e-vangelists seem to believe that any- may be helpful, lawmakers should not aban- world-wide, multibillion-dollar industry and body is entitled to access to any content at don the quest to curb the multibillion-dollar a legitimate and growing economic problem. any time at no cost—open source. Their real problem that is overseas online piracy. This isn’t college kids swapping MP3s, as in ideological objection is to the concept of Some opponents will fight any regulation the 1990s. Rather, rogue websites set up shop copyright itself, and they oppose any legal of the Internet. This should not be accept- overseas and sell U.S. consumers bootleg regime that values original creative work. able. A free and viable Internet is essential movies, TV shows, software, video games, The offline analogue is Occupy Wall Street. to nurturing and sustaining the kinds of rev- books and music, as well as pharmaceuticals, Information and content may want to be olutionary innovations that have touched cosmetics, fashion, jewelry and more. free, or not, but that’s for their owners to de- every aspect of modern life. But freedom and Often consumers think they’re buying cop- cide, not Movie2k.to or LibraryPirate.me or lawlessness are not synonymous. The Con- ies or streams from legitimate retail enter- MusicMP3.ru. The Founders recognized the stitution does not protect the right to steal, prises, sometimes not. Either way, the tech- economic benefits of intellectual property, and that is true whether it is in a bricks-and- nical term for this is theft. which is why the Constitution tells Congress mortar store or online. The tech industry says it wants to stop to ‘‘promote the Progress of Science and use- such crimes, but it also calls any tangible ef- ful Arts by securing for limited Times to Au- The PRESIDING OFFICER (Mr. fort to do so censorship that would ‘‘break thors and Inventors the exclusive Right to COONS). The Senator from Nebraska. the Internet.’’ Wikipedia has never blacked their respective Writings and Discoveries’’ Mr. NELSON of Nebraska. I thank itself out before on any other political issue, (Article I, Section 8). my colleague, the esteemed chair, for nor have websites like Mozilla or the social The Internet has been a tremendous engine such kind remarks. I wish they were news aggregator Reddit. How’s that for for commercial and democratic exchange, universally believed by all. This is the irony: Companies supposedly devoted to the but that makes it all the more important to kind of introduction my father would free flow of information are gagging them- police the abusers who hijack its architec- have enjoyed but my mother would selves, and the only practical effect will be ture. SOPA merely adapts the current ave- to enable fraudsters. They’ve taken no com- nues of legal recourse for infringement and have believed. I appreciate so very parable action against, say, Chinese repres- counterfeiting to new realities. Without much his kind comments. sion. rights that protect the creativity and inno- The Nebraska Supreme Court tempo- Meanwhile, the White House let it be vation that bring fresh ideas and products to rarily stayed the execution of one pris- known over the weekend in a blog post—how market, there will be far fewer ideas and oner, a Carey Dean Moore, because a fitting—that it won’t support legislation products to steal. full evidentiary record was before it in that ‘‘reduces freedom of expression’’ or another immediately pending case, [From the Washington Post, Jan. 22, 2012] damages ‘‘the dynamic, innovative global State v. Mata, which was referred to by Internet,’’ as if this describes the reality of MEGAUPLOAD SHOWS ONLINE COPYRIGHT my friend and colleague from Alabama, Internet theft. President Obama has finally PROTECTION IS NEEDED Senator SESSIONS. That case chal- found a regulation he doesn’t like, which (By Editorial Board) lenged the constitutionality of electro- must mean that the campaign contributions By most measures, the Web site of Google and the Stanford alumni club are Megaupload was a 21st-century success cution as a method of execution. It did paying dividends. story, with 50 million daily visitors and $175 not challenge, it did not deal with, and The House bill known as the Stop Online million in profits. According to the Obama was not associated with whether or not Piracy Act, or SOPA, and its Senate coun- administration, it was also an ‘‘international to have a death penalty. It was not terpart are far more modest than this cyber organized crime enterprise.’’ challenging the death penalty but the tantrum suggests. By our reading they would In an indictment last week, the Justice De- methodology of a death penalty. create new tools to target the worst-of-the- partment accused the company and several worst black markets. The notion that a The court had to determine whether of its principals of conspiracy, racketeering a prisoner should be executed depend- SOPA dragnet will catch a stray Facebook and vast violations of copyright law. The post or Twitter link is false. loss to copyright owners of movies, tele- ing on whether that question was soon Under the Digital Millenium Copyright Act vision programs, entertainment software and answered. The temporary stay was of 1998, U.S. prosecutors and rights-holders other content: some $500 million. The gov- issued and the other case decided as a can and do obtain warrants to shut down ernment calls this the largest criminal copy- matter of State constitutional law. rogue websites and confiscate their domain right case in the nation’s history. The court, by a vote of 6 to 1, deter- names under asset-seizure laws. Such powers Megaupload maintained servers in the mined that execution as a method—and stop at the water’s edge, however. SOPA is United States and relied on U.S.-registered I emphasize ‘‘a method’’ of electrocu- meant to target the international pirates domain names, allowing U.S. prosecutors to that are currently beyond the reach of U.S. tap domestic laws to shutter the business. tion—violated prohibitions against law. But what if the Web site had been run using cruel and unusual punishment, which The bill would allow the Attorney General only foreign-based servers and foreign-reg- is the purview of the court to make to sue infringers and requires the Justice De- istered domain names? U.S. law enforcers that determination where there is a partment to prove in court that a foreign would have had a difficult if not impossible question of dealing with the Constitu- site is dedicated to the wholesale violation time stopping the alleged wrongdoing. tion. of copyright under the same standards that That reality, of course, is what gave rise to The court was clear that the death apply to domestic sites. In rare cir- the Protect IP Act (PIPA) and its House penalty remained valid in Nebraska. cumstances private plaintiffs can also sue for counterpart, the Stop Online Piracy Act remedies, not for damages, and their legal (SOPA), which proposed to give the Justice No writ of certiorari had been taken. tools are far more limited than the AG’s. Department and copyright owners the legal The Nebraska Legislature changed the If any such case succeeds after due process reach and muscle to thwart overseas theft of method of execution to lethal injec- under federal civil procedure, SOPA requires American intellectual property. SOPA was tion, and the execution of Moore, Mata, third parties to make it harder to traffic in fatally flawed, with vague provisions that and others will be carried out accord- stolen online content. Search engines would could have made legitimate Web sites vul- ingly. be required to screen out links, just as they nerable to sanctions. PIPA was more meas- As a matter of fact, the court has set remove domestic piracy or child pornog- ured, allowing action against a site only if a a date of execution for a prisoner to be raphy sites from their indexes. Credit card federal judge concluded it was ‘‘dedicated executed on March 6. This same court and other online financial service companies to’’ profiting from the unauthorized peddling couldn’t complete transactions. of others’ work. set dates of execution while I was Gov- (Obligatory housekeeping: We at the Jour- Still, Internet giants such as Google railed ernor on three occasions, and they nal are in the intellectual property business, against the bills, arguing they sanctioned were carried out. Judge Gerrard was a

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.008 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S24 CONGRESSIONAL RECORD — SENATE January 23, 2012 member of the court at that time and are proceeding with this nomination, cess at least 10 days before the Presi- had no objections to the executions. It which I will support, despite the Presi- dent has invoked this power. is the methodology that the court dent’s actions on recess appointments. Other parts of the Constitution be- dealt with. During the last session we acted re- yond Article II, Section 2 show that It is important to recognize that in sponsibly in considering the Presi- these purported appointments are in- the Moore case the issue was not dent’s nominees. Even the Majority valid. Article I, Section 5 provides, whether the death penalty itself was Leader acknowledged this. He stated, ‘‘Each House may determine the Rules constitutional; it was whether a par- ‘‘We have done a good job on nomina- of its Proceedings. . . .’’ ticular means of execution was con- tions the last couple of months. Actu- In December and January, we pro- stitutional. Those are completely dif- ally, in the last 3 months, we have ac- vided that we would be in session every ferent questions. complished quite a bit.’’ 3 days. The Senate was open and pro- Senator SESSIONS claims that Judge I will have more to say about the re- vided the opportunity to conduct busi- Gerrard stayed the defendant’s execu- cess appointments. But with regard to ness. That business included passing tion in the light of ‘‘a changing legal this nomination I hope my colleagues legislation and confirming nomina- landscape.’’ However, it is not uncom- understand that even though we are tions. In fact, the Senate did pass legis- mon for a court, when presented with proceeding under regular order today, lation, which the President signed. Ac- different cases involving related issues, it is only because this unanimous con- cording to the Constitution—each to withhold ruling on any one case sent agreement was locked in before House—not the President determines until all of the related issues are re- the President demonstrated his mon- whether that House is in session. The solved. Therefore, the Moore order re- archy mentality by making those ap- Senate said we were in session. The flects a pragmatic decision to wait pointments. I am not going to hold this President recognized that fact by sign- until both cases could be resolved. nominee accountable for the out- ing legislation passed during the ses- I agree with Senator SESSIONS that rageous actions of the President. sion. this is about the duty of a judge to be However, as this is a matter of con- Article I, Section 5 also states, ‘‘Nei- faithful to the law and to serve under cern to my Republican colleagues, as it ther House, shall, during the session of the law. However, I strongly disagree should be for all Senators, we must Congress, without the consent of the with Senator SESSIONS’ characteriza- consider how we will respond to the other, adjourn for more than 3 tion of Judge Gerrard as an activist President and restore a Constitutional days. . . .’’ The other body did not con- judge. Judge Gerrard has written 450 balance. Since the adoption of the sent to our recess for more than 3 days. opinions in his 15-plus years on the Ne- unanimous consent agreement gov- No concurrent resolution authorizing braska Supreme Court. The U.S. Su- erning the nomination before us, Presi- an adjournment was passed by both preme Court concluded in a previous dent Obama has upset the nominations chambers. Under the Constitution, we case that the U.S. Supreme Court and process. Article II, Section 2 of the could not recess for more than 3 days. the Nebraska Supreme Court have held Constitution provides for only two We did not do so. The President’s erro- in a related matter that the death pen- ways in which Presidents may appoint neous belief that he can determine alty is not cruel and unusual. Judge certain officers. whether the Senate was in session Gerrard would have no difficulty fol- First, it provides that the President would place us in the position of acting lowing that binding precedent. As a nominates, and by and with the advice unconstitutionally. If he is right, we matter of fact, he has. He has no per- and consent of the Senate, appoints recessed for more than 3 days without sonal beliefs that would prevent him various officers. Second, it permits the the consent of the other body. By from enforcing the death penalty. In President to make temporary appoint- claiming we were in recess, the Presi- fact, he has authored several opinions ments when a vacancy in one of those dent effectively dares us to say that we and voted to affirm the convictions and offices happens when the Senate is in failed to comply with our oath to ad- sentences of defendants who have actu- recess. On January 4, the President here to the Constitution. Yet, it is the ally been sentenced to death. made four appointments. They were President who made appointments Judge Gerrard believes the death purportedly based on the Recess Ap- without the advice and consent of the penalty is an acceptable form of pun- pointments Clause. He took this action Senate while the Senate was in session. ishment. He understands the signifi- even though the Senate was not in re- It is the President who has violated the cant difference between a judge on a cess. This action is of the utmost seri- Constitution. court of last resort interpreting State ousness to all Americans. Of course, the President does not court constitutional law and a Federal These appointments were blatantly admit that he violated the Constitu- district judge who follows U.S. Su- unconstitutional. They were not made tion. He has obtained a legal opinion preme Court precedent. with the advice and consent of the Sen- from the Office of Legal Counsel at his I reiterate for the record, Judge ate. And they were not made ‘‘during own Department of Justice. Gerrard is held in the highest regard by the recess of the Senate.’’ That opinion reached the incredible both the bench and the bar in Ne- Between the end of December and conclusion that the President could braska. He has earned an ‘‘AV’’ today, the Senate has been holding ses- make these appointments, notwith- Martindale-Hubbell rating from his sions every 3 days. It did so precisely standing our December and January colleagues, and the American Bar Asso- to prevent the President from making sessions. That opinion is entirely un- ciation has deemed him ‘‘unanimously recess appointments. It followed the convincing. For instance, to reach its well-qualified’’ to serve on the U.S. dis- same procedure as it had during the conclusion that the Senate was not trict court. term of President Bush. Honoring the available as a practical matter to give I thank my colleague, Senator Constitution and the desire of the Sen- advice and consent, it relies on such JOHANNS from Nebraska, for his sup- ate President Bush declined to make unpersuasive material as statements port and his comments which I think recess appointments during these peri- from individual Senators. were also very supportive, clearly sup- ods. But President Obama chose to The text of the Constitution is clear. portive, of Judge Gerrard and the deci- make recess appointments despite the It allows no room for the Department sions. Clearly, he is not an activist existence of these Senate sessions. to interpret it in any so-called ‘‘prac- judge. In addition to being unconstitu- tical’’ way that departs from its terms. I yield the floor. tional, these so-called recess appoint- The Justice Department also mis- RECESS APPOINTMENTS ments break a longstanding tradition. applied a Judiciary Committee report Mr. GRASSLEY. Mr. President, just They represent an attempted presi- from 1905 on the subject of recess ap- over a month ago, on December 17, the dential power grab against this body. pointments. That report said that a Senate entered into a unanimous con- A President has not attempted to Senate ‘‘recess’’ occurs when ‘‘the Sen- sent agreement to consider the nomi- make a recess appointment when Con- ate is not sitting in regular or extraor- nation of John M. Gerrard, of Ne- gress has not been in recess for more dinary session as a branch of the Con- braska, to be United States District than 3 days in many decades. In fact, gress, or in extraordinary session for Judge for the District of Nebraska. We for decades, the Senate has been in re- the discharge of executive functions;

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.022 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S25 when its Members owe no duty of at- pressly prohibit, the danger arises that That opinion, and her total deviation tendance; when its Chamber is empty; his advisers will feel pressure to say from the statements she made during when, because of its absence, it can not that the Constitution does not stand in her confirmation process, show ex- receive communications from the the way. At that point, a President is treme disrespect for the institution of President or participate as a body in no longer a constitutional figure with the Senate and the constitutional sepa- making appointments.’’ limited powers as the founders in- ration of powers. I gave the President Obviously, that report does not sup- tended. Quite the contrary, the Presi- and Ms. Seitz the benefit of the doubt port the Department of Justice. During dent looks more and more like a king in voting to confirm her nomination. these days, the Senate was sitting in that the Constitution was designed to However, after reading this misguided session. It could discharge executive replace. and dangerous legal opinion, I am sorry functions. The Chamber was not This OLC opinion reflects the the Senate confirmed her. It’s likely to empty. It could receive communica- changes that have occurred in the rela- be the last confirmation she ever expe- tions. It could participate as a body in tionship between the Justice Depart- riences. making appointments. In fact, it sat in ment and the President on the question The Constitution outlines various regular session and passed legislation. of presidential power. Formerly, the powers that are divided among the dif- There is nothing in the 1905 report Justice Department gave legal advice ferent branches of our Federal govern- that justifies the President sub- to the President based on an objective ment. Some of these powers are vested stituting his judgment for the Senate’s reading of texts and judicial opinions. in only one branch, such as granting regarding whether the Senate is in ses- It was not an offshoot of the White pardons or conducting impeachment sion. In any event, a Senate Judiciary House Counsel’s office. proceedings. Other powers are shared, Committee report from 1905 does not This more objective view of the lim- such as passing and signing or vetoing govern the United States Senate; in its of Presidential power also provided bills. The appointment power is a 2012. The Senate; as constituted today; a level of protection for individual lib- shared power between the President and the Congress. When one party decides its rules and proceedings. erty, the principle at the core of our turns a shared power into a unilateral The Department is on shaky legal constitutional separation of powers. power, the fabric of the Constitution is ground when it claims that ‘‘whether The President might refuse to accept itself violated, and a response is called the House has consented to the Sen- the advice. He might choose to fire the for. ate’s adjournment of more than 3 days officer who gave him advice with which In Federalist 51, Madison wrote that does not determine the Senate’s prac- he disagreed. He could seek to appoint the separation of powers is more than a tical availability during a period of pro a new officer who would provide the ad- philosophical construct. He wrote that forma sessions and thus does not deter- vice he preferred. But he risked paying the ‘‘separate and distinct exercise of mine the existence of a ‘Recess’ under a political price for doing so. An offi- the different powers of government’’ is the Recess Appointments Clause.’’ cial who thought that loyalty to the ‘‘essential to the preservation of lib- There is no basis—none—for treating Constitution exceeded his loyalty to erty.’’ the same pro forma sessions differently the President could refuse to comply, The Framers of the Constitution for the purposes of the 2 clauses. The at great personal risk. That is what El- wrote a document that originally con- Department simply cannot have it both liot Richardson did during the Satur- tained no Bill of Rights. They believed ways. day Night Massacre of the Watergate that liberty would best be protected by The Justice Department’s opinion era. preventing government from harming contains other equally preposterous ar- During the Reagan Administration, liberty in the first place. That was the guments. For instance, the opinion OLC issued opinions that concluded reason for the separation of powers. claims that the Administration’s prior that the President lacked the power to They designed a working separation of statements to the Supreme Court— undertake certain acts to implement powers through checks and balances to through former Solicitor General Elena some of his preferred policies. The ensure a limited government that pro- Kagan—that recess appointments can President did not undertake those uni- tected individual rights. Madison be made only if the Senate is in recess lateral actions. wrote, ‘‘Ambition must be made to for more than 3 days are somehow dis- President Obama originally sub- counteract ambition. The interest of tinguishable from its current opinion, mitted a nominee for OLC that was the man must be connected with the or that the pocket veto cases do not wholly objectionable. The Senate had constitutional rights of the place.’’ apply. good reason to believe that she would That is what the Framers intended in Or even if they did, the ‘‘fundamental not interpret the law without regard to a case such as this. When the President rights’’ of individuals that the courts ideology. We refused to confirm her. unconstitutionally usurped the power described in those cases include the The President ultimately withdrew of the Senate, the Senate’s ambition right of the President to make recess her nomination and nominated instead would check the President’s. In this appointments. Virginia Seitz. We asked important way, the Constitution is preserved. The There was a time when Presidents be- questions at her confirmation hearing power of the government is limited. lieved that they could take action only and thorough questions for the record. And the liberties of the people are pro- when the law gave them the power to Ms. Seitz responded that OLC should tected. But the Framers did not antici- do so. They obtained advice from the adhere to its prior decisions in accord- pate the modern Presidency. It took Justice Department on the question ance with the doctrine of stare decisis. Justice Jackson’s famous concurrence whether there was legal authority to And she stated that if the administra- in the Youngstown case to address justify the action they wished to take. tion contemplated taking action that presidential powers in today’s world. But Theodore Roosevelt started to she believed was unconstitutional, she When the Judiciary Committee held its change the way Presidents viewed would not stand idly by. Relying on confirmation hearings on President power. He believed that the President those assurances, the Senate confirmed Bush’s Supreme Court nominations, could do anything so long as the Con- Ms. Seitz. my friends on the other side of the stitution did not explicitly preclude Ms. Seitz is the author of this wholly aisle posed many questions about the him from acting. When he used that erroneous opinion that takes an un- Jackson concurrence. That opinion theory to create wildlife refuges precedented view of the Recess Ap- sheds light on these so-called recess ap- against a rapidly expanding industrial pointments Clause. And I suppose it is pointments. base, there was no objection. But a literally true that Ms. Seitz did not For instance, President Obama ar- dangerous precedent was set. When he stand idly by when the administration gued in a nationally televised rally claimed that he could make recess ap- took unconstitutional action: rather, that his actions were justified because pointments during a ‘‘constructive re- she actively became a lackey for the ‘‘[e]very day that Richard [Cordray] cess’’ of the Senate, the Senate re- administration. She wrote a poorly waited to be confirmed . . . was an- jected this view in that 1905 report. reasoned opinion that placed loyalty to other day when millions of Americans When a President thinks he can do the President over loyalty to the rule were left unprotected.... And I refuse anything the Constitution does not ex- of law. to take ‘no’ for an answer.’’

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.017 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S26 CONGRESSIONAL RECORD — SENATE January 23, 2012 Justice Jackson anticipated these recess appointments but who stand idly Mr. GRASSLEY. Mr. President, John hyperbolic statements. He wrote: ‘‘The by as President Obama makes recess M. Gerrard is nominated to be United tendency is strong to emphasize the appointments without a recess? States District Judge for the District transient results upon policies.... I remind my colleagues of my experi- of Nebraska. Judge Gerrard received and lose sight of enduring con- ences as chairman or ranking member his B.S. degree from Nebraska Wes- sequences upon the balanced power of the Finance Committee. I refused to leyan University in 1975 and his J.D. structure of our Republic.’’ President process nominees to positions that from Pacific McGeorge School of Law Obama has definitely let transient pol- passed through that committee to in 1981. icy goals overtake the Constitution. whom President Bush gave recess ap- He began his legal career in private His argument is that the end justifies pointments. That is how I used the au- practice as an associate for the Ne- the means. thority that I had to protect the rights braska law firm of Jewell, Otte, Gatz, His argument is that he can say no to of the Senate. Collins & Domina. A year later, Judge the Constitution. Or, in essence, that I do not believe we should let the Gerrard joined in a new law firm where the Constitution does not apply to him. powers vested in the elected represent- he conducted primarily a general liti- But the Constitution demands that the atives of the American people slip gation practice. In 1990, Judge Gerrard means justify the ends, and that adher- through our fingers because we place and two partners formed a new law of- ence to established procedure is the partisan interests above the Constitu- fice. For the next 5 years, before being best protection for liberty. A monarch tion. I have shown how the Framers appointed to the bench, he engaged in or a king could say no to the Constitu- understood that supposedly expedient an active trial practice and adminis- tion. But under our Constitution, the departures from the Constitution trative law/school law practice. President may not. It is the Constitu- risked individual liberty. The constitu- In 1995, then-Governor Nelson ap- tion, and not the President, that re- tional text in this situation is clear. It pointed Judge Gerrard to the Nebraska fuses to take no for an answer. must be upheld. We must take appro- Supreme Court. He has been retained Justice Jackson was also aware that priate action to see that it is done. (by election) in 1998, 2004, and 2010. He the modern President’s actions ‘‘over- Nor should we wait for the courts. has written roughly 480 opinions, 450 of shadow any others [and] that, almost Although the NLRB appointments which are published. The opinions alone, he fills the public eye and ear.’’ are already the subject of litigation, we cover a variety of legal issues, includ- By virtue of his influence on public should take action ourselves rather ing homicide appeals, tort issues, and opinion, he wrote, the President ‘‘ex- than rely on others. The stakes are too evidentiary disputes. While serving on erts a leverage upon those who are sup- high. On the other hand, even the OLC the State’s highest court, Judge posed to check and balance his power opinion recognizes, as it must, the liti- Gerrard has served on a number of which often cancels their effective- gation risk to the President. committees, including those focusing ness.’’ For more than 200 years, Presidents on issues pertaining to gender, race Some people believe that President have made very expansive claims of and the judicial system. Obama challenged the Senate for par- power under the Recess Appointments The American Bar Association tisan purposes. But Justice Jackson Clause. The President and the Senate Standing Committee on the Federal understood the true partisan dynamic have worked out differences to form a Judiciary has rated Judge Gerrard with that is now playing out. He recognized working government. a unanimous ‘‘Well Qualified’’ rating. that the President’s powers are polit- Now, the Obama administration Mr. President, I suggest the absence ical as well as legal. Many presidential seeks to upend these precedents and of a quorum. powers derive from his position as head that working relationship. It may well The PRESIDING OFFICER. The of a political party. Jackson wrote: find, as did the Bush administration, clerk will call the roll. ‘‘Party loyalties and interests some- that when overbroad claims of presi- The assistant legislative clerk pro- times more binding than law, extend dential power find their way to court, ceeded to call the roll. his effective control into branches of that not only does the President lose, Mr. GRASSLEY. Mr. President, I ask government other than his own, and he but that expansive arguments of presi- unanimous consent that the order for often may win, as a political leader, dential power that had long been a part the quorum call be rescinded. what he cannot command under the of the public discourse can no longer be The PRESIDING OFFICER. Without Constitution.’’ Finally, he concluded, made. objection, it is so ordered. ‘‘[O]nly Congress itself can prevent Although I believe that this ironic Mr. GRASSLEY. Mr. President, I ask power from slipping through its fin- result will ultimately occur here as for the yeas and nays. The PRESIDING OFFICER. Is there a gers.’’ well, the Senate must defend its con- Outside these walls, in the reception stitutional role on its own, as intended sufficient second? There appears to be a sufficient sec- room, are portraits of great Senators of by the framers of the Constitution that ond. we all swore an oath to uphold. the past. The original portraits were The yeas and nays were ordered. Mr. KYL. Mr. President, important selected by a committee that was head- Mr. CONRAD. Mr. President, I yield questions have been raised about Judge ed by then Senator John F. Kennedy. back all time on our side. They included such figures as Webster, Gerrard’s willingness to follow estab- The PRESIDING OFFICER. All time Clay, Calhoun, LaFollette, and Taft. lished precedent in a reasoned way in has expired. Yes, these Senators were partisans. death-penalty cases. Too often, the The question is, Will the Senate ad- But they were selected because of the Senate has confirmed nominees who vise and consent to the nomination of role they played in maintaining the are hostile to the death penalty, and John M. Gerrard, of Nebraska, to be unique institution that is the Senate in who then abuse their authority and United States District Judge for the our constitutional system. In par- twist the law to block the execution of District of Nebraska? ticular, they protected the Senate and legally sound capital sentences that The yeas and nays have been ordered. the country from the excessive claims have been entered by State courts. In The clerk will call the roll. of presidential power that were made his December 15, 2011, written response The assistant legislative clerk called by the chief executives of their time. to questions posed to him by Senator the roll. Where are such Members today? SESSIONS, however, Judge Gerrard as- Mr. DURBIN. I announce that the Where is a member of the President’s sured the Senate that he ‘‘would have Senator from North Carolina (Mrs. party today who is like a more recent no difficulty’’ in following ‘‘binding HAGAN), the Senator from New Jersey Senate institutionalist—Robert C. precedent’’ in capital cases, and that (Mr. LAUTENBERG), the Senator from Byrd? He defended the powers of the he has ‘‘no personal beliefs that would Connecticut (Mr. LIEBERMAN), the Sen- Senate when Presidents overreached— prevent [him] from enforcing the death ator from Maryland (Ms. MIKULSKI), even Presidents of his own party. penalty.’’ I take Judge Gerrard at his and the Senator from Vermont (Mr. Where are the Members who recognized word and thus will vote in favor of con- SANDERS) are necessarily absent. that our sessions every 3 days rightly firming his nomination to be a United Mr. KYL. The following Senators are prevented President Bush from making States district judge. necessarily absent: the Senator from

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.020 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S27 Georgia (Mr. CHAMBLISS), the Senator ask the assistant leader something, I yield the floor. from South Carolina (Mr. GRAHAM), the and this is a matter of accommodation. The PRESIDING OFFICER. The Sen- Senator from Utah (Mr. HATCH), the We have two speakers on the Repub- ator from Oregon is recognized. Senator from North Dakota (Mr. lican side and two on the Democratic Mr. WYDEN. Mr. President, Senator HOEVEN), and the Senator from Illinois side. Would he be amenable to entering DURBIN speaks for every Member of the (Mr. KIRK). into an order to lock in the order and Senate. Senator KIRK is such a decent, Further, if present and voting, the go back and forth? caring, and thoughtful man, and all of Senator from Utah (Mr. HATCH) would Mr. DURBIN. I have no objection. us enjoy working with him in the Sen- have voted ‘‘yea.’’ May I have some suggestion about the ate on various kinds of bills. Godspeed, The PRESIDING OFFICER (Mr. time for each? Senators WYDEN and Senator KIRK, for a healthy recovery. MANCHIN). Are there any other Sen- MORAN want to speak. We are thinking of you tonight and you ators in the Chamber desiring to vote? Mr. WYDEN. Mr. President, I think are in our prayers. I am very glad the The result was announced—yeas 74, that is a reasonable request. Senator senior Senator from Illinois has re- nays 16, as follows: MORAN and I, who have teamed up on flected the concerns of everybody from Internet policy, wish to speak for a few [Rollcall Vote No. 1 Ex.] his home State tonight. minutes, if we could follow each other. f YEAS—74 We plan to be brief. The Senator from Akaka Durbin Merkley Illinois will be brief. Is that accept- THE INTERNET Alexander Enzi Moran Ayotte Feinstein Murkowski able? Mr. WYDEN. Mr. President, I want to Barrasso Franken Murray Mr. CORNYN. I ask whether the Sen- take a few minutes with Senator Baucus Gillibrand Nelson (NE) ator from Illinois would agree that fol- MORAN tonight to reflect on the events Begich Grassley Nelson (FL) lowing his comments I be recognized Bennet of the last few days with respect to the Harkin Portman for 10 minutes, and then go back and Bingaman Heller Pryor Internet legislation. I want to begin by Blumenthal Hutchison Reed (RI) forth. thanking Majority Leader HARRY REID Blunt Inouye Reid (NV) Mr. DURBIN. Mr. President, here is for reopening the debate on Boxer Johanns Roberts what I suggest to the Senator from Brown (MA) Johnson (SD) anticounterfeiting and copyright pro- Rockefeller Brown (OH) Kerry Texas. Senator WYDEN and Senator Schumer tection legislation. In pulling the Pro- Burr Klobuchar MORAN already asked for time. I only tect IP Act from the floor, Leader REID Cantwell Kohl Shaheen ask for 3 minutes to speak about Sen- Cardin Kyl Snowe has given the Senate an opportunity to ator KIRK, and then I will turn it over Carper Landrieu Stabenow get this policy right. The Senate now Casey Leahy Tester to them. I will not speak at length. has the opportunity to consult all of Thune Coats Levin After they have spoken—can the Sen- the stakeholders, including the mil- Cochran Lugar Udall (CO) Udall (NM) ator suggest a time? lions of Internet users who were heard Collins Manchin Mr. WYDEN. Five or 10 minutes each. Conrad McCain Warner last week. The Senate has the oppor- Coons McCaskill Webb We will be brief. tunity to ensure that those exercising Corker McConnell Whitehouse Mr. DURBIN. And then we will go their first amendment rights through Crapo Menendez Wyden back to the Senator’s side. Is that fair? the Internet, those offering innovative NAYS—16 Mr. CORNYN. Yes. Mr. DURBIN. I ask unanimous con- products and services, and those look- Boozman Johnson (WI) Shelby ing for new mediums for sharing and Coburn Lee Toomey sent that that be the order. Cornyn Paul Vitter The PRESIDING OFFICER. Without expression, have their voices heard. DeMint Risch Wicker objection, it is so ordered. I also express my appreciation to Inhofe Rubio Senator MORAN. He is an impassioned f Isakson Sessions advocate for job creation and innova- NOT VOTING—10 SENATOR MARK KIRK tion on the Net—the first on the other Chambliss Hoeven Mikulski Mr. DURBIN. Mr. President, we have side of the aisle to join me in this Graham Kirk Sanders been gone for 6 weeks or so. It is great cause. My colleague, Senator CANT- Hagan Lautenberg to see our colleagues back here. A lot WELL from Washington State, who is as Hatch Lieberman of things have been exchanged about knowledgeable as anybody in public The nomination was confirmed. what we did back home during the service about technology, and Senator The PRESIDING OFFICER. Under break, but the focal point of most con- RAND PAUL, who is a champion of the the previous order, the motion to re- versations on the floor this evening has Internet as a place where those who consider is considered made and laid been, rightfully, about my colleague, look at the Net as a marketplace of upon the table, and the President will Senator MARK KIRK. Most everybody ideas, stand together and approach pol- be immediately notified of the Senate’s knows now he suffered a stroke over icy in an innovative way. action. the weekend, and he underwent surgery Last week, tens of millions of Ameri- f in Chicago at Northeastern Hospital cans empowered by the Internet ef- fected political change here in Wash- LEGISLATIVE SESSION last night. All that I know about this comes ington. The Congress was on a trajec- The PRESIDING OFFICER. Under from a press conference his surgeon tory to pass legislation that would the previous order, the Senate will re- gave in Chicago today. We want to change the Internet as we know it. It sume legislative session. make it clear to MARK that he is in our would reshape the Internet in a way, in The Senator from Illinois is recog- thoughts and prayers, as is his family. my view, that would have been harmful nized. We all feel, to a person, that he will to our economy, our democracy, and f make a strong recovery. He is young our national security interests. and in good condition. He prides him- When Americans learned about all MORNING BUSINESS self on his service in the Naval Reserve this, they said no. The Internet enables Mr. DURBIN. Mr. President, I ask and stays fit to serve our country in people from all walks of life to learn unanimous consent that the Senate that capacity, as well as in the Senate. about the legislation and then take proceed to a period of morning busi- He has a tough, steep hill ahead of him, collective action to urge their rep- ness, with Senators permitted to speak but he is up to the task. resentatives in Washington to stop it. therein for up to 10 minutes each. If encouragement from a Democrat, So everybody asked, come Wednes- The PRESIDING OFFICER. Without as well as many Republicans, is what is day, what would happen? In fact, the objection, it is so ordered. needed, he has that. I want to let him American people stopped this legisla- f know, if the word is passed along to tion. Their voices counted more than him in his recovery, that his colleagues all the political lobbying, more than ORDER OF PROCEDURE in the Senate are focusing on his quick all of the advertising, more than all of Mr. CORNYN. Mr. President, reserv- recovery and are anxious for him to re- the phone calls that were made by the ing the right to object, can I kindly turn. heads and the executives of the movie

VerDate Mar 15 2010 04:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.010 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S28 CONGRESSIONAL RECORD — SENATE January 23, 2012 studios. Their voices were heard loud ess payments, serve advertisements and lo- like the Pirate Bay in Sweden. But these and clear. cate information online to end their support provisions could affect domestic Web sites Last week, the Congress did what the for the site in question. Copyright and trade- that are already covered by the 1998 Digital American people called for instead of mark owners would be able to follow up Millennium Copyright Act. That act has safe those court orders by seeking injunctions harbors protecting sites, like YouTube, that what the Washington insiders wanted. against payment processors and advertising may unknowingly host pirated content, as That is what I call real change. It was networks that do not comply. long as they take it down when notified. a grassroots victory for the history Cutting off the financial lifeblood of com- Another provision would allow the attor- books, and, as one commentator said, panies dedicated to piracy and counter- ney general to sue foreign sites that ‘‘facili- now we are in unexplored territory. feiting makes sense. A similar approach to tate’’ piracy, and to demand that domestic Here is why. Eight million of 162 mil- illegal online gambling has shown that it is search engines stop linking to them and that lion who visited Wikipedia took action technically feasible for payment processors Internet service providers redirect traffic. to influence their Member of Congress; to stop directing dollars from U.S. bettors to Experts have said this measure could be eas- gambling sites anywhere in the world. The ily overcome by users and warn that it could 7 million Americans signed Google’s operators of the largest online advertising undermine an industrywide effort to reduce petition to block consideration of networks say they can do the same, although hacking. Legislators should also think hard PIPA; hundreds of thousands of Ameri- they object to the bill’s proposal to let copy- about the message it would send to auto- cans called the Congress. In all, in just right and trademark owners seek injunctions cratic regimes like China’s, which outinely 1 day, more than 15 million Americans against them. block political Web sites. communicated with Congress and The main problem with the bill is in its ef- The House bill is right to focus on payment urged it to reject the Hollywood pro- fort to render sites invisible as well as un- systems and ad networks to cut off the posal to censor and censure the Inter- profitable. Once a court determines that a money to rogue Web sites. But like its Sen- site is dedicated to infringing, the measure ate companion, the ‘‘Protect IP’’ bill, it has net. would require the companies that operate serious problems that must be fixed. The 15 million Americans who took domain-name servers to steer Internet users The bill should be made to stipulate clear- action, who signed petitions, who pro- away from it. This misdirection, however, ly that all of its provisions are aimed only at vided their e-mail addresses and ZIP wouldn’t stop people from going to the site, rogue Web sites overseas. Foreign sites must Codes in a desire to be informed are because it would still be accessible via its be granted the same safe harbor immunity— now going to be watching us like never underlying numerical address or through and the bill must not open the door to pun- before. The 15 million who looked up overseas domain-name servers. ishments for domestic sites that abide by the and spoke up are not faceless and they A group of leading Internet engineers has 1998 digital copyright law. And rather than warned that the bill’s attempt to hide pi- encouraging credit card companies and ad- are not anonymous. They are people racy-oriented sites could hurt some legiti- vertising networks to pre-emptively cut off such as Frances Stewart of Maryland, mate sites because of the way domain names business to Web sites accused of wrongdoing, Nancy Linton from Oregon, Debbie can be shared or have unpredictable mutual a court order should be required before they Kearns from East Hartford, CT, and dependencies. And by encouraging Web con- take action. John Jewett of Colorado, who gave sumers to use foreign or underground serv- their names to Web sites around the ers, the measure could undermine efforts to [From the New York Times, June 8, 2011] country. They are joined by millions of create a more reliable and fraud-resistant INTERNET PIRACY AND HOW TO STOP IT domain-name system. These risks argue for other Americans who were raising con- Online piracy is a huge business. A recent Congress to take a more measured approach study found that Web sites offering pirated cerns for months before last week’s to the problem of overseas rogue sites. Web blackout and supporting the fili- digital content or counterfeit goods, like il- licit movie downloads or bootleg software, buster I announced here in the Senate [From the New York Times, Nov. 26, 2011] 1 record 53 billion hits per year. That robs the almost 1 ⁄2 years ago. GOING AFTER THE PIRATES industries that create and sell intellectual These 15 million citizen activists Online piracy is the bane of the Internet. products of hundreds of billions of dollars. were not the only ones saying the PRO- Still, bills proposed in the House and the The problem is particularly hard to crack TECT IP Act took the wrong approach. Senate have overreached. The legislation because the villains are often in faraway The New York Times and the Los An- needs to be tightened to protect intellectual countries. Bad apples can be difficult to pin geles Times—the hometown news- property without hindering online speech down in the sea of Web sites, and pirates can papers for the content industry—both and innovation. evade countervailing measures as easily as wrote editorials saying the legislation Forty billion music files were shared ille- tweaking the name of a Web site. gally in 2008, according to the International Commendably, the Senate Judiciary Com- overreached. I ask unanimous consent Federation of the Phonographic Industry, mittee is trying to bolster the government’s to have printed in the RECORD copies of amounting to 95 percent of all music power to enforce intellectual property pro- those articles. downloads worldwide. Three-quarters of the tections. Last month, the committee ap- There being no objection, the mate- video games released in late 2010 and early proved the Protect IP Act, which creates rial was ordered to be printed in the 2011 were shared illegally. new tools to disrupt illegal online commerce. RECORD, as follows: Musicians, moviemakers, authors and soft- The bill is not perfect. Its definition of ware designers are not the only victims. Pi- wrongdoing is broad and could be abused by [From the Los Angeles Times, June 7, 2011] racy’s cost is measured in less innovation companies seeking to use the law to quickly POLICING THE INTERNET and less economic activity, as creators lose hinder Web sites. Some proposed remedies A Senate bill aims to cut off support for hope of making a living from their creations. could also unintentionally reduce the safety any site found by the courts to be ‘dedicated’ Still, the definition of wrongdoing in the of the Internet. Senator Ron Wyden put a to copyright or trademark infringement. Its ‘‘Stop Online Piracy Act’’ introduced in the hold on the bill over these issues, which, he goals are laudable, but its details are prob- House is too broad. argued, could infringe on the right to free lematic. Under the bill, copyright owners could di- speech. The legislation is, therefore, in Hollywood studios, record labels and other rect payment providers like Visa and adver- limbo, but it should be fixed, not discarded. U.S. copyright and trademark owners are tising networks like Google’s to cut off busi- The bill defines infringing Web sites as pushing Congress to give them more protec- ness to a Web site simply by filing notice those that have ‘‘no significant use other tion against parasitical foreign websites that that the site—or ‘‘a portion’’ of it—‘‘engages than engaging in, enabling, or facilitating’’ are profiting from counterfeit or bootlegged in, enables or facilitates’’ intellectual prop- the illegal copying or distribution of copy- goods. The Senate Judiciary Committee has erty infringement or is being willfully blind righted material in ‘‘substantially complete responded with a bill (S 968) that would force to it. form’’—entire movies or songs, not just online advertising networks, credit card Accused Web sites would have only five snippets. companies and search engines to cut off sup- days to assert their innocence. And the pay- If the offender can’t be found to answer the port for any site found by the courts to be ment providers and ad networks could not be accusation (a likely occurrence given that ‘‘dedicated’’ to copyright or trademark in- sued by sites that were wrongly cut off, so most Web sites targeted will be overseas), fringement. Its goals are laudable, but its de- their easiest course of action might be to the government or a private party can seek tails are problematic. just comply with copyright owners’ requests. an injunction from a judge to compel adver- The global nature of the Internet has If copyright owners could starve a Web site tising networks and payment systems like spawned a profusion of websites in countries of money simply by telling a payment proc- MasterCard or PayPal to stop doing business that can’t or won’t enforce intellectual prop- essor that the site was infringing on intellec- with the site. erty law. Under S 968, if a website were tual property, the bill could stymie legiti- The government—but not private parties— deemed by a court to be dedicated to infring- mate speech. can use the injunction to compel Internet ing activities, federal agents could then tell The purpose of the legislation is to stop service providers to redirect traffic by not the U.S. companies that direct traffic, proc- business flowing to foreign rogue Web sites translating a Web address into the numerical

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.028 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S29 language that computers understand. And networks like Google’s to stop doing busi- the legitimate sharing of information they could force search engines to stop link- ness with sites they deemed infringing—with and protect the architecture and value ing to them. no penalties if they were proved wrong— of the Internet. I look forward to work- The broadness of the definition is particu- could stymie legitimate online expression. ing with my colleagues and a broad larly worrisome because private companies They made the case that the proposal to are given a right to take action under the make infringing Web sites ‘‘disappear’’ from cross-section of stakeholders to do bill. In one notorious case, a record label de- the Internet by forbidding search engines that. manded that YouTube take down a home from finding them or redirecting their Web I have proposed an alternative with video of a toddler jiggling in the kitchen to addresses to other Internet domains was Senator MORAN and Senator CANTWELL a tune by Prince, claiming it violated copy- easy to get around and could potentially un- here in the Senate. Chairman ISSA and right law. Allowing firms to go after a Web dermine efforts to stop hackers from doing Congresswoman LOFGREN have pro- site that ‘‘facilitates’’ intellectual property exactly the same thing. posed exactly that kind of alternative theft might encourage that kind of over- The Internet companies now have the re- in the House. It is called the OPEN reaching—and allow the government to sponsibility to come up with a workable al- black out a site. ternative that gives owners of intellectual Act. It is bipartisan. It is bicameral. It Some of the remedies are problematic. A property rights better tools to stop piracy by would allow us to go after the problem group of Internet safety experts cautioned Web sites located in faraway countries. of these rogue foreign Web sites while that the procedure to redirect Internet traf- These sites get some 53 billion visits a year, at the same time protecting what we fic from offending Web sites would mimic more than Google or Wikipedia. Yet they are value so greatly about the Internet. what hackers do when they take over a do- outside the grasp of American law. We are going to have more discus- main. If it occurred on a large enough scale The focus on cutting the financing of on- sions about this legislation and other it could impair efforts to enhance the safety line pirates, which features in the House and approaches in the future, but we now of the domain name system. Senate bills, is the right way to go. Sponsors This kind of blocking is unlikely to be very of both bills have moved to delete, at least have an opportunity to get this right. effective. Users could reach offending Web temporarily, provisions to make rogue Web To a great extent, that is possible be- sites simply by writing the numerical I.P. sites disappear. The legislation could be fur- cause of my colleague from Kansas who address in the navigator box, rather than the ther amended to narrow the definition of has joined me in this effort, the first on URL. The Web sites could distribute free criminality and clarify that it is only aimed the other side of the aisle to step up plug-ins to translate addresses into numbers at foreign sites. And it could tighten guaran- and join our efforts. I am very appre- automatically. tees of due process. Private parties must ciative of what he has done, and I look The bill before the Senate is an important first get a court order to block business with forward to his comments. a Web site they deem infringing on their step toward making piracy less profitable. I also thank the Senator from Texas, But it shouldn’t pass as is. If protecting in- copyrights. tellectual property is important, so is pro- We are happy that the drive to pass Mr. CORNYN, for his courtesies so that tecting the Internet from overzealous en- antipiracy legislation has slowed enough Senator MORAN and I, because of our forcement. that Congress might actually consider all its bipartisan work, could make these implications carefully. Lawmakers can now brief remarks. [From the New York Times, Jan. 18, 2012] act wisely to create tools that can help com- Mr. President, I yield the floor. ONLINE PIRACY AND POLITICAL OVERREACH bat the scourge of online piracy without ex- The PRESIDING OFFICER. The Sen- cessive collateral damage. For months, it seemed as if Congress would ator from Kansas. pass an online antipiracy bill, even though Mr. WYDEN. Mr. President, while the Mr. MORAN. Mr. President, I appre- its main weapons—cutting off the financing 15 million are no doubt pleased, as I ciate so much the remarks of the Sen- of pirate Web sites and making them harder am, that Majority Leader REID pulled ator from Oregon, Mr. WYDEN. to find—risk censoring legitimate speech and PIPA, they are waiting to see if we will It was a significant moment in my undermining the security of the Internet. now retrench into the old ways of brief time as a Member of the Senate But the unmovable corporations behind doing things—the old way where Sen- when, 3 months ago, Senator WYDEN those bills have run into an unstoppable force: an outcry by Internet companies led ators went behind closed doors and and I had a conversation here on the by Google and Wikipedia that culminated in wrote legislation with the help of well- Senate floor about this legislation, an extraordinary online protest on Wednes- healed lobbyists, the old way that has about PIPA and about SOPA and about day. eroded the trust America has with the the open Internet, and it was a moment Lawmakers have begun peeling away from Congress and the confidence that we in which Senator WYDEN found me the bills, notably Senators Marco Rubio, the are here on their behalf—or will the looking for ways in which I could be Florida Republican who cosponsored the Congress instead construct legislation engaged in the process of trying to cre- Senate version, and John Cornyn, the power- in a transparent way that responds to ate an environment in which entrepre- ful Texas conservative. They dropped out after Wikipedia’s English language site went our broad collective interests? The neurship flourished in the United dark and Google put a black bar on its home- American people want just that, and States. page on Wednesday. they deserve it. Among the lessons we I had been discouraged or disillu- The Protect I.P. Act would have easily should have learned from the events of sioned a bit by the lack of Congress’s passed the Senate last summer if not for a the past few weeks is the importance of and the President’s ability to find ways hold placed by Senator Ron Wyden, a Demo- letting the public in on what we are to reduce spending and to balance the crat of Oregon. The Stop Online Piracy Act, doing. budget, and while I don’t intend ever to introduced in the House in October, has also There are serious unintended con- walk away from those important lost some of its initial backers. And on Sat- urday, the White House released a statement sequences when Members of Congress issues, it became clear to me that an- warning that it would ‘‘not support legisla- and staff think they have all the another way we can reach a more bal- tion that reduces freedom of expression, in- swers and rush to construct and pass anced budget is to have a growing creases cybersecurity risk, or undermines legislation. There are clear virtues in economy. I started looking at research the dynamic, innovative global Internet.’’ prudence, deliberation, and even a lit- that would suggest how we get there. Though we are encouraged by legislators’ tle humility. I believe that is what our When Senator WYDEN presented this newfound caution about the potential con- constitutional Framers had in mind for thought to me about engaging on this sequences of the bills, Congress must keep the Senate. issue, it was one that made so much working on ways to curtail the growing business of foreign rogue Web sites trafficking in I know my colleagues are waiting, sense to me, and I am very grateful for counterfeit goods and stolen intellectual and I want to close with this. I harbor the partnership we have developed. property. no doubt that this Congress on a bipar- Senator WYDEN and I, as he said, in- The Internet industry was pitted against tisan basis can and should construct tended to speak this evening about our some of the best-honed lobbying groups, in- legislation to combat international concerns about the PROTECT IP Act cluding Hollywood and the recording studios, commerce in counterfeit merchandise prior to the bill being considered this the United States Chamber of Commerce and and content that infringes on copy- week on the Senate floor. But because the A.F.L.–C.I.O. The industry has made a rights. There is no question that sell- of the actions of millions of Americans good case that some of the definitions of wrongdoing—like ‘‘facilitating’’ intellectual ing fake Nikes or movies you don’t own in voicing their concerns about this property infringement—were overly broad. is a problem that needs to be ad- legislation, it is no longer necessary They said allowing property rights owners to dressed, but it can be done in ways that for us to throw procedural obstacles in direct payment companies like Visa and ad do not threaten speech, that allow for the way of the PROTECT IP Act, and I

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.013 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S30 CONGRESSIONAL RECORD — SENATE January 23, 2012 appreciate the majority leader with- America is a country of innovation shows that between 1980 and 2005, near- drawing his plan to hold a vote tomor- that was founded on freedom and op- ly all of the net jobs that were created row on this legislation. portunity, and that has been true since in the United States were created by Last week’s events in which we all the birth of our Nation when entre- companies less than 5 years old. In received so much input is a very good preneurs have strengthened our coun- fact, new businesses create about 3 mil- reminder of what a powerful tool the try and its economy by creating new lion jobs each year. Internet can be. It was encouraging to products and sharing them around the The Startup Act recognizes the job- see so many Americans get involved, world. Americans today still want the creating potential of entrepreneurs and particularly young Americans who opportunity to develop new products is based upon five progrowth principles: often choose not to be involved in the and to innovate in the marketplace. First, the Startup Act will reduce the process. But they saw something im- Because of the power of technology, regulatory burden on new businesses portant to them, and they knew ex- ideas that were once only imaginable and startups. actly how to communicate with elected have now become a reality. New businesses, which are almost al- officials. What became clear last week About 1 year ago, Google announced ways small, face a tough challenge was that Congress, in this issue and its that it was accepting applications from complying with the various rules and far-reaching implications, was not cities across the United States to de- regulations that govern business be- fully yet understood, and so to take a ploy a 1-gigabit Internet connection, havior. According to the U.S. Small pause, to take a step back and to re- which is roughly 100 times faster than Business Administration, companies consider the direction we were going what most users could experience with fewer than 20 employees spend 36 seems so appropriate to me. today. Last March, much to my delight percent more per employee than larger Congress has the responsibility to re- and the delight of many Kansans, firms to comply with Federal regula- main engaged and up to speed on all Google chose Kansas City as the Na- tions. issues, particularly those that so di- tion’s first Google Gigabyte City. In The president and CEO of the Na- rectly impact our economy. It is no tional Association for the Self-Em- easy task given that technology is con- fact, Kansas City was selected from more than 1,100 cities that had applied ployed, who endorsed the Startup Act, stantly evolving, but it is an important said this: task. Technology holds incredible and competed. Many people in the Kansas City area The majority of small businesses are enter- promise, from strengthening education, prises of 1–2 people. . . . Cutting down on to delivering health care more effi- were soon asking: What is actually possible with a gigabit Internet connec- some of the unnecessary red tape that new ciently, to allowing entrepreneurs to businesses must face means that the owner develop products that have yet to be tion? What happens when you connect can spend more time growing their business, invented. By remaining more engaged, an entire community with a gigabit hiring employees, and helping to turn our Congress will also be better able to Internet connection? Nation’s economy back around. The Startup enact public policies that encourage An organization called Think Big Act would help address these regulatory bur- Americans to innovate, create new Partners wanted to know the answer to dens faced by new companies. products, and strengthen the economy. those questions, so they put together a Reducing regulatory burdens means Last week’s decision to delay consid- competition called Gigabit Challenge. entrepreneurs will have more time and eration of PIPA was an important mo- The Gigabit Challenge was a project money to invest in their business and ment for many innovators and entre- based on an idea and a prediction. They to hire more workers. preneurs across America, and it was an predicted that when Americans are Secondly, the Startup Act creates outcome that my colleagues and I— given access to cutting-edge tech- tax incentives to help facilitate the fi- Senator WYDEN and others—sought to nology—in this case, one of the fastest nancing of new businesses so they can see occur. It is important also not just bandwidths in the world—new innova- get off the ground and grow more to entrepreneurs, though, but to people tions, new applications, and new prod- quickly. who are concerned about freedom and ucts would be created. So they chal- One of the greatest challenges for about the opportunity to use the Inter- lenged entrepreneurs and innovators to startups is accessing the necessary cap- net to communicate, the opportunity come up with products that will lever- ital to grow their business. The Start- for free speech. And certainly we had age this new network capacity and of- up Act provides capital gains and in- concerns about national security. My fered significant cash prizes for the come tax incentives to facilitate fi- concerns about the PROTECT IP Act three best ideas. nancing the new business at its critical can be summed up like this: Certain The response was overwhelming. Mr. juncture of firm growth. Helping entre- provisions in this legislation will President, 113 ideas were submitted preneurs attract investment and retain threaten free speech, innovation, and from 5 continents, 7 countries, and 22 greater share of the company’s profits our national security. States. The list was eventually nar- will lead to job growth. I am adamantly opposed to legisla- rowed down to 17 companies that pre- Third, the Startup Act recognizes tion that tampers with the Internet se- sented last week to a distinguished that innovation drives the American curity, specifically the Domain Name panel of judges. I had the opportunity economy. System. Internet engineers have to join Think Big Partners in Kansas Some of the best minds in the world worked for 15 years to develop a way to City last week for part of that event, work and study at American univer- authenticate the sites we visit to make and I was impressed, so impressed, by sities. The innovation that occurs on sure they are secure and to enhance what I saw. I congratulate the prize campuses across the Nation contribute commerce on the Internet. At a time winners tonight who competed, and I to the strength and vitality of our when our Nation faces increasing num- congratulate all who competed and economy. To speed up the movement of bers of cyber attacks from abroad, brought new ideas to the table. new technologies to the marketplace PIPA and SOPA would create signifi- The Gigabit Challenge underscores where they can propel economic cant security risks and set America the fact that Americans want to inno- growth, the Startup Act uses a portion back more than a decade. vate, and Congress should encourage of existing Federal research and devel- Second, both PIPA and SOPA would innovation rather than create new hur- opment funding to support innovative create new liabilities because of vague dles for American creators and projects at American universities in definitions in the bills that would drag innovators. One of the most important order to accelerate and improve the companies into unnecessary and pro- things Congress can do to encourage commercialization of cutting-edge longed litigation. We don’t need more innovation is to make it easier for en- technologies developed through faculty legal battles. Congress should not put trepreneurs to start a business. research. When more good ideas make in place a system that would force law- Last month, Senator WARNER and I their way out of the laboratory and abiding innovators to utilize their lim- introduced bipartisan legislation called into the marketplace, more businesses ited resources in the courtroom to de- the Startup Act to jump-start the and more jobs are created. fend themselves rather than invest in economy through creation and growth Fourth, the Startup Act encourages their companies, develop new products, of new businesses. Data from the pro-growth State and local policies and hire new workers. Kauffman Foundation in Kansas City through the publication of reports on

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.029 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S31 new business formation and the entre- speech and an open Internet, great budget because it is the discipline that preneurial environment in States. things can once again happen in the comes with a budget where you decide I am proud that Kansas City leaders United States of America. Our econ- what is absolutely essential, you decide recognize the importance of policies omy can flourish and grow. what you want to have that you maybe that support entrepreneurs. Last year, It is so important that what occurred could put off for another day, and it area leaders declared that Kansas City this week, with the legislation not pro- forces you to reach the conclusion in should be called ‘‘America’s Most En- ceeding, sets the stage for greater op- some instances that things you would trepreneurial City,’’ given their efforts portunities for Americans across our like to do are simply unaffordable. Un- to encourage entrepreneurship. country to have a dream, to pursue it, fortunately, the majority leader has Better policies at the State and local to succeed, to spend their time pur- simply resisted those hard decisions. level will create more opportunities for suing that dream, and in achieving That is regrettable. entrepreneurs to open businesses and their dreams they have the oppor- As a member of the Budget Com- put Americans to work. tunity to create success for others. mittee, I was especially disappointed Finally, the Startup Act will help I urge my colleagues to work with that the Budget Committee, the very win the global battle for talent by me. Let us work together. Our country purpose of which is to debate and pass keeping entrepreneurial-minded and cannot wait until after another elec- a budget, did not debate one this last highly skilled workers in the United tion to get the economy growing again. year. The majority leader, when asked States. I yield the floor. about this in the press, said that it For too long, our Nation’s immigra- The PRESIDING OFFICER. The Sen- would be foolish for the majority to tion policies have turned away Amer- ator from Texas. produce a budget. I suspect he wanted ican-educated talent and sent highly- f to protect his Democratic Members skilled individuals back to their home SENATOR MARK KIRK from some tough votes and tough deci- country where they competed against sions. But that is what we were sent America. Rather than lose that talent, Mr. CORNYN. Mr. President, I join here for, to make hard but important we need to keep those highly-skilled my colleague from Illinois in express- decisions on behalf of our constituents individuals and potential job creators ing our concerns about the junior Sen- and the American people, even if they in the United States. ator from Illinois, Senator KIRK, who, are tough votes and even if they are The Startup Act recognizes the job- unfortunately, suffered a medical inci- unpopular decisions. That is our re- creating potential of entrepreneurial dent, has had surgery, and is now responsibility. But under the leadership covering in Chicago. We know once and highly-skilled immigrants, and of Senator REID the Senate has com- provides additional opportunities for again we are reminded that life is short pletely abdicated that responsibility those who are here legally on a tem- and it is fragile. It could happen to any for now 1,000 days. one of us or our families or anyone we porary basis to stay if they have the Nothing could be more foolish or care about and love. I know all of us high-tech skills our economy needs or foolhardy than refusing to provide the extend our sympathy and our well are willing and able to create jobs for Nation’s job creators, investors, and, wishes to Senator KIRK as he begins his Americans. yes, the taxpayers, with a blueprint for convalescence and recovery from this Highly-skilled workers will fuel our fiscal future. How is it that the surgery and this medical incident that growth at technology startups and en- majority can continue to shrink from he has experienced. trepreneurial immigrants will employ the most basic responsibilities of gov- Americans. f erning? I am amazed sometimes. Peo- Business and industry leaders across THE BUDGET ple say they want to serve in public of- the country are speaking out about the Mr. CORNYN. Mr. President, I wish fice. They like the prestige, perhaps, importance of innovation and entrepre- the visibility, the power that goes neurship. Gary Shapiro, the President to observe that tomorrow night the President of the United States will along with it. Yet when it comes to ac- and CEO of the Consumer Electronics tually discharging their responsibil- Association, said this: make his annual State of the Union Address to Congress. This signals, of ities and making tough decisions, they As a country we must do more to support course, the beginning of the annual may say, no, I don’t want to make any- and foster innovation and entrepreneurial- body mad. ism, and the introduction of the Startup Act budget and appropriations process. But is an important step forward. what has not happened for too long is But that is what we were sent here the Senate passing a budget for the for. It is our responsibility. It is plain Dr. Robert Atkinson, the President fact that the American people cannot and Founder of the Information Tech- Federal Government. In fact, tomorrow, the same day the President will afford to have this body continue pay- nology & Innovation Foundation ing just lip service to fiscal sanity echoed those remarks. He said: speak to the Nation, it will be the 1,000th day since the budget was passed while seeing our fiscal ship so off keel. The United States is at risk of losing its It should come as no surprise that economic leadership and vitality and it is es- by the Senate. That day was April 29, sential for policymakers to unite in prac- 2009. As the facts would reveal, it is our during this period of time we have not tical ways to reverse this trend. The Startup Democratic friends, led by the major- had a budget for the Federal Govern- Act is a commendable example of what is ity leader, Senator REID, who have re- ment, the Nation has spent $9.4 tril- needed to restore U.S. innovation-based com- sisted bringing a budget to the floor for lion. And $4.1 trillion has been added to petitiveness. amendment and debate and a vote. the national debt, if you account for The millions of Americans who spoke I believe with all my heart that is the fact that the President recently out last week against a bill that would one of the reasons why the American asked for another $1.2 trillion in addi- stifle innovation on the Internet under- people hold the Congress in such low tional borrowing authority. The na- stand the importance of this too. regard. It is because we have failed in tional debt has grown to more than $15 Fostering innovation and promoting our most basic responsibilities, now for trillion and is now larger than the entrepreneurship are not Republican or more than 1,000 days. None of us can whole U.S. economy, our gross domes- Democrat ideas they are American val- imagine a family or small business op- tic product. Government spending has ues. erating without a budget. It is un- reached a post-World War II record and What occurred last week is a re- thinkable. I suspect there are not now makes up 25 percent of the econ- minder to all of us in this Senate about many, if any, small businesses that do omy. That is just government spending the leadership that is necessary. Again, not sit down and do the hard work of alone. The average has been somewhere I congratulate Senator WYDEN for pro- working out a budget. A budget, after around 20 percent of our gross domestic viding that leadership. With good lead- all, is a matter of priorities. As the dis- product. Now it is up to about 25 per- ers in Washington, DC, and with the tinguished occupant of the chair knows cent. American people who understand in as a former Governor, there is no way Unfortunately, because the economy many instances better than we often do a State, a city, a county, a small busi- is so depressed, revenues are around 15 the value of entrepreneurship, of free ness, or a family can get by without a percent, hence a 10-percent annual

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.012 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S32 CONGRESSIONAL RECORD — SENATE January 23, 2012 budget deficit which, as it accumu- displaces investment in the private ica deserve better, and they are telling lates, adds to our national debt. sector. Slower economic growth means us in unequivocal terms that they As we all know, our Nation has lost fewer jobs. According to Christina think the country is on the wrong its triple-A credit rating from Stand- Romer, former chair of the White track. How could they possibly believe ard & Poor’s, casting further doubt House Council of Economic Advisers, a otherwise? When my constituents about the solvency of the U.S. Govern- 1-percent change in gross domestic know Washington borrows 40 cents out ment and our commitment to pay our product growth is equivalent to 1 mil- of every dollar it spends and knows the debts. All three major rating agencies lion jobs a year. national debt is a job-killing economic have assigned a negative outlook, I would recall, back during the time liability for the country, how would something short of a downgrade, but the administration proposed its stim- they say the country is on the right they have issued a warning to those ulus to try to get the economy moving track when clearly it is not. Every who lend money to the U.S. Govern- again—$787 billion plus interest, rough- man, woman, and child in my State ment that they have a negative out- ly $1 trillion—they projected growth of and across the country is roughly look on the Nation’s long-term rating. the economy during 2011–2012 to be $49,000 in debt, and that has increased This is a signal too that future down- roughly 4.3 percent of gross domestic by almost 40 percent since President grades are more likely in the near fu- product, a 4.3-percent growth. Unfortu- Obama took office in 2009. ture. You know what happens when the nately, in the third quarter of 2010, The unemployment rate in Texas, rating agencies downgrade our debt; it which is the last quarter for which while, thankfully, is lower than the na- is more expensive for the Federal Gov- some numbers are available, the econ- tional rate, consistently remains above ernment to borrow money. omy grew at a rate of 1.8 percent—not what it was since the last time the Indeed, I have read that over a 10- 4.3 percent but 1.8 percent. Senate passed a budget. The unemploy- year period of time, a 1-percent in- So the warning sound has clearly ment rate in Texas is 20 percent higher crease in the cost of paying China or been heard. The fiscal tsunami that than it was when the administration somebody to buy our debt, in terms of many budget experts predicted could told Texans that its stimulus plan a return on that investment, a 1-per- suddenly arise is fast approaching. It is would make sure the national rate cent increase over 10 years is roughly a challenge that faces the country would not go above 8 percent. $1.3 trillion. So even if we were to cut today, not tomorrow, and we need solu- Well, if we go back and look at the $1.3 trillion, suffering a 1.3-percent in- tions today. But it takes leadership projections—they said it would not go crease in the cost of persuading some- and it takes courage. All we have to do above 8 percent, and by the first quar- body to buy our debt would negate and is look across the Atlantic Ocean and ter in 2012 it would be 6 percent—clear- wipe out any savings by a cut. watch what many of our European ly, they were off the mark, and the I fear the failure to pass a budget is friends are going through today to see stimulus failed to meet the administra- simply a recipe for more debt and more what happens when government spend- tion’s own stated goals. out-of-control spending. While the ma- ing and debt are allowed to grow un- My constituents also believe, with jority has abdicated its responsibility checked. When governments and na- some justification, the national debt is to pass a budget, as required by law, tions live beyond their means and con- a national security risk. ADM Mike and even refused to bring it to the tinue to rack up debt, passing it on to Mullen, former Chairman of the Joint floor, the House has acted responsibly their children and grandchildren, at Chiefs of Staff, said the debt is the sin- and has passed its own budget. But in- some point the creditors of that na- gle biggest threat to our national secu- stead of offering their own blueprint in tion, the holders of that sovereign rity. It struck me as unusual to hear the Senate, the majority leader and the debt, lose confidence in the ability of the Chairman of the Joint Chiefs of majority party have simply those nations to actually pay it back Staff saying it is our financial condi- demagogued the House budget. and we see the kind of sovereign debt tion that is our national security We have seen that from the President crisis like we are seeing in Europe threat. But when we think about it, if of the United States. Ultimately, Sen- today. America cannot pay its debt back, if ator REID brought the House budget up All of these challenges require Presi- we experience a sovereign debt crisis, if for a vote on the floor, knowing it dential leadership, but I am confident the interest demanded by our creditors would fail because it actually reduced we will not hear the President talking goes through the roof—as we have seen spending, it continued much-needed about these issues tomorrow. The for Italian bonds and other bonds over tax relief, and it put the Government President has had multiple opportuni- in Europe—it means we will not have on a diet, something the Federal Gov- ties to embrace bipartisan fiscal over- the money to pay not only for the safe- ernment sorely needs. haul plans such as the one produced by ty net programs that are important for The Senate also had an opportunity his own bipartisan debt commission, the most vulnerable of Americans and to finally vote on the budget submitted the Simpson-Bowles commission. Un- keep our commitments for Social Secu- by the President last year. This was fortunately, the President has chosen rity and Medicare, it means we will not something that was prompted by ac- to ignore the work of his own debt be able to protect the national security tion of Senator MCCONNELL, the Repub- commission. of the United States, which is the No. lican leader, because our friends across Over the past 2 years we have also 1 responsibility of the Federal Govern- the aisle did not, apparently, even noted an explosion in the number of ment. want to vote on the President’s pro- Federal regulations which have further Secretary of State Hillary Clinton posed budget. But while there was sup- created uncertainty in the economy has said the debt ‘‘undermines our ca- port for the House budget, not one Sen- and caused the entrepreneurs and job pacity to act in our own interest . . . ator on either side of the aisle sup- creators to sit on the sidelines not and it also sends a message of weak- ported the President’s budget. It went knowing what the cost is going to be of ness internationally.’’ down 97 to 0, which was quite a re- their doing business, whether their My constituents know that success- markable vote. Even my colleagues on business model will actually work or ful debt reduction measures must rely the other side of the aisle realized that whether in addition to taxes, regula- on spending cuts, not tax increases, the budget submitted by the President tion, and the cost of health care they and that economic growth is one of the was an irresponsible budget, one that can actually break even, much less main goals. Right now, if we don’t act would increase taxes, increase spend- make a profit. Well, it is no coinci- before the end of the year, due to expiring, and increase debt. dence because of the higher debt, run- ing tax provisions we will see the sin- We know that higher debt leads to away regulations, and the threat of gle highest tax bill in American his- slower economic growth. Economic higher taxes that we have experienced tory, almost $5 trillion more by some studies have shown that high levels of the weakest economic recovery since estimates. government debt inhibit economic World War II, leaving millions of For example, the State and local growth by creating economic uncer- Americans without jobs. sales tax deduction—my State doesn’t tainty about the economy, about tax My constituents—all 25 million of have an income tax, and income taxes increases, and it actually crowds out or them in Texas—and everyone in Amer- are deductible under Federal tax law,

VerDate Mar 15 2010 02:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.031 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S33 but State sales taxes are not right now The bill now moves to the House More than ever, their services are but for the provision that will expire where it also enjoys bipartisan support, crucial to countless homeowners in Ne- by the end of the year. This is an im- and both Governors of both States sup- vada. FGC provides access to free fi- portant issue to my constituents and a port this bill. They will then be al- nancial, housing, and bankruptcy coun- matter of fundamental fairness. lowed to build the bridge they want. seling, debt management, downpay- In 2009, 2.1 million taxpayers in Texas There has been questions raised ment assistance, and financial literacy claimed almost $4 billion in deduc- about whether this creates some kind programs that are essential to making tions. According to tax comptroller of precedent under the Scenic Rivers our communities more financially Susan Combs, extending the sales tax Act. This is a very unique situation. It sound. The Financial Guidance Center deduction will benefit millions of Tex- has taken us a year to pass. We are in should be proud of its enduring resolve ans who are working hard to keep our a situation where any new bridge to provide families with the important Nation’s economy vibrant. would need an exemption to the Scenic tools that contribute to a healthy com- I am proud my State has been a bea- Rivers Act. munity. con from the economic standpoint of We are pleased this bill is getting Selected by the Las Vegas Chamber opportunity where people have voted passed today. I don’t believe anyone be- of Commerce as the 2010 Non-Profit of with their feet, and they have moved lieved we could have done this unani- the Year, FGC has remained dedicated from places where they don’t have jobs mously after 30 years of work, but to- to helping Americans get back on their and don’t have opportunities to Texas night we are getting it done. feet, reach their housing goals, and at- where they do. It is no coincidence that I yield the floor. tain much needed financial sustain- as a result of the most recent reappor- f ability in trying economic times. tionment, Texas got four new congres- TRIBUTE TO ADRIENNE POWERS I am pleased to stand today in rec- sional seats. This is primarily due to Mr. REID. Mr. President, I rise today ognition of the Financial Guidance people moving to where the oppor- to honor Adrienne Powers, who re- Center and their many contributions to tunity is. It makes perfect sense. cently retired as Head Interior De- Nevada and Utah, and I wish them con- Why would we want to do anything signer for the Architect of the Capitol tinued success in the years to come. that would threaten the economy of at the end of last year. Texas or any other State of the Union? Many on Capitol Hill join my wife, f We know the President will give an- Landra, and me in expressing a sincere other speech to the American people and warm congratulations on a well- TRIBUTE TO JHETT JOHNSON tomorrow night, and he will send his earned retirement to Adrienne. Al- budget—as required by law—to Con- Mr. BARRASSO. Mr. President, though her stylistic genius and sensi- today I wish to honor a true American gress early next month. At this time, tivity to the integrity and history of the American people will be able to see Cowboy, Jhett Johnson. At the Wran- the walls and floors of the Capitol will gler National Finals Rodeo in Las for themselves if we have a leader who be missed, she has left an indelible possesses the audacity to bring us to- Vegas, Jhett and his teammate, Turtle mark that will not be forgotten. Powell, took home the gold buckle in gether to right the ship or one who will In 1984, after receiving her Bachelor’s the team roping competition after 10 lead us down a path that has brought degree in interior design from Amer- rounds of competition against the best the economies of Europe to the brink ican University, Adrienne began her of economic disaster and a permanent career as an interior designer with the of the best. lower standard of life. Architect of the Capitol. Her first as- Those of us in Wyoming talk about I yield the floor. signment was to style the legendary the Code of the West. As a sixth-gen- The PRESIDING OFFICER. The Sen- Senator Moynihan’s third floor office eration Wyoming rancher and now a ator from Minnesota. in the Russell Senate Office Building. world champion rodeo cowboy, Jhett Ms. KLOBUCHAR. Mr. President, I After impressing Senator Moynihan Johnson personifies the code. He lives ask to speak as if in morning business with her ornate style and keen eye for each day with courage, takes pride in for 2 minutes. fine art, other Senators quickly sought his work, and rides for the brand. Jhett The PRESIDING OFFICER. Without her services for their offices as well. has demonstrated this in all aspects of objection, it is so ordered. This trend continued until she recently his life, not just his rodeo career. When f retired, making her one of the most still in his twenties, Jhett survived cancer. He approached his illness, and ST. CROIX BRIDGE popular figures among Members on both sides of the aisle and Capitol. his recovery, by living the code. He Ms. KLOBUCHAR. Mr. President, we One would struggle to find some part wanted to finish what he started, and are about to pass unanimously the St. of the Capitol that has not been im- he intended to do what needed to be Croix bill. It is something we have been proved by Adrienne’s immense talent done. He knew that there were hun- working on very hard—the two Sen- and impeccable taste. After 27 remark- dreds of rodeos ahead of him, and he ators from Minnesota, myself, Senator able years balancing history and pur- wasn’t going to let cancer slow him FRANKEN, Senator JOHNSON, as well as pose, she leaves behind an indebted down. Senator KOHL—to get through the Sen- community on Capitol Hill that will We can all learn from Jhett Johnson ate. forever remember her friendship, pro- and his teammate, Turtle Powell. This bill allows a bridge to be built fessionalism and dedication. Team roping is not an individual sport. that has been waiting for 30 years. It is You must trust your partner. Team f a bridge that exists now and is a beau- roping takes in incredible amount of tiful bridge, but it is falling apart. RECOGNIZING THE FINANCIAL practice and skill, but you must ac- Pieces of the bridge have fallen into GUIDANCE CENTER knowledge that sometimes you catch the St. Croix River. It is a bridge that Mr. REID. Mr. President, I rise today one and sometimes you don’t. Com- is expected to take 18,000 cars a day, to honor the Financial Guidance Cen- peting requires miles and miles of trav- and the Department of Transportation ter, FGC, a nonprofit organization that el to rodeos across our great Nation, and the State of Minnesota believe has remained steadfast in its commit- which means time away from family very strongly we need a new bridge. ment to providing financial literacy and loved ones. This legislation allows the bridge to services to all Nevadans. When he is not rodeoing, Jhett en- move forward. I appreciate all of the This year marks 40 years of empow- joys training horses on the family help from my colleagues on both sides ering Nevadans by providing quality fi- ranch near Casper, WY. He is the de- of the aisle. They have helped me to nancial and credit counseling. FGC is a voted husband to Jenny and father to work on this legislation over the last HUD-approved housing counseling three sons, Kellan, Carson, and Cress. few months. Senator COBURN had some agency, accredited by the Council of Mr. President, join me in congratu- changes at the end, and we worked Accreditation and a member of the Na- lating Wyoming’s world champion cow- with every single Senator to get this tional Foundation for Credit Coun- boy, Jhett Johnson, on his terrific ac- done. seling. complishments.

VerDate Mar 15 2010 03:01 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.033 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S34 CONGRESSIONAL RECORD — SENATE January 23, 2012 ADDITIONAL STATEMENTS clock, with a single instrument sending nities of Stanislaus County with great as much as 60 terabytes of data each commitment, integrity, and valor. Her year. As a result, HVO-guided efforts devotion to helping others, along with RECOGNIZING THE 100TH ANNIVER- have successfully diverted or stopped her passion for law enforcement, en- SARY OF THE HAWAIIAN VOL- lava flows threatening Hilo and neigh- abled her to become a respected mem- CANO OBSERVATORY boring communities, mitigated the ber of the Stanislaus County Sheriff’s ∑ Mr. AKAKA. Mr. President, today I damage caused by tsunamis by pro- Department. wish to commemorate the centennial viding reliable wave predictions, and Those who knew Officer Donahou will anniversary of the founding of the Ha- have painted a rich, detailed account of always remember her as a caring, kind, waiian Volcano Observatory, HVO, on the activity of some of the world’s and devoted mother, colleague, and the island of Hawaii on January 17, most volatile volcanoes. friend. She fulfilled her oath as an offi- 1912. Currently situated on the north- Finally, I wish HVO and USGS the cer of the law with honor, bravery, and west rim of the caldera of Kilauea, one best of luck and continued successes as dedication. Her contributions to public of Earth’s most active—and most stud- they carry on their important work. I safety and commitment to the citizens ied—volcanoes, HVO has collaborated know that they are excited to begin she served will never be forgotten and with top scientists from around the the next hundred years of the observ- will be an example to others who hope world to achieve its mission: to create atory’s work, and I look forward to the to one day protect and serve the public. I extend my deepest condolences to a detailed account of Hawaii’s volcanic advances that will result from their ef- Officer Donahou’s son, Jake Lewis activity. During its 100 years of oper- forts.∑ Hassler; her parents, Janice and Robert ation, HVO’s pursuit of this mission f has not only led to great strides in the Pence and Jack and Mary Donahou; study of volcanology, it has made liv- REMEMBERING JIM CAPOOT and her sisters, Jennifer Horne, ing near these volcanoes safer for is- ∑ Mrs. BOXER. Mr. President, I ask my Melinda Donahou-Sneed, Lori Donahou land residents. colleagues to join me in honoring the and Teresa Brockman. We shall always be grateful for Offi- Established by the late visionary ge- life of James ‘‘Jim’’ Capoot—a dedi- cer Donahou’s heroic service and the ologist Thomas A. Jaggar, Jr., the ob- cated husband, proud father, loving sacrifices she made while serving the servatory has been continuously moni- son, devoted friend and respected col- community and the people she loved. toring Kilauea and other Hawaiian vol- league. Officer Capoot lost his life in She will be dearly missed.∑ canoes for the past century, collecting the line of duty while serving the data critical to the understanding of Vallejo Police Department on Novem- f volcanic activity. Jaggar’s work built ber 17, 2011. He was 45 years old. REMEMBERING WARREN HELLMAN on the pioneering contributions of the Jim Capoot was originally from Lit- ∑ Mrs. BOXER. Mr. President, today I world-renowned American tle Rock, AR, and served in the U.S. ask my colleagues to join me in hon- volcanologist, Frank A. Perret, who Marine Corps and as a California High- oring the life and legacy of Warren made his first observations on the vol- way Patrol Officer before joining the Hellman, a San Francisco financier, canic activity at Kilauea in 1911. Vallejo Police Department in 1992. Offi- philanthropist, and community leader Jaggar used Perret’s work to success- cer Capoot was a highly decorated offi- who died last month at age 77 from fully solicit initial support and funding cer having received the Vallejo Police complications of leukemia. for the project from the Massachusetts Department Officer of the Year award, In addition to its spectacular beauty, Institute of Technology, the University the Medal of Merit, the Life Saving the City of San Francisco is known of Hawaii, and the Carnegie Geo- Medal, and twice awarded the Medal of around the world for its great heart physical Laboratory. Jaggar also re- Courage. In addition to his work with and free spirit, its celebration of diver- ceived essential contributions from the Police Department, Officer Capoot sity, and its charm. In recent years, several local businessmen, who pledged was the volunteer coach of the Vallejo perhaps no San Franciscan has em- significant sums to establish the ob- High School girls’ basketball team and bodied his beloved city more than War- servatory at Kilauea. led the team to a section championship ren Hellman. He was a fantastically Over time, the sponsorship and oper- in 2010. successful businessman and investor ation of HVO has been administered Officer Jim Capoot, like all those who liked to dress casually, ride through various Federal agencies, in- who serve in law enforcement across horses, run 100-mile races, and play cluding the United States Weather Bu- California, put his life on the line to bluegrass banjo. reau from 1919 to 1924; the United protect his community. I extend my Here is how Warren was remembered States Geological Survey, USGS, from deepest condolences to his loving wife by the Bay Citizen, the free newspaper 1924 to 1935; the National Park Service, Jennifer and three daughters. My he founded when he felt that local news NPS, from 1935 to 1947; and the USGS thoughts and prayers are with them. coverage was in decline: again from 1947 to the present. We are forever indebted to him for his A rugged iconoclast whose views on life Throughout HVO’s history, it has courage, service and sacrifice.∑ rarely failed to surprise, Hellman was a life- long Republican who supported labor unions, worked with local interests to further f public safety, education and outreach, an investment banker whose greatest joy and geological science. HVO has en- REMEMBERING OFFICER MARY was playing songs of the working class in a ANN DONAHOU bluegrass band, and a billionaire who wanted joyed a longtime partnership with Uni- to pay more taxes and preferred the company versity of Hawaii’s Hilo and Manoa ∑ Mrs. BOXER. Mr. President, I ask my of crooners and horsemen who shared his campuses, as well as close working re- colleagues to join me in honoring the love of music and cross-country ‘ride and tie’ lationships with NPS at Hawaii Volca- memory of a dedicated public servant, racing. noes National Park, the County of Ha- Officer Mary Ann Donahou of the Warren Hellman was born in New waii, and Hawaii’s news media. Stanislaus County Sheriff’s Depart- York and raised in San Francisco. He The observations made from HVO ment. On the morning of December 30, graduated from the University of Cali- have led to groundbreaking contribu- 2011, while gathering evidence at a fornia, Berkeley and earned an MBA at tions in modern geological science crime scene in Hughson, Officer Harvard Business School. After becom- through their precision and diligence Donahou was tragically killed after ing the youngest director in the his- in data collection, thorough analysis of being struck by a vehicle. tory of Lehman Brothers, Warren the observatory’s vast record, and in- Officer Donahou was born in Ceres, moved home to California and co- novation in monitoring devices and CA. In 2002, she began her career at the founded the private equity firm of techniques. Today, HVO scientists ana- Stanislaus County Sheriff’s Office as a Hellman & Friedman. Though he made lyze data collected from more than 100 booking clerk in the county jail. As her a lot of money, he much preferred giv- field stations, which include seismic, knowledge and love of law enforcement ing it away. Warren said that money deformation, volcanic-gas, geologic, grew, Officer Donahou eventually be- was ‘‘like manure: If you spread it and other monitoring tools. These sta- came a crime scene technician and du- around, good things will grow—and if tions transmit data to HVO around the tifully served the citizens and commu- you pile it up, it just smells bad.’’

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.004 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S35 Among the many institutions Warren and international leaders to address tions of Jane’s play ‘‘The Search for helped grow were the San Francisco the world’s most pressing concerns. Signs of Intelligent Life in the Uni- Free Clinic, the Hellman Fellows Pro- Throughout their lifetimes, Ambas- verse’’. Through this timeless yet dy- gram at UC Berkeley, and his Hardly sador and Mrs. Annenberg hosted and namic work of art—with insight, Strictly Bluegrass festival, where more sponsored a number of solution-driven humor, and love for all that makes us than half a million people come each retreats that fostered positive diplo- human—these two extraordinary art- year to hear free concerts from top en- matic, judicial, and legislative ists have expanded both the bounds of tertainers and from Warren’s band, the progress. performance art and our understanding Wronglers. Now, the new Annenberg Retreat at of the human condition. He served as chairman and trustee Sunnylands will be available for the I have known Lily Tomlin and Jane emeritus of The San Francisco Founda- President of the United States and the Wagner for many years. I am pleased to tion; advisory board member of the Secretary of State to bring together call them my friends, and I will be hon- Walter A. Haas School of Business at world leaders to promote and facilitate ored to join the Palm Springs Walk of UC Berkeley; trustee of the UC Berke- peaceful international agreements; for Stars next month in paying tribute to ley Foundation; trustee emeritus of the President and the Cabinet, the Su- their tremendous contributions to the The Brookings Institution; board mem- preme Court, and the bipartisan leader- Palm Springs area and to American ber of the Committee on JOBS; mem- ship of the Congress to meet to focus culture.∑ ber of the Board of Directors and Exec- on ways to improve the functioning of f utive Committee of the Jewish Com- the three branches of government; and TRIBUTE TO STEVEN D. munity Federation; chairman of the for leaders of major social institutions, GARBARINO Jewish Community Endowment Fund; such as universities, colleges, public board member of the San Francisco schools, charities, and government ∑ Mr. CARDIN. Mr. President, I wish to Chamber of Commerce and the Bay agencies, to meet and determine how take this opportunity to congratulate Area Council; and chairman of Voice of these institutions might better serve Mr. Steven D. Garbarino of Owings Dance. the public good. Mills, MD, on the completion of a high- Warren also led many efforts to sup- I invite all of my colleagues to join ly successful 27-year career as a civil- port civic initiatives in San Francisco, me in congratulating the Annenberg ian employee within the Department of from the underground parking garage Retreat at Sunnylands for realizing the the Army, U.S. Army Corps of Engi- that saved two major museums in Annenbergs’ dream of creating a world- neers Baltimore District, on January Golden Gate Park to the broad-based class center that provides our leaders 31, 2012. Mr. Garbarino’s entire career campaign to reform San Francisco’s with an atmosphere to discuss vital was marked by his daily demonstration city employee pension system. issues, promote cooperation, and craft of the Army’s values. His performance On behalf of the people of California, solutions for our Nation and the reflected a strong loyalty to the orga- who have benefitted so much from War- world.∑ nization and its members; a selfless ren Hellman’s great generosity and f dedication to duty, his customers and public sprit, I send my deepest grati- the Corps’ public service mission; and a tude and condolences to his wife, Patri- TRIBUTE TO LILY TOMLIN AND no-nonsense ‘‘can-do’’ attitude built cia Christina ‘‘Chris’’ Hellman; son JANE WAGNER upon honor, integrity, superior com- Marco ‘‘Mick’’ Hellman; daughters ∑ Mrs. BOXER. Mr. President, on petence, and the personal courage to Frances Hellman, Judith Hellman, and March 16th, two of the Nation’s great strive for excellence in his job perform- Patricia Hellman Gibbs; his sister, theatrical talents will be recognized ance. I applaud his commitment to Nancy Hellman Bechtle; and his 12 when my friends Lily Tomlin and Jane public service and recognize the sac- grandchildren. Warren’s passing is a Wagner are added to the Palm Springs rifices he has made for the good of our great loss to his family, his friends, Walk of Stars. Nation. Mr. Garbarino highlights the and the city he loved and served so As we all know, Lily Tomlin is a daz- importance of hard-working Federal well.∑ zling star of stage, screen, and tele- workers who strive to keep us healthy, f vision. She first won the hearts of mil- safe, informed, and free to enjoy the lions of Americans more than 40 years lifestyle that we, as Americans, have RECOGNIZING THE ANNENBERG ago on ‘‘Rowan and Martin’s Laugh- grown to appreciate and expect. He is a RETREAT AT SUNNYLANDS In,’’ where she created unforgettable model Federal employee who readily ∑ Mrs. BOXER. Mr. President, this characters such as the world famous deserves recognition for his distin- year the late Walter and Leonore telephone operator Ernestine and the guished career as a professional mem- Annenberg’s legendary California es- precocious young child Edith Ann. Lily ber of the U.S. Army Corps of Engi- tate, Sunnylands, will open its doors to said of these characters, ‘‘I don’t nec- neers. the public as the Annenberg Retreat at essarily admire them, but I do them all As a project manager, Mr. Garbarino Sunnylands. I ask my colleagues to with love.’’ From the beginning, audi- made significant personal efforts to be- join me in honoring the Annenbergs’ ences fell in love with Lily Tomlin. come a subject matter expert on pol- remarkable legacy and saluting the In 1971, Lily began working on an icy, procedures, and processes associ- new institution’s noble goals. Edith Ann comedy album with a bril- ated with the Civil Works Program and Sunnylands was designed and built in liant, award-winning young playwright projects. This expertise led him to the mid-1960s as the Annenbergs’ desert named Jane Wagner. They produced ac- serve as a mentor to project team home in Rancho Mirage. It served as claimed hit recordings and television members and other Civil Works project their winter residence and as a tranquil specials and went on to further tri- managers. retreat and meeting place for Presi- umphs on Broadway and in Hollywood. Mr. Garbarino has also authored sev- dents of the United States, U.S. Su- It is fitting that Lily and Jane will eral environmental technical report/pa- preme Court Justices, scholars, histo- be honored together on the Palm pers and made numerous presentations rians, former diplomats, Governors, Springs Walk of Stars, not only be- related to his work. Forums for these State legislators as well as bipartisan cause of their long personal and profes- presentations have included numerous coalitions of the U.S. Senate and House sional partnership, but because they workshops, conferences, public meet- of Representatives. Among many other have formed one of the most fruitful ings, televised interviews, radio talk notable guests, President Nixon wrote creative collaborations in the history shows, and the United Nations 1995 con- his 1974 State of the Union speech of American performing arts. Over the ference on environmental restoration. there, and Queen Elizabeth II and past four decades, Jane Wagner has Over his career he has developed a Prince Charles visited in 1983. created unforgettable characters, and strong public speaking presence and is In 2001, the Annenberg Foundation Lily has inhabited these characters and recognized for his outstanding profes- Trust at Sunnylands was founded to brought them fully to life. sional representation of the Corps. continue Sunnylands’ role as a con- Since 1985, much of their creative en- I also want to thank Diane, Steve’s ference center and retreat for national ergy has focused on various produc- wife of over 30 years, and their two

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.001 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S36 CONGRESSIONAL RECORD — SENATE January 23, 2012 sons, Garret and Zachery. The families TRIBUTE TO REAR ADMIRAL ice. Focusing on quality, access, and of outstanding Federal employees have KAREN A. FLAHERTY reliability of wounded warrior care, she to make sacrifices, too, as they share ∑ Mr. INOUYE. Mr. President, I rise is the embodiment of joint, inter- their loved ones with a job serving the today to recognize a great American agency, academic, public, and private American people. I know they join me and a true military visionary who has collaboration. Through far-reaching vi- in my best wishes to Steve for a happy humbly served our country for close to sion, dedication, and inspired leader- and well-earned retirement. 40 years in the Navy Nurse Corps, both ship she improved health care oper- Mr. President, it is my sincere pleas- Active and Reserve components: RADM ations across Navy Medicine and built ure to congratulate Mr. Garbarino on Karen A. Flaherty. A native of relationships between Department of the occasion of his retirement. He was Winsted, CT, she joined the U.S. Navy Veterans Affairs and Department of Defense Health Systems. Her sustained a highly valued employee of the Balti- as a Nurse Corps candidate in July 1973. performance reflects greatly on herself, more District and well deserves rec- Upon graduation from Skidmore Col- the Department of Defense, and the ognition in 2012 for his outstanding lege, she attended Officer Indoctrina- United States of America. I extend my public service career as a distinguished tion School in Newport, RI, in August deepest appreciation on behalf of a member of the Federal workforce. He is 1974. Admiral Flaherty’s first assignment grateful nation for her dedicated mili- an outstanding example of the Federal was Quantico Naval Hospital, where tary service. Rear Admiral Flaherty, workforce who worked tirelessly day in she served as a staff nurse and charge on the occasion of your retirement, I and day out for the American people.∑ nurse of the Surgical Ward, Orthopedic congratulate and thank you for your Ward, and the Maximum Care Unit. service.∑ f Upon transfer to the Philadelphia f Naval Medical Center in 1977, she as- REMEMBERING ROGER DOUGLAS sumed the duties as charge nurse for REMEMBERING CHARLES M. KOTTER the General Surgery Unit and the Ob- PALLESEN, JR. stetrics and Gynecology Clinic. Admi- ∑ Mr. NELSON of Nebraska. Mr. Presi- ∑ Mr. CRAPO. Mr. President, today I ral Flaherty reported for duty as the dent, today I wish to pay tribute to a wish to honor the life of Roger Kotter, officer programs officer for Naval Re- good friend who can quite aptly be a husband, father, community leader, cruiting Command, Navy Recruiting called a gentleman and a scholar, as businessman, and exemplary Idahoan. District New Jersey in 1979. She well as one very likeable person who At the core of Roger Kotter’s accom- transitioned to the Naval Reserve in touched the lives of many of my fellow plishments were his dedication to fam- 1982. Nebraskans. Charles M. ‘‘Chuck’’ ily, strong sense of community, and his Admiral Flaherty’s subsequent re- Pallesen, Jr., passed away on Novem- ability to connect with his customers. serve tours included assignments to ber 26, 2011, at the age of 74. Roger served a mission for the Church numerous naval hospitals and fleet First and foremost a loving husband of Jesus Christ of Latter-day Saints in hospital commands. In her distin- and father, Chuck married his college Santiago, Chile, from 1966 to 1968, mar- guished career she has served as com- sweetheart, Lorraine Sysel; and two ried his wife of 43 years, Karen, and manding officer, Fleet Hospital, Fort sons, Mike and Ed, together with their graduated from Brigham Young Uni- Dix, executive officer, director of nurs- families, blessed this union. He was versity in 1971. After graduating, Roger ing services, officer-in-charge, and also a former Boy Scout; a U.S. Army moved back to Nampa and started training officer. In February 1991, she veteran who served in the Judge Advo- working for Stone Lumber in 1972 and was recalled to serve with Fleet Hos- cate General’s Corps; and a partner for became part owner in 1980. Stone Lum- pital 15, Al Jubail, Saudi Arabia, in more than 40 years in a successful law ber has been a staple of Nampa since support of Operation Desert Shield/ practice—Cline Williams Wright John- 1906, and under the direction of Roger Storm. She served as commanding offi- son & Oldfather, L.L.P.—specializing in and Monte Schlerf, it has continued in cer of the OPNAV 093 Reserve Unit health care and business law. the tradition of providing jobs and ex- prior to assuming Flag duties as the Chuck was one of the most active ceptional customer service. Roger also Deputy Commander Force Integration people in civic and political matters devoted decades of service and was in- National Capital Area and the deputy that I have ever met. He was engaged volved in various organizations, includ- chief for health care operations at the in the Nebraska efforts of every Presi- ing Nampa Exchange Club past presi- Bureau of Medicine and Surgery. In dential campaign from John F. Ken- dent—Nampa Boys and Girls Club, each assignment, she excelled and nedy to Barack Obama. He was a key Nampa Schools Foundation, Boy overcame every challenge and was re- adviser not only to me, but also to Scouts of America, and, through Stone warded with greater responsibility and former Nebraska Governors and Sen- Lumber, worked with Habitat for Hu- opportunities. ators Jim Exon and Bob Kerrey. Admiral Flaherty has served at the manity. Roger was active in supporting Yet Chuck was so much more than Navy Bureau of Medicine and Surgery the local Hispanic community acting his re´sume´. A good friend of his, Gerry as the deputy surgeon general, deputy as a mentor and teaching English. He Finnegan, said recently that: chief, wounded, ill, and injured, and the was also actively involved with his Chuck was at his best, both professionally 22nd director of the Navy Nurse Corps. church and served in stake presi- and politically, lodged between disagreeing Her visionary leadership and executive dencies, bishoprics, and was most re- parties coaxing them to resolve their con- management skills have played vital flict—a masterful mediator blessed with an cently a counselor in the Boise Idaho roles in forging new frontiers between innate sense of how much ground each adver- Mission presidency. Roger has been the Department of Defense, Veterans sary could give and how hard he could push recognized for his commendable skills Affairs, and the private sector to im- for a resolution. through honors, such as his selection prove care for sailors, marines, vet- This ability, combined with an out- as Idaho Businessman of the Year in erans, and their families. going personality and a keen eye for 2000. Admiral Flaherty received her mas- details, made him invaluable to Sen- I join Rogers’s wife Karen; five chil- ter of science degree from the Univer- ators Exon, Kerrey, and myself. dren, Kristin, Jason, Brent, Matthew, sity of Pennsylvania and has held sen- Always a very busy guy, Chuck and a and Amy; 12 grandchildren; father, ior executive leadership positions at colleague, former Judge Samuel Van James; 6 siblings; other family mem- Thomas Jefferson University Hospital Pelt, Jr., had been in the process of au- bers; many friends; the Nampa commu- in Philadelphia, PA, St. Francis Hos- thoring a book about Senator Exon. nity, and the numerous people he in- pital in Wilmington, DE, and the Phila- Chuck spoke to me several times, both spired in mourning his loss and ex- delphia Veterans Affairs Medical Cen- for and about his upcoming book. pressing gratitude for his contribution. ter in Philadelphia, PA. Those interviews were extremely en- Roger Kotter will be missed, and his Admiral Flaherty’s career has en- joyable, and I looked forward to every legacy of devotion to his family and compassed the full spectrum of public, opportunity to walk down memory community will not be forgotten.∑ private, academic, and military serv- lane and swap stories about ‘‘Big Jim,’’

VerDate Mar 15 2010 03:01 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.023 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S37 one of the greatest Nebraskans to ever tors, all of our parish leaders, and our CANTOR of Virginia and Ms. PELOSI of serve my home State. Chuck’s un- communities for their efforts to sup- California. timely passing has made me look for- port our Catholic schools and contin- f ward even more to reading his labor of ued achievement towards the education MESSAGE FROM THE HOUSE love when it is published, and when I of our young people.∑ do, I will be remembering not only the f At 2:03 p.m., a message from the great J. James Exon, but Charles House of Representatives, delivered by Pallesen, Jr., as well—on every page MESSAGES FROM THE PRESIDENT Mr. Novotny, one of its reading clerks, and throughout every chapter. Messages from the President of the announced that the House has passed In closing, Chuck Pallesen was a man United States were communicated to the following joint resolution, without who will be missed by all who knew the Senate by Mr. Pate, one of his sec- amendment: him and remembered as an individual retaries. H.J. Res. 98. Joint resolution relating to the disapproval of the President’s exercise of who served his community, State and f country well. A true statesman, we are authority to increase the debt limit, as sub- all the better for Chuck’s countless EXECUTIVE MESSAGES REFERRED mitted under section 3101A of title 31, United States Code, on January 12, 2012. contributions, his enthusiasm, his dedi- As in executive session the Presiding cation, and most of all, his compassion. Officer laid before the Senate messages The message also announced the He was truly a giant among men.∑ from the President of the United House has agreed to the following con- f States submitting sundry nominations current resolution, in which it requests which were referred to the appropriate the concurrence of the Senate: CATHOLIC SCHOOLS WEEK committees. H. Con. Res. 96. Concurrent resolution pro- ∑ Mr. VITTER. Mr. President today, I (The nominations received today are viding for a joint session of Congress to re- would like to recognize and honor the printed at the end of the Senate pro- ceive a message from the President. valuable contributions of Catholic ceedings.) The message further announced that schools in educating our young people f pursuant to section 214(a) of the Help throughout our great Nation. This year America Vote Act of 2002 (42 U.S.C. from January 29 to February 5, we will REPORT RELATIVE TO THE DEBT 15344), the Minority Leader appoints celebrate Catholic Schools Week to LIMIT, RECEIVED DURING AD- the following member on the part of recognize the exceptional work of JOURNMENT OF THE SENATE ON the House of Representatives to the Catholic education programs across the JANUARY 12, 2012—PM 36 Election Assistance Commission Board country. The PRESIDING OFFICER laid be- of Advisors: Mr. Gregory T. Moore of Our Nation’s Catholic schools have fore the Senate the following message Washington, DC. received international praise for aca- from the President of the United f demic excellence and have provided States, together with an accompanying students with lessons that extend far MEASURES PLACED ON THE report; which was referred to the Com- CALENDAR beyond the classroom. These schools mittee on Finance: have continued to impart comprehen- The following bills were read the sec- sive curriculums that emphasize moral, THE WHITE HOUSE, ond time, and placed on the calendar: Washington, January 12, 2012. intellectual, and physical development Hon. JOSEPH R. BIDEN, Jr., H.R. 440. An act to provide for the estab- in young people. President of the Senate, lishment of the Special Envoy to Promote In Louisiana, our Catholic schools Washington, DC. Religious Freedom of Religious Minorities in maintain high academic standards, fos- DEAR MR. PRESIDENT: Pursuant to section the Near East and South Central Asia. ter a healthy learning environment for 3101A(a)(2)(A) of title 31, United States Code, H.R. 3012. An act to amend the Immigra- students, and encourage family in- I hereby certify that the debt subject to tion and Nationality Act to eliminate the per-country numerical limitation for em- volvement in the ongoing education of limit is within $100,000,000,000 of the limit in 31 U.S.C. 3101(b) and that further borrowing ployment-based immigrants, to increase the children. per-country numerical limitation for family- Today, more than two million stu- is required to meet existing commitments. Sincerely, sponsored immigrants, and for other pur- dents attend Catholic schools in the BARACK OBAMA. poses. United States, and Catholic schools na- f The following joint resolutions were tionally graduate 99 percent of stu- read the first and second times by dents with more than 97 percent pur- MESSAGE FROM THE HOUSE unanimous consent, and placed on the suing college degrees. RECEIVED DURING ADJOURNMENT calendar: The National Conference of Catholic Under the authority of the order of S.J. Res. 34. Joint resolution relating to Bishops stated, ‘‘Education is one of the Senate of January 5, 2011, the Sec- the disapproval of the President’s exercise of the most important ways by which the retary of the Senate, on January 18, authority to increase the debt limit, as sub- Church fulfills its commitment to the 2012, during the adjournment of the mitted under section 3101A of title 31, United dignity of the person and building of Senate, received a message from the States Code, on January 12, 2012 H.J. Res. 98. Joint resolution relating to community. Community is central to House of Representatives announcing education ministry, both as a nec- the disapproval of the President’s exercise of that the House has agreed to the fol- authority to increase the debt limit, as sub- essary condition and an ardently de- lowing resolutions: sired goal. The educational efforts of mitted under section 3101A of title 31, United H. Res. 511. Resolution that Paul D. Irving States Code, on January 12, 2012. the Church, therefore, must be directed of the State of Florida, be, and is hereby, f to forming persons-in-community; for chosen Sergeant-at-Arms of the House of the education of the individual Chris- Representatives. ENROLLED BILL PRESENTED tian is important not only to his soli- H. Res. 513. Resolution that the Clerk of The Secretary of the Senate reported tary destiny, but also the destinies of the House inform the Senate that a quorum that on December 20, 2011, she had pre- the many communities in which he of the House is present and that the House is sented to the President of the United ready to proceed with business. lives.’’ States the following enrolled bill: This statement not only stresses the The message also announced that S. 278. An act to provide for the exchange importance of education as part of the pursuant to House Resolution 512, the of certain land located in the Arapaho-Roo- mission of the Catholic Church, but Speaker appoints the following Mem- sevelt National Forests in the State of Colo- also the importance of community and bers of the House of Representatives to rado, and for other purposes. schools in shaping our young people as join a committee on the part of the f they go out in to the world to become Senate to notify the President of the valuable members of society and their United States that a quorum of each EXECUTIVE AND OTHER community. House has assembled and that Congress COMMUNICATIONS This week, we recognize the students, is ready to receive any communication The following communications were their families, teachers, administra- that he may be pleased to make: Mr. laid before the Senate, together with

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.002 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S38 CONGRESSIONAL RECORD — SENATE January 23, 2012 accompanying papers, reports, and doc- proved retirement of Vice Admiral Michael ber 19, 2011; to the Committee on Agri- uments, and were referred as indicated: C. Vitale, United States Navy, and his ad- culture, Nutrition, and Forestry. vancement to the grade of vice admiral on EC–4420. A communication from the Sec- EC–4401. A communication from the Assist- the retired list; to the Committee on Armed retary of the Commission, Division of Mar- ant Secretary, Bureau of Political-Military Services. ket Oversight, Commodity Futures Trading Affairs, Department of State, transmitting, EC–4411. A communication from the Acting Commission, transmitting, pursuant to law, pursuant to law, an addendum to a certifi- Under Secretary of Defense (Personnel and the report of a rule entitled ‘‘Registration of cation, transmittal number: DDTC 11–137, of Readiness), transmitting the report of an of- Foreign Boards of Trade’’ (RIN3038–AD19) re- the proposed sale or export of defense arti- ficer authorized to wear the insignia of the ceived during adjournment of the Senate in cles and/or defense services to a Middle East grade of major general in accordance with the Office of the President of the Senate on country regarding any possible affects such a title 10, United States Code, section 777; to December 19, 2011; to the Committee on Agri- sale might have relating to Israel’s Quali- the Committee on Armed Services. culture, Nutrition, and Forestry. tative Military Edge over military threats to EC–4412. A communication from the Acting EC–4421. A communication from the Chief Israel; to the Committee on Armed Services. Under Secretary of Defense (Personnel and Counsel of the Fiscal Service, Bureau of Pub- EC–4402. A communication from the Assist- Readiness), transmitting a report on the ap- lic Debt, Department of the Treasury, trans- ant Secretary, Bureau of Political-Military proved retirement of Lieutenant General mitting, pursuant to law, the report of a rule Affairs, Department of State, transmitting, Jeffrey A. Remington, United States Air entitled ‘‘United States Savings Bonds, Se- pursuant to law, an addendum to a certifi- Force, and his advancement to the grade of ries EE and I’’ (31 CFR Parts 351, 359, and 363) cation, transmittal number: DDTC 11–124, of lieutenant general on the retired list; to the received during adjournment of the Senate the proposed sale or export of defense arti- Committee on Armed Services. in the Office of the President of the Senate cles and/or defense services to a Middle East EC–4413. A communication from the Acting on December 30, 2011; to the Committee on country regarding any possible affects such a Under Secretary of Defense (Personnel and Banking, Housing, and Urban Affairs. sale might have relating to Israel’s Quali- Readiness), Department of Defense, trans- EC–4422. A communication from the Dep- tative Military Edge over military threats to mitting, pursuant to law, a report relative to uty Secretary, Division of Trading and Mar- Israel; to the Committee on Armed Services. the Foreign Language Skill Proficiency kets, Securities and Exchange Commission, EC–4403. A communication from the Assist- Bonus program; to the Committee on Armed transmitting, pursuant to law, the report of ant Secretary, Bureau of Political-Military Services. a rule entitled ‘‘Temporary Registration as a Affairs, Department of State, transmitting, EC–4414. A communication from the Direc- Municipal Advisor; Required Amendments; pursuant to law, an addendum to a certifi- tor of the Regulatory Management Division, and withdrawal from temporary registra- cation, transmittal number: DDTC 11–120, of Office of Policy, Environmental Protection tion’’ (RIN3235–AK69) received during ad- the proposed sale or export of defense arti- Agency, transmitting, pursuant to law, the journment of the Senate in the Office of the cles and/or defense services to a Middle East report of a rule entitled ‘‘Difenoconazole; President of the Senate on December 27, 2011; country regarding any possible affects such a Pesticide Tolerances’’ (FRL No. 9328–6) re- to the Committee on Banking, Housing, and sale might have relating to Israel’s Quali- ceived during adjournment of the Senate in Urban Affairs. tative Military Edge over military threats to the Office of the President of the Senate on EC–4423. A communication from the Chair- Israel; to the Committee on Armed Services. December 28, 2011; to the Committee on Agri- man and President of the Export-Import EC–4404. A communication from the Acting culture, Nutrition, and Forestry. Bank, transmitting, pursuant to law, a re- Assistant Secretary, Bureau of Political- EC–4415. A communication from the Direc- port relative to transactions involving U.S. Military Affairs, Department of State, trans- tor of the Regulatory Management Division, exports to the Republic of Korea; to the mitting, pursuant to law, an addendum to a Office of Policy, Environmental Protection Committee on Banking, Housing, and Urban certification, transmittal number: DDTC 11– Agency, transmitting, pursuant to law, the Affairs. 134, of the proposed sale or export of defense report of a rule entitled ‘‘Cyhalofop-butyl; EC–4424. A communication from the Sec- articles and/or defense services to a Middle Pesticide Tolerances’’ (FRL No. 9330–1) re- retary of the Treasury, transmitting, pursu- East country regarding any possible affects ceived during adjournment of the Senate in ant to law, the six-month periodic report on such a sale might have relating to Israel’s the Office of the President of the Senate on the national emergency with respect to the Qualitative Military Edge over military December 28, 2011; to the Committee on Agri- Western Balkans that was declared in Execu- threats to Israel; to the Committee on culture, Nutrition, and Forestry. tive Order 13219 of June 26, 2001; to the Com- Armed Services. EC–4416. A communication from the Direc- mittee on Banking, Housing, and Urban Af- EC–4405. A communication from the Acting tor of the Regulatory Management Division, fairs. Under Secretary of Defense (Acquisition, Office of Policy, Environmental Protection EC–4425. A communication from the Sec- Technology and Logistics), transmitting, Agency, transmitting, pursuant to law, the retary of the Treasury, transmitting, pursu- pursuant to law, Selected Acquisition Re- report of a rule entitled ‘‘Tepraloxydim; Pes- ant to law, the six-month periodic report on ports (SARs) for the quarter ending Sep- ticide Tolerances’’ (FRL No. 9330–2) received the national emergency with respect to tember 30, 2011 (DCN OSS 2011–1935); to the during adjournment of the Senate in the Of- North Korea that was declared in Executive Committee on Armed Services. fice of the President of the Senate on Decem- Order 13466 of June 26, 2008; to the Com- EC–4406. A communication from the Sec- ber 28, 2011; to the Committee on Agri- mittee on Banking, Housing, and Urban Af- retary of Defense, transmitting a report on culture, Nutrition, and Forestry. fairs. the approved retirement of Lieutenant Gen- EC–4417. A communication from the Direc- EC–4426. A communication from the Sec- eral Ricky Lynch, United States Army, and tor of the Regulatory Management Division, retary of the Treasury, transmitting, pursu- his advancement to the grade of lieutenant Office of Policy, Environmental Protection ant to law, the Financial Stability Oversight general on the retired list; to the Committee Agency, transmitting, pursuant to law, the Council’s report relative to prompt correc- on Armed Services. report of a rule entitled ‘‘Regulation of Fuels tive action; to the Committee on Banking, EC–4407. A communication from the Under and Fuel Additives: 2012 Renewable Fuel Housing, and Urban Affairs. Secretary of Defense (Personnel and Readi- Standards’’ (FRL No. 9614–4) received during EC–4427. A communication from the Sec- ness), transmitting a report on the approved adjournment of the Senate in the Office of retary of the Treasury, transmitting, pursu- retirement of General Peter W. Chiarelli, the President of the Senate on December 28, ant to law, a report on the continuation of United States Army, and his advancement to 2011; to the Committee on Agriculture, Nu- the national emergency that was originally the grade of general on the retired list; to trition, and Forestry. declared in Executive Order 13405 of June 16, the Committee on Armed Services. EC–4418. A communication from the Acting 2006, with respect to Belarus; to the Com- EC–4408. A communication from the Acting Director of the Policy Issuances Division, mittee on Banking, Housing, and Urban Af- Under Secretary of Defense (Personnel and Food Safety and Inspection Service, Depart- fairs. Readiness), transmitting a report on the ap- ment of Agriculture, transmitting, pursuant EC–4428. A communication from the Chief proved retirement of Lieutenant General to law, the report of a rule entitled ‘‘Classes Counsel, Federal Emergency Management Edgar E. Stanton III, United States Army, of Poultry’’ (RIN0583–AC83) received during Agency, Department of Homeland Security, and his advancement to the grade of lieuten- adjournment of the Senate in the Office of transmitting, pursuant to law, the report of ant general on the retired list; to the Com- the President of the Senate on December 21, a rule entitled ‘‘Suspension of Community mittee on Armed Services. 2011; to the Committee on Agriculture, Nu- Eligibility’’ ((44 CFR Part 64) (Docket No. EC–4409. A communication from the Acting trition, and Forestry. FEMA–2011–0002)) received during adjourn- Under Secretary of Defense (Personnel and EC–4419. A communication from the Sec- ment of the Senate in the Office of the Presi- Readiness), transmitting a report on the ap- retary of the Commission, Division of Clear- dent of the Senate on December 21, 2011; to proved retirement of Lieutenant General ing and Risk, Commodity Futures Trading the Committee on Banking, Housing, and Carroll F. Pollett, United States Army, and Commission, transmitting, pursuant to law, Urban Affairs. his advancement to the grade of lieutenant the report of a rule entitled ‘‘Investment of EC–4429. A communication from the Direc- general on the retired list; to the Committee Customer Funds and Funds Held in an Ac- tor of the Regulatory Management Division, on Armed Services. count for Foreign Futures and Foreign Op- Environmental Protection Agency, transmit- EC–4410. A communication from the Acting tions Transactions’’ (RIN3038–AC79) received ting, pursuant to law, the report of a rule en- Under Secretary of Defense (Personnel and during adjournment of the Senate in the Of- titled ‘‘Approval and Promulgation of Air Readiness), transmitting a report on the ap- fice of the President of the Senate on Decem- Quality Implementation Plans; State of New

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.032 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S39 Jersey; Regional Haze State Implementation No. 9609–9) received during adjournment of journment of the Senate in the Office of the Plan’’ (FRL No. 9611–2) received during ad- the Senate in the Office of the President of President of the Senate on December 20, 2011; journment of the Senate in the Office of the the Senate on December 20, 2011; to the Com- to the Committee on Environment and Pub- President of the Senate on December 28, 2011; mittee on Environment and Public Works. lic Works. to the Committee on Environment and Pub- EC–4437. A communication from the Direc- EC–4444. A communication from the Sec- lic Works. tor of the Regulatory Management Division, retary of the Interior, transmitting, pursu- EC–4430. A communication from the Direc- Environmental Protection Agency, transmit- ant to law, a legislative proposal relative to tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- the Migratory Bird Hunting and Conserva- Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air tion Stamp Act to provide for a price in- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; West Vir- crease for the Migratory Bird Hunting and titled ‘‘Approval and Promulgation of Air ginia; revised Motor Vehicle Emission Budg- Conservation Stamp, popularly known as the Quality Implementation Plans; California; ets for the Charleston, Huntington, Parkers- Duck Stamp; to the Committee on Environ- Determinations of Failure to Attain the One- burg, Weirton, and Wheeling 8-Hour Ozone ment and Public Works. Hour Ozone Standard’’ (FRL No. 9612–8) re- Maintenance Areas; correction’’ (FRL No. EC–4445. A communication from the Direc- ceived during adjournment of the Senate in 9609–1) received during adjournment of the tor of the Regulatory Review Group, Farm the Office of the President of the Senate on Senate in the Office of the President of the Service Agency, Department of Agriculture, December 28, 2011; to the Committee on En- Senate on December 20, 2011; to the Com- transmitting, pursuant to law, the report of vironment and Public Works. mittee on Environment and Public Works. a rule entitled ‘‘Highly Erodible Land and EC–4431. A communication from the Direc- EC–4438. A communication from the Direc- Wetland Conservation’’ (RIN0560–AH97) re- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ceived during adjournment of the Senate in Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- January 3, 2012; to the Committee on Envi- titled ‘‘National Emissions Standard for Haz- titled ‘‘Approval and Promulgation of Imple- ronment and Public Works. ardous Air Pollutants From Secondary Lead mentation Plans; Oklahoma; Federal Imple- EC–4446. A communication from the Chief Smelting’’ (FRL No. 9610–9) received during mentation Plan for Interstate Transport of of the Publications and Regulations Branch, adjournment of the Senate in the Office of Pollution Affecting Visibility and Best Internal Revenue Service, Department of the the President of the Senate on December 28, Available Retrofit Technology Determina- Treasury, transmitting, pursuant to law, the 2011; to the Committee on Environment and tions’’ (FRL No. 9608–4) received during ad- report of a rule entitled ‘‘Employee Plans Public Works. journment of the Senate in the Office of the Determination Letter Program Changes’’ EC–4432. A communication from the Direc- President of the Senate on December 20, 2011; (Announcement 2011–82) received during ad- tor of the Regulatory Management Division, to the Committee on Environment and Pub- journment of the Senate in the Office of the Environmental Protection Agency, transmit- lic Works. President of the Senate on December 21, 2011; ting, pursuant to law, the report of a rule en- EC–4439. A communication from the Direc- to the Committee on Finance. titled ‘‘Approval and Promulgation of Imple- tor of the Regulatory Management Division, EC–4447. A communication from the Chief mentation Plans; State of Kansas: Regional Environmental Protection Agency, transmit- of the Publications and Regulations Branch, Haze’’ (FRL No. 9611–3) received during ad- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the journment of the Senate in the Office of the titled ‘‘Revisions to Final Response to Peti- Treasury, transmitting, pursuant to law, the President of the Senate on December 20, 2011; tion From New Jersey Regarding SO2 Emis- report of a rule entitled ‘‘Modification of to the Committee on Environment and Pub- sions From the Portland Generating Sta- Revenue Ruling 2011–1’’ (Notice 2012–6) re- lic Works. tion’’ (FRL No. 9609–4) received during ad- ceived during adjournment of the Senate in EC–4433. A communication from the Direc- journment of the Senate in the Office of the the Office of the President of the Senate on tor of the Regulatory Management Division, President of the Senate on December 20, 2011; December 21, 2011; to the Committee on Fi- Environmental Protection Agency, transmit- to the Committee on Environment and Pub- nance. ting, pursuant to law, the report of a rule en- lic Works. EC–4448. A communication from the Chief titled ‘‘Approval and Promulgation of Imple- EC–4440. A communication from the Direc- of the Publications and Regulations Branch, mentation Plans; Oregon: New Source Re- tor of the Regulatory Management Division, Internal Revenue Service, Department of the view/Prevention of Significant Deteriora- Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the tions Rule Revisions and Air Quality Permit ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Applicable Federal Streamlining Rule Revisions’’ (FRL No. 9494– titled ‘‘Approval and Promulgation of Air Rates—January 2012’’ (Rev. Rul. 2012–2) re- 9) received during adjournment of the Senate Quality Implementation Plans; Delaware; ceived during adjournment of the Senate in in the Office of the President of the Senate Adhesives and Sealants Rule’’ (FRL No. 9609– the Office of the President of the Senate on on December 20, 2011; to the Committee on 2) received during adjournment of the Senate December 21, 2011; to the Committee on Fi- Environment and Public Works. in the Office of the President of the Senate nance. EC–4434. A communication from the Direc- on December 20, 2011; to the Committee on EC–4449. A communication from the Chief tor of the Regulatory Management Division, Environment and Public Works. of the Publications and Regulations Branch, Environmental Protection Agency, transmit- EC–4441. A communication from the Chief Internal Revenue Service, Department of the ting, pursuant to law, the report of a rule en- of Consultation, Recovery, HCP and State Treasury, transmitting, pursuant to law, the titled ‘‘Approval and Promulgation of Imple- Grants, Fish and Wildlife Service, Depart- report of a rule entitled ‘‘Section 482: Meth- mentation Plans and Designation of Area for ment of the Interior, transmitting, pursuant ods to Determine Taxable Income in Connec- Air Quality Planning Purposes; Ohio and In- to law, the report of a rule entitled ‘‘Endan- tion with a Cost Sharing Arrangement’’ diana; Redesignation of the Ohio and Indiana gered and Threatened Wildlife and Plants; (RIN1545–BI46) received during adjournment Portions of the Cincinnati-Hamilton 1997 An- Reinstatement of Listing Protections for the of the Senate in the Office of the President nual Fine Particulate Matter Nonattainment Preble’s Meadow Jumping Mouse’’ (RIN1018– of the Senate on December 21, 2011; to the Area to Attainment’’ (FRL No. 9610–3) re- AX93) received during adjournment of the Committee on Finance. ceived during adjournment of the Senate in Senate in the Office of the President of the EC–4450. A communication from the Chief the Office of the President of the Senate on Senate on December 20, 2011; to the Com- of the Publications and Regulations Branch, December 20, 2011; to the Committee on En- mittee on Environment and Public Works. Internal Revenue Service, Department of the vironment and Public Works. EC–4442. A communication from the Biolo- Treasury, transmitting, pursuant to law, the EC–4435. A communication from the Direc- gist, Fish and Wildlife Service, Department report of a rule entitled ‘‘Use of Differential tor of the Regulatory Management Division, of the Interior, transmitting, pursuant to Income Streams as a Consideration in As- Environmental Protection Agency, transmit- law, the report of a rule entitled ‘‘Endan- sessing the Best Method’’ ((RIN1545–BK72) ting, pursuant to law, the report of a rule en- gered and Threatened Wildlife and Plants; (TD 9569)) received during adjournment of titled ‘‘National Emission Standards for Haz- Removal of the Concho Water Snake From the Senate in the Office of the President of ardous Air Pollutants: Area Source Stand- the Federal List of Endangered and Threat- the Senate on December 21, 2011; to the Com- ards for Prepared Feeds Manufacturing; ened Wildlife Removal of Designated Critical mittee on Finance. Amendments’’ (FRL No. 9610–2) received dur- Habitat’’ (RIN1018–AU97) received during ad- EC–4451. A communication from the Chief ing adjournment of the Senate in the Office journment of the Senate in the Office of the of the Publications and Regulations Branch, of the President of the Senate on December President of the Senate on December 20, 2011; Internal Revenue Service, Department of the 20, 2011; to the Committee on Environment to the Committee on Environment and Pub- Treasury, transmitting, pursuant to law, the and Public Works. lic Works. report of a rule entitled ‘‘Update of Weighted EC–4436. A communication from the Direc- EC–4443. A communication from the Chief Average Interest Rates, Yield Curves, and tor of the Regulatory Management Division, of Permits and Regulations, Fish and Wild- Segment Rates’’ (Notice 2011–100) received Environmental Protection Agency, transmit- life Service, Department of the Interior, during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of fice of the President of the Senate on Decem- titled ‘‘Federal Implementation Plans for a rule entitled ‘‘Migratory Bird Permits; ber 18, 2011; to the Committee on Finance. Iowa, Michigan, Missouri, Oklahoma, and States Delegated Falconry Permitting Au- EC–4452. A communication from the Chief Wisconsin and Determination for Kansas Re- thority; Technical Corrections to the Regu- of the Publications and Regulations Branch, garding Interstate Transport of Ozone’’ (FRL lations’’ (RIN1018–AX98) received during ad- Internal Revenue Service, Department of the

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.033 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S40 CONGRESSIONAL RECORD — SENATE January 23, 2012 Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on (RIN1240–AA02) received during adjournment report of a rule entitled ‘‘2011 Cumulative December 18, 2011; to the Committee on Fi- of the Senate in the Office of the President List of Changes in Plan Qualifications Re- nance. of the Senate on December 30, 2011; to the quirements’’ (Notice 2011–97) received during EC–4462. A communication from the Assist- Committee on Health, Education, Labor, and adjournment of the Senate in the Office of ant Legal Adviser for Treaty Affairs, Depart- Pensions. the President of the Senate on December 18, ment of State, transmitting, pursuant to the EC–4473. A communication from the Dep- 2011; to the Committee on Finance. Case-Zablocki Act, 1 U.S.C. 112b, as amended, uty Secretary, Securities and Exchange EC–4453. A communication from the Chief the report of the texts and background state- Commission, transmitting, pursuant to law, of the Publications and Regulations Branch, ments of international agreements, other the report of a rule entitled ‘‘Mine Safety Internal Revenue Service, Department of the than treaties (List 2011–0202—2011–0226); to Disclosure’’ (RIN3235–AK83) received during Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. adjournment of the Senate in the Office of report of a rule entitled ‘‘Reporting of Speci- EC–4463. A communication from the Chair- the President of the Senate on December 27, fied Foreign Financial Assets’’ ((RIN1545– man of the Joint Chiefs of Staff, relative to 2011; to the Committee on Health, Education, BK17) (TD 9567)) received during adjourn- the need for implementing improvements to Labor, and Pensions. ment of the Senate in the Office of the Presi- the current consultation and notifications EC–4474. A communication from the Execu- dent of the Senate on December 18, 2011; to processes for Foreign Military Sales, Direct tive Secretary, National Labor Relations the Committee on Finance. Commercial Sales, and changes to U.S. ex- Board, transmitting, pursuant to law, the re- EC–4454. A communication from the Chief port controls; to the Committee on Foreign port of a rule entitled ‘‘Representation-Case of the Publications and Regulations Branch, Relations. Procedures’’ (RIN3142–AA08) received during Internal Revenue Service, Department of the EC–4464. A communication from the Assist- adjournment of the Senate in the Office of Treasury, transmitting, pursuant to law, the ant Secretary, Bureau of Legislative Affairs, the President of the Senate on December 27, report of a rule entitled ‘‘Corporate Reorga- Department of State, transmitting, pursuant 2011; to the Committee on Health, Education, nizations; Guidance on the Measurement of to law, a report relative to proposed amend- Labor, and Pensions. Continuity of Interest’’ ((RIN1545–BG15) (TD ments to parts 120, 122, 126, 127, and 129 of the EC–4475. A communication from the Chief 9565)) received during adjournment of the International Traffic in Arms Regulations Acquisition Officer, Office of Acquisition Senate in the Office of the President of the (ITAR); to the Committee on Foreign Rela- Policy, General Services Administration, Senate on December 18, 2011; to the Com- tions. transmitting, pursuant to law, the report of mittee on Finance. EC–4465. A communication from the Assist- a rule entitled ‘‘Federal Acquisition Regula- EC–4455. A communication from the Chief ant Secretary, Office of Legislative Affairs, tion; FAR Case 2010–005, Updated Financial of the Publications and Regulations Branch, Department of State, transmitting, pursuant Accounting Standards Board of Accounting Internal Revenue Service, Department of the to law, a report relative to the Chemical References’’ ((RIN9000–AM00) (FAC 2005–55)) Treasury, transmitting, pursuant to law, the Weapons Convention and the Australia received during adjournment of the Senate report of a rule entitled ‘‘Tax Return Pre- Group; to the Committee on Foreign Rela- in the Office of the President of the Senate parer Penalties Under Section 6695’’ tions. on January 3, 2012; to the Committee on ((RIN1545–BK16) (TD 9570)) received during EC–4466. A communication from the Assist- Homeland Security and Governmental Af- adjournment of the Senate in the Office of ant Secretary, Bureau of Legislative Affairs, fairs. the President of the Senate on December 18, Department of State, transmitting, pursuant EC–4476. A communication from the Chief 2011; to the Committee on Finance. to law, a report relative to a proposed revi- Acquisition Officer, Office of Acquisition EC–4456. A communication from the Chief sion of the U.S. Munitions List Category XX Policy, General Services Administration, of the Publications and Regulations Branch, in part 121 of the International Traffic in transmitting, pursuant to law, the report of Internal Revenue Service, Department of the Arms Regulations (ITAR); to the Committee a rule entitled ‘‘Federal Acquisition Regula- Treasury, transmitting, pursuant to law, the on Foreign Relations. tion; Technical Amendments’’ (FAC 2005–55) report of a rule entitled ‘‘Guidance Regard- EC–4467. A communication from the Assist- received during adjournment of the Senate ing Foreign Base Company Sales Income’’ ant Secretary, Bureau of Legislative Affairs, in the Office of the President of the Senate ((RIN1545–BI45) (TD 9563)) received during ad- Department of State, transmitting, pursuant on January 3, 2012; to the Committee on journment of the Senate in the Office of the to law, a report relative to a proposed revi- Homeland Security and Governmental Af- President of the Senate on December 18, 2011; sion of the U.S. Munitions List Category VI fairs. to the Committee on Finance. in part 121 of the International Traffic in EC–4477. A communication from the Chief EC–4457. A communication from the Senior Arms Regulations (ITAR); to the Committee Acquisition Officer, Office of Acquisition Advisor, Office of Regulations, Social Secu- on Foreign Relations. Policy, General Services Administration, rity Administration, transmitting, pursuant EC–4468. A communication from the Assist- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Revi- ant Secretary, Office of Legislative Affairs, a rule entitled ‘‘Federal Acquisition Regula- sions to Rules of Conduct and Standards of Department of State, transmitting, pursuant tion; Federal Acquisition Circular 2005–55, Responsibility for Representative’’ (RIN0960– to law, a report relative to U.S. military per- Small Entity Compliance Guide’’ (FAC 2005– AH32) received during adjournment of the sonnel and U.S. civilian contractors involved 55) received during adjournment of the Sen- Senate in the Office of the President of the in the anti-narcotics campaign in Colombia ate in the Office of the President of the Sen- Senate on December 27, 2011; to the Com- (DCN OSS 2011–1936); to the Committee on ate on January 3, 2012; to the Committee on mittee on Finance. Foreign Relations. Homeland Security and Governmental Af- EC–4458. A communication from the Sec- EC–4469. A communication from the Sec- fairs. retary of Health and Human Services, trans- retary of Health and Human Services, trans- EC–4478. A communication from the Chief mitting, pursuant to law, an annual report mitting, pursuant to law, the report of a pe- Acquisition Officer, Office of Acquisition on the Child Support Enforcement Program tition to add workers from the Pantex Plant Policy, General Services Administration, for fiscal year 2009; to the Committee on Fi- in Amarillo, Texas, to the Special Exposure transmitting, pursuant to law, the report of nance. Cohort; to the Committee on Health, Edu- a rule entitled ‘‘Federal Acquisition Regula- EC–4459. A communication from the Chief cation, Labor, and Pensions. tion; Federal Acquisition Circular 2005–55; of the Publications and Regulations Branch, EC–4470. A communication from the In- Introduction’’ (FAC 2005–55) received during Internal Revenue Service, Department of the spector General, Department of Health and adjournment of the Senate in the Office of Treasury, transmitting, pursuant to law, the Human Services, transmitting, pursuant to the President of the Senate on January 3, report of a rule entitled ‘‘Relief for IRA Own- law, a report entitled ‘‘Community Living 2012; to the Committee on Homeland Secu- ers Subject to Certain Broker Agreements’’ Assistance Services and Supports Program: rity and Governmental Affairs. (Announcement 2011–81) received during ad- 2011 Report to Congress’’; to the Committee EC–4479. A communication from the Chief journment of the Senate in the Office of the on Health, Education, Labor, and Pensions. Acquisition Officer, Office of Acquisition President of the Senate on December 18, 2011; EC–4471. A communication from the Sec- Policy, General Services Administration, to the Committee on Finance. retary of Health and Human Services, trans- transmitting, pursuant to law, the report of EC–4460. A communication from the Com- mitting, pursuant to law, a report entitled a rule entitled ‘‘Federal Acquisition Regula- missioner, Social Security Administration, ‘‘Report to Congress on the Head Start Des- tion; FAR Case 2008–032, Preventing Abuse of transmitting, pursuant to law, the Adminis- ignation Renewal System’’; to the Com- Interagency Contracts’’ ((RIN9000–AL69) tration’s Competitive Sourcing Report for mittee on Health, Education, Labor, and (FAC 2005–55)) received during adjournment fiscal year 2011; to the Committee on Fi- Pensions. of the Senate in the Office of the President nance. EC–4472. A communication from the Chief of the Senate on January 3, 2012; to the Com- EC–4461. A communication from the Chief of the Branch of Policy, Regulations and mittee on Homeland Security and Govern- of the Publications and Regulations Branch, Procedures Division of Longshore and Har- mental Affairs. Internal Revenue Service, Department of the bor Workers’ Compensation, Office of Work- EC–4480. A communication from the Chief Treasury, transmitting, pursuant to law, the ers’ Compensation Programs, Department of Acquisition Officer, Office of Acquisition report of a rule entitled ‘‘Ronald Andrew Labor, transmitting, pursuant to law, the re- Policy, General Services Administration, Mayo and Leslie Archer Mayo v. Commis- port of a rule entitled ‘‘Regulations Imple- transmitting, pursuant to law, the report of sioner, 136 T.C. 81 (2011)’’ (AOD–2011–06) re- menting the Longshore and Harbor Workers’ a rule entitled ‘‘Federal Acquisition Regula- ceived during adjournment of the Senate in Compensation Act: Recreational Vessels’’ tion; FAR Case 2010–016, Public Access to the

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.035 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S41 Federal Awardee Performance and Integrity tration, transmitting, pursuant to law, the S. 499. A bill to authorize the Secretary of Information System’’ ((RIN9000–AL94) (FAC Semiannual Report from the Office of the In- the Interior to facilitate the development of 2005–55)) received during adjournment of the spector General for the period from April 1, hydroelectric power on the Diamond Fork Senate in the Office of the President of the 2011 through September 30, 2011; to the Com- System of the Central Utah Project (Rept. Senate on January 3, 2012; to the Committee mittee on Homeland Security and Govern- No. 112–110). on Homeland Security and Governmental Af- mental Affairs. By Mr. BINGAMAN, from the Committee fairs. EC–4490. A communication from the Ad- on Energy and Natural Resources, with EC–4481. A communication from the Chief ministrator, Transportation Security Ad- amendments: Acquisition Officer, Office of Acquisition ministration, Department of Homeland Se- S. 500. A bill to direct the Secretary of the Policy, General Services Administration, curity, transmitting, pursuant to law, a re- Interior to convey certain Federal features transmitting, pursuant to law, the report of port entitled ‘‘2011 Sector Critical Infra- of the electric distribution system to the a rule entitled ‘‘Federal Acquisition Regula- structure Protection Annual Report for the South Utah Valley Electric Service District, and for other purposes (Rept. No. 112–111). tion; FAR Case 2009–043, Time-and-Materials Transportation Systems Sector’’; to the By Mr. BINGAMAN, from the Committee and Labor-Hour Contracts for Commercial Committee on Homeland Security and Gov- on Energy and Natural Resources, with an Items’’ ((RIN9000–AL74) (FAC 2005–55)) re- ernmental Affairs. amendment in the nature of a substitute: ceived during adjournment of the Senate in EC–4491. A communication from the Ad- S. 526. A bill to provide for the conveyance the Office of the President of the Senate on ministrator, Transportation Security Ad- of certain Bureau of Land Management land January 3, 2012; to the Committee on Home- ministration, Department of Homeland Se- in Mohave County, Arizona, to the Arizona land Security and Governmental Affairs. curity, transmitting, pursuant to law, a re- Game and Fish Commission, for use as a pub- EC–4482. A communication from the Chief port entitled ‘‘2011 Sector Critical Infra- lic shooting range (Rept. No. 112–112). Acquisition Officer, Office of Acquisition structure Protection Annual Report for the By Mr. BINGAMAN, from the Committee Policy, General Services Administration, Postal and Shipping Sector’’; to the Com- on Energy and Natural Resources, without transmitting, pursuant to law, the report of mittee on Homeland Security and Govern- amendment: a rule entitled ‘‘Federal Acquisition Regula- mental Affairs. S. 667. A bill to establish the Rio Grande tion; FAR Case 2005–037, Brand-Name Speci- f del Norte National Conservation Area in the fications’’ ((RIN9000–AK55) (FAC 2005–55)) re- State of New Mexico, and for other purposes ceived during adjournment of the Senate in REPORTS OF COMMITTEES DURING (Rept. No. 112–113). the Office of the President of the Senate on ADJOURNMENT S. 765. A bill to modify the boundary of the January 3, 2012; to the Committee on Home- Oregon Caves National Monument, and for land Security and Governmental Affairs. Under the authority of the order of other purposes (Rept. No. 112–114). EC–4483. A communication from the Chief the Senate of December 17, 2011, the S. 766. A bill to provide for the designation Acquisition Officer, Office of Acquisition following reports of committees were of the Devil’s Staircase Wilderness Area in Policy, General Services Administration, submitted on January 13, 2012: the State of Oregon, to designate segments transmitting, pursuant to law, the report of of Wasson and Franklin Creeks in the State By Mr. BINGAMAN, from the Committee a rule entitled ‘‘Federal Acquisition Regula- of Oregon as wild rivers, and for other pur- on Energy and Natural Resources, with an tion; FAR Case 2011–021, Transition to the poses (Rept. No. 112–115). amendment in the nature of a substitute: System for Award Management (SAM)’’ S. 779. A bill to authorize the acquisition S. 114. A bill to authorize the Secretary of ((RIN9000–AM14) (FAC 2005–55)) received dur- and protection of nationally significant bat- the Interior to enter into a cooperative ing adjournment of the Senate in the Office tlefields and associated sites of the Revolu- agreement for a park headquarters at San of the President of the Senate on January 3, tionary War and the War of 1812 under the Antonio Missions National Historical Park, 2012; to the Committee on Homeland Secu- American Battlefield Protection Program to expand the boundary of the Park, to con- rity and Governmental Affairs. (Rept. No. 112–116). EC–4484. A communication from the Gen- duct a study of potential land acquisitions, S. 802. A bill to authorize the Secretary of eral Counsel, Office of Management and and for other purposes (Rept. No. 112–103). the Interior to allow the storage and convey- Budget, Executive Office of the President, By Mr. BINGAMAN, from the Committee ance of nonproject water at the Norman transmitting, pursuant to law, the report of on Energy and Natural Resources, without project in Oklahoma, and for other purposes a rule entitled ‘‘Cost Accounting Standards amendment: (Rept. No. 112–117). Pension Harmonization’’ (48 CFR Part 9904) S. 140. A bill to designate as wilderness cer- S. 883. A bill to authorize National Mall received during adjournment of the Senate tain land and inland water within the Sleep- Liberty Fund D.C. to establish a memorial in the Office of the President of the Senate ing Bear Dunes National Lakeshore in the on Federal land in the District of Columbia on January 3, 2012; to the Committee on State of Michigan, and for other purposes to honor free persons and slaves who fought Homeland Security and Governmental Af- (Rept. No. 112–104). for independence, liberty, and justice for all fairs. By Mr. BINGAMAN, from the Committee during the American Revolution (Rept. No. EC–4485. A communication from the Gen- on Energy and Natural Resources, with 112–118). S. 888. A bill to amend the Wild and Scenic eral Counsel, Office of Management and amendments: Rivers Act to designate a segment of Illabot Budget, Executive Office of the President, S. 247. A bill to establish the Harriet Tub- Creek in Skagit County, Washington, as a transmitting, pursuant to law, the report of man National Historical Park in Auburn, component of the National Wild and Scenic a rule entitled ‘‘Cost Accounting Standards New York, and the Harriet Tubman Under- ground Railroad National Historical Park in Rivers System (Rept. No. 112–119). Applicability Threshold’’ (48 CFR Parts 9901 By Mr. BINGAMAN, from the Committee and 9903) received during adjournment of the Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes (Rept. No. on Energy and Natural Resources, with Senate in the Office of the President of the amendments: Senate on January 3, 2012; to the Committee 112–105). By Mr. BINGAMAN, from the Committee S. 896. A bill to amend the Public Land on Homeland Security and Governmental Af- Corps Act of 1993 to expand the authorization fairs. on Energy and Natural Resources, with an amendment: of the Secretaries of Agriculture, Commerce, EC–4486. A communication from the Dis- and the Interior to provide service opportu- S. 264. A bill to direct the Secretary of the trict of Columbia Auditor, transmitting, pur- nities for young Americans; help restore the Interior to convey to the State of Mississippi suant to law, a report entitled, ‘‘Audit of the nation’s natural, cultural, historic, archae- 2 parcels of surplus land within the boundary District of Columbia Lottery and Charitable ological, recreational and scenic resources; of the Natchez Trace Parkway, and for other Games Control Board From Fiscal Year (FY) train a new generation of public land man- purposes (Rept. No. 112–106). 2007 to FY 2009’’; to the Committee on Home- agers and enthusiasts; and promote the value By Mr. BINGAMAN, from the Committee land Security and Governmental Affairs. of public service (Rept. No. 112–120). EC–4487. A communication from the Fed- on Energy and Natural Resources, without By Mr. BINGAMAN, from the Committee eral Co-Chair, Appalachian Regional Com- amendment: on Energy and Natural Resources, without mission, transmitting, pursuant to law, the S. 302. A bill to authorize the Secretary of amendment: Commission’s Semiannual Report of the In- the Interior to issue right-of-way permits for S. 970. A bill to designate additional seg- spector General for the period from April 1, a natural gas transmission pipeline in non- ments and tributaries of White Clay Creek, 2011 through September 30, 2011; to the Com- wilderness areas within the boundary of in the States of Delaware and Pennsylvania, mittee on Homeland Security and Govern- Denali National Park, and for other purposes as a component of the National Wild and mental Affairs. (Rept. No. 112–107). Scenic Rivers System (Rept. No. 112–121). EC–4488. A communication from the Ad- S. 322. A bill to expand the Alpine Lakes S. 1047. A bill to amend the Reclamation ministrator, National Aeronautics and Space Wilderness in the State of Washington, to Projects Authorization and Adjustment of Administration, transmitting, pursuant to designate the Middle Fork Snoqualmie River 1992 to require the Secretary of the Interior, law, a report entitled ‘‘Performance and Ac- and Pratt River as wild and scenic rivers, acting through the Bureau of Reclamation, countability Report Fiscal Year 2011’’; to the and for other purposes (Rept. No. 112–108). to take actions to improve environmental Committee on Homeland Security and Gov- S. 323. A bill to establish the First State conditions in the vicinity of the Leadville ernmental Affairs. National Historical Park in the State of Mine Drainage Tunnel in Lake County, Colo- EC–4489. A communication from the Ad- Delaware, and for other purposes (Rept. No. rado, and for other purposes (Rept. No. 112– ministrator of the Small Business Adminis- 112–109). 122).

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.037 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S42 CONGRESSIONAL RECORD — SENATE January 23, 2012 S. 1090. A bill to designate as wilderness mitted under section 3101A of title 31, United SNOWE) was added as a cosponsor of S. certain public land in the Cherokee National States Code, on January 12, 2012; placed on 547, a bill to direct the Secretary of Forest in the State of Tennessee, and for the calendar. Education to establish an award pro- other purposes (Rept. No. 112–123). f gram recognizing excellence exhibited By Mr. BINGAMAN, from the Committee on Energy and Natural Resources: SUBMISSION OF CONCURRENT AND by public school system employees pro- Report to accompany S. 1134, A bill to au- SENATE RESOLUTIONS viding services to students in pre-kin- thorize the St. Croix River Crossing Project dergarten through higher education. The following concurrent resolutions with appropriate mitigation measures to S. 567 and Senate resolutions were read, and promote river values (Rept. No. 112–124). At the request of Ms. COLLINS, the referred (or acted upon), as indicated: By Mr. BINGAMAN, from the Committee name of the Senator from Maine (Ms. on Energy and Natural Resources, with an By Mrs. GILLIBRAND: SNOWE) was added as a cosponsor of S. amendment in the nature of a substitute: S. Res. 352. A resolution expressing the S. 1325. A bill to direct the Secretary of the sense of the Senate that the United States 567, a bill to amend the small, rural Interior to study the suitability and feasi- should work with the Government of Haiti to school achievement program and the bility of designating sites in the Lower Mis- address gender-based violence against rural and low-income school program sissippi River Area in the State of Louisiana women and children; to the Committee on under part B of title VI of the Elemen- as a unit of the National Park System, and Foreign Relations. tary and Secondary Education Act of for other purposes (Rept. No. 112–125). f 1965. S. 1344. A bill to direct the Secretary of Agriculture to take immediate action to re- ADDITIONAL COSPONSORS S. 634 cover ecologically and economically from a At the request of Mr. SCHUMER, the catastrophic wildfire in the State of Arizona, S. 20 name of the Senator from Pennsyl- and for other purposes (Rept. No. 112–126). At the request of Mr. HATCH, the vania (Mr. CASEY) was added as a co- By Mr. BINGAMAN, from the Committee name of the Senator from Arkansas sponsor of S. 634, a bill to ensure that on Energy and Natural Resources, without (Mr. BOOZMAN) was added as a cospon- the courts of the United States may amendment: sor of S. 20, a bill to protect American provide an impartial forum for claims S. 1421. A bill to authorize the Peace Corps job creation by striking the job-killing brought by United States citizens and Commemorative Foundation to establish a Federal employer mandate. commemorative work in the District of Co- others against any railroad organized lumbia and its environs, and for other pur- S. 296 as a separate legal entity, arising from poses (Rept. No. 112–127). At the request of Ms. KLOBUCHAR, the the deportation of United States citi- S. 1478. A bill to modify the boundary of names of the Senator from New Hamp- zens and others to Nazi concentration the Minuteman Missile National Historic shire (Mrs. SHAHEEN) and the Senator camps on trains owned or operated by Site in the State of South Dakota, and for from Michigan (Ms. STABENOW) were such railroad, and by the heirs and sur- other purposes (Rept. No. 112–128). added as cosponsors of S. 296, a bill to vivors of such persons. H.R. 441. To authorize the Secretary of the Interior to issue permits for microhydro amend the Federal Food, Drug, and S. 665 projects in nonwilderness areas within the Cosmetic Act to provide the Food and At the request of Mr. BROWN of Ohio, boundaries of Denali National Park and Pre- Drug Administration with improved the name of the Senator from New serve, to acquire land for Denali National capacity to prevent drug shortages. York (Mr. SCHUMER) was added as a co- Park and Preserve from Doyon Tourism, S. 381 sponsor of S. 665, a bill to promote in- Inc., and for other purposes (Rept. No. 112– At the request of Mr. TESTER, the dustry growth and competitiveness and 129). H.R. 461. A bill to direct the Secretary of name of the Senator from Michigan to improve worker training, retention, the Interior to convey certain Federal fea- (Ms. STABENOW) was added as a cospon- and advancement, and for other pur- tures of the electric distribution system to sor of S. 381, a bill to amend the Arms poses. the South Utah Valley Electric Service Dis- Export Control Act to provide that cer- S. 752 trict, and for other purposes (Rept. No. 112– tain firearms listed as curios or relics At the request of Mrs. FEINSTEIN, the 130). may be imported into the United name of the Senator from Michigan f States by a licensed importer without (Ms. STABENOW) was added as a cospon- INTRODUCTION OF BILLS AND obtaining authorization from the De- sor of S. 752, a bill to establish a com- JOINT RESOLUTIONS partment of State or the Department prehensive interagency response to re- of Defense, and for other purposes. duce lung cancer mortality in a timely The following bills and joint resolu- S. 412 manner. tions were introduced, read the first At the request of Mr. LEVIN, the and second times by unanimous con- S. 829 name of the Senator from Maryland sent, and referred as indicated: At the request of Mr. CARDIN, the (Ms. MIKULSKI) was added as a cospon- name of the Senator from Iowa (Mr. By Mr. DURBIN (for himself and Mr. sor of S. 412, a bill to ensure that HARKIN) was added as a cosponsor of S. HARKIN): amounts credited to the Harbor Main- S. 2032. A bill to amend the Higher Edu- 829, a bill to amend title XVIII of the cation Act of 1965 regarding proprietary in- tenance Trust Fund are used for harbor Social Security Act to repeal the Medi- stitutions of higher education in order to maintenance. care outpatient rehabilitation therapy protect students and taxpayers; to the Com- S. 418 caps. mittee on Health, Education, Labor, and At the request of Mr. HARKIN, the S. 968 Pensions. name of the Senator from Maryland By Mr. LEVIN: At the request of Mr. HATCH, his (Ms. MIKULSKI) was added as a cospon- S. 2033. A bill to amend the Internal Rev- name and the names of the Senator enue Code of 1986 to end the costly deriva- sor of S. 418, a bill to award a Congres- from Missouri (Mr. BLUNT), the Senator tives blended rate loophole, and for other sional Gold Medal to the World War II from Florida (Mr. RUBIO), the Senator purposes; to the Committee on Finance. members of the Civil Air Patrol. from Arkansas (Mr. BOOZMAN), the Sen- By Mr. MCCONNELL (for himself, Mrs. S. 506 ator from New Hampshire (Ms. AYOTTE) HUTCHISON, Mr. LEE, Mr. HATCH, Mr. At the request of Mr. CASEY, the and the Senator from Idaho (Mr. RISCH) BARRASSO, Mr. CORNYN, Ms. AYOTTE, names of the Senator from New Mexico were withdrawn as cosponsors of S. 968, Mr. MORAN, Mr. ALEXANDER, Mr. INGAMAN CRAPO, Mr. RUBIO, Mr. COATS, Mr. (Mr. B ) and the Senator from a bill to prevent online threats to eco- ENZI, Mr. SESSIONS, Mr. BURR, Mr. Florida (Mr. NELSON) were added as co- nomic creativity and theft of intellec- VITTER, Mr. ISAKSON, Mr. BLUNT, Mr. sponsors of S. 506, a bill to amend the tual property, and for other purposes. BOOZMAN, Mr. KYL, Mr. MCCAIN, Mr. Elementary and Secondary Education At the request of Mr. BENNET, his SHELBY, Mr. WICKER, Mr. CHAMBLISS, Act of 1965 to address and take action name was withdrawn as a cosponsor of Mr. LUGAR, Mr. RISCH, Mr. ROBERTS, to prevent bullying and harassment of S. 968, supra. Mr. INHOFE, Mr. GRASSLEY, Mr. KIRK, students. S. 1018 and Mr. GRAHAM): S.J. Res. 34. A joint resolution relating to S. 547 At the request of Mr. KERRY, the the disapproval of the President’s exercise of At the request of Mrs. MURRAY, the name of the Senator from Montana authority to increase the debt limit, as sub- name of the Senator from Maine (Ms. (Mr. TESTER) was added as a cosponsor

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.056 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S43 of S. 1018, a bill to amend title 10, lic school districts and community col- matic inflation increases for discre- United States Code, and the Ike Skel- leges across the United States in order tionary programs built into the base- ton National Defense Authorization to support the achievement of im- line projections and require budget es- Act for Fiscal Year 2011 to provide for proved educational outcomes in those timates to be compared with the prior implementation of additional rec- schools, and for other purposes. year’s level. ommendations of the Defense Task S. 1607 S. 1925 Force on Sexual Assault in the Mili- At the request of Mr. BLUMENTHAL, At the request of Mr. LEAHY, the tary Services. the name of the Senator from Rhode Is- names of the Senator from Maryland S. 1039 land (Mr. WHITEHOUSE) was added as a (Mr. CARDIN), the Senator from New At the request of Mr. CARDIN, the cosponsor of S. 1607, a bill to include Jersey (Mr. LAUTENBERG), the Senator name of the Senator from Oregon (Mr. shellfish to the list of crops eligible for from Michigan (Mr. LEVIN) and the WYDEN) was added as a cosponsor of S. the noninsured crop disaster assistance Senator from Vermont (Mr. SANDERS) 1039, a bill to impose sanctions on per- program and the emergency assistance were added as cosponsors of S. 1925, a sons responsible for the detention, for livestock program of the Depart- bill to reauthorize the Violence abuse, or death of Sergei Magnitsky, ment of Agriculture. Against Women Act of 1994. for the conspiracy to defraud the Rus- S. 1680 S. 1930 sian Federation of taxes on corporate At the request of Mr. CONRAD, the At the request of Mr. JOHANNS, his profits through fraudulent transactions name of the Senator from Montana name was added as a cosponsor of S. and lawsuits against Hermitage, and (Mr. TESTER) was added as a cosponsor 1930, a bill to prohibit earmarks. for other gross violations of human of S. 1680, a bill to amend title XVIII of At the request of Mr. TOOMEY, the rights in the Russian Federation, and the Social Security Act to protect and name of the Senator from Ohio (Mr. for other purposes. preserve access of Medicare bene- PORTMAN) was added as a cosponsor of S. 1241 ficiaries in rural areas to health care S. 1930, supra. At the request of Mr. RUBIO, the providers under the Medicare program, S. 1941 name of the Senator from North Da- and for other purposes. At the request of Mrs. HUTCHISON, the kota (Mr. HOEVEN) was added as a co- S. 1707 name of the Senator from Florida (Mr. sponsor of S. 1241, a bill to amend title At the request of Mr. BURR, the name NELSON) was added as a cosponsor of S. 18, United States Code, to prohibit tak- of the Senator from Idaho (Mr. CRAPO) 1941, a bill to amend the securities laws ing minors across State lines in cir- was added as a cosponsor of S. 1707, a to establish certain thresholds for cumvention of laws requiring the in- bill to amend title 38, United States shareholder registration, and for other volvement of parents in abortion deci- Code, to clarify the conditions under purposes. sions. which certain persons may be treated S. 1963 S. 1245 as adjudicated mentally incompetent At the request of Mr. ISAKSON, the names of the Senator from Louisiana At the request of Mr. BLUNT, the for certain purposes. (Ms. LANDRIEU) and the Senator from name of the Senator from Connecticut S. 1802 Alaska (Mr. BEGICH) were added as co- (Mr. BLUMENTHAL) was added as a co- At the request of Mr. UDALL of Colo- sponsors of S. 1963, a bill to revoke the sponsor of S. 1245, a bill to provide for rado, the name of the Senator from charters for the Federal National Mort- the establishment of the Special Envoy California (Mrs. FEINSTEIN) was added gage Corporation and the Federal to Promote Religious Freedom of Reli- as a cosponsor of S. 1802, a bill to au- Home Loan Mortgage Corporation upon gious Minorities in the Near East and thorize the Secretary of the Interior to resolution of their obligations, to cre- South Central Asia. carry out programs and activities that ate a new Mortgage Finance Agency S. 1299 connect Americans, especially chil- for the securitization of single family dren, youth, and families, with the out- At the request of Mr. MORAN, the and multifamily mortgages, and for doors. names of the Senator from Iowa (Mr. other purposes. GRASSLEY), the Senator from Hawaii S. 1816 S. 1994 (Mr. AKAKA) and the Senator from Ne- At the request of Mr. LAUTENBERG, At the request of Mr. SCHUMER, the braska (Mr. JOHANNS) were added as co- the name of the Senator from Wash- name of the Senator from New York sponsors of S. 1299, a bill to require the ington (Mrs. MURRAY) was added as a (Mrs. GILLIBRAND) was added as a co- Secretary of the Treasury to mint cosponsor of S. 1816, a bill to amend sponsor of S. 1994, a bill to prohibit de- coins in commemoration of the centen- title 23, United States Code, to modify ceptive practices in Federal elections. nial of the establishment of Lions a provision relating to minimum pen- S. 2003 Clubs International. alties for repeat offenders for driving At the request of Mrs. FEINSTEIN, the while intoxicated or driving under the S. 1355 names of the Senator from California influence. At the request of Mrs. FEINSTEIN, the (Mrs. BOXER), the Senator from Mary- S. 1845 name of the Senator from Maryland land (Ms. MIKULSKI) and the Senator (Ms. MIKULSKI) was added as a cospon- At the request of Mr. WYDEN, the from Oregon (Mr. WYDEN) were added sor of S. 1355, a bill to regulate polit- name of the Senator from New Jersey as cosponsors of S. 2003, a bill to clarify ical robocalls. (Mr. MENENDEZ) was added as a cospon- that an authorization to use military S. 1591 sor of S. 1845, a bill to amend the Inter- force, a declaration of war, or any simi- At the request of Mrs. GILLIBRAND, nal Revenue Code of 1986 to provide for lar authority shall not authorize the the names of the Senator from Illinois an energy investment credit for energy detention without charge or trial of a (Mr. DURBIN) and the Senator from storage property connected to the grid, citizen or lawful permanent resident of Florida (Mr. NELSON) were added as co- and for other purposes. the United States and for other pur- sponsors of S. 1591, a bill to award a S. 1863 poses. Congressional Gold Medal to Raoul At the request of Mr. MENENDEZ, the S. 2006 Wallenberg, in recognition of his name of the Senator from Connecticut At the request of Mr. LAUTENBERG, achievements and heroic actions dur- (Mr. LIEBERMAN) was added as a co- the name of the Senator from New Jer- ing the Holocaust. sponsor of S. 1863, a bill to amend the sey (Mr. MENENDEZ) was added as a co- S. 1597 Internal Revenue Code of 1986 to en- sponsor of S. 2006, a bill to amend the At the request of Mr. BROWN of Ohio, courage alternative energy invest- Surface Transportation and Uniform the name of the Senator from New Jer- ments and job creation. Relocation Assistance Act of 1987 to sey (Mr. MENENDEZ) was added as a co- S. 1896 authorize the Secretary of Transpor- sponsor of S. 1597, a bill to provide as- At the request of Ms. AYOTTE, the tation to permit Federal regulation sistance for the modernization, renova- name of the Senator from Ohio (Mr. and review of tolls and toll increases tion, and repair of elementary school PORTMAN) was added as a cosponsor of on certain surface transportation fa- and secondary school buildings in pub- S. 1896, a bill to eliminate the auto- cilities, and for other purposes.

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S. 2010 (B) in subparagraph (E), by striking the pe- ‘‘(II) only to the extent that funds in that At the request of Mr. KERRY, the riod and inserting ‘‘; and’’; and account represent designated funds, or in- name of the Senator from New Mexico (C) by adding at the end the following: come earned on such funds, from an outside ‘‘(F) meets the requirements of paragraph source that— (Mr. UDALL) was added as a cosponsor (2).’’; ‘‘(aa) has no affiliation with the institu- of S. 2010, a bill to amend title II of the (2) by redesignating paragraph (2) as para- tion; and Social Security Act to repeal the Gov- graph (3); and ‘‘(bb) shares no employees with the institu- ernment pension offset and windfall (3) by inserting after paragraph (1) the fol- tion; and elimination provisions. lowing: ‘‘(vi) exclude from revenues— S.J. RES. 29 ‘‘(2) REVENUE SOURCES.— ‘‘(I) the amount of funds the institution re- At the request of Mr. UDALL of New ‘‘(A) IN GENERAL.—In order to qualify as a ceived under part C of title IV, unless the in- Mexico, the name of the Senator from proprietary institution of higher education stitution used those funds to pay a student’s under this subsection, an institution shall institutional charges; Maryland (Mr. CARDIN) was added as a derive not less than 15 percent of the institu- ‘‘(II) the amount of funds the institution cosponsor of S.J. Res. 29, a joint resolution’s revenues from sources other than Fed- received under subpart 4 of part A of title IV; tion proposing an amendment to the eral funds, as calculated in accordance with ‘‘(III) the amount of funds provided by the Constitution of the United States re- subparagraphs (B) and (C). institution as matching funds for any Fed- lating to contributions and expendi- ‘‘(B) FEDERAL FUNDS.—In this paragraph, eral program; tures intended to affect elections. the term ‘Federal funds’ means any Federal ‘‘(IV) the amount of Federal funds provided to the institution to pay institutional S. RES. 232 financial assistance provided, under this Act or any other Federal law, through a grant, charges for a student that were refunded or At the request of Mr. MENENDEZ, the contract, subsidy, loan, guarantee, insur- returned; and name of the Senator from Wisconsin ance, or other means to a proprietary insti- ‘‘(V) the amount charged for books, sup- (Mr. JOHNSON) was added as a cosponsor tution, including Federal financial assist- plies, and equipment, unless the institution of S. Res. 232, a resolution recognizing ance that is disbursed or delivered to an in- includes that amount as tuition, fees, or the continued persecution of Falun stitution or on behalf of a student or to a other institutional charges. Gong practitioners in China on the 12th student to be used to attend the institution, ‘‘(D) REPORT TO CONGRESS.—Not later than anniversary of the campaign by the except that such term shall not include any July 1, 2012, and by July 1 of each succeeding year, the Secretary shall submit to the au- Chinese Communist Party to suppress monthly housing stipend provided under the Post-9/11 Veterans Educational Assistance thorizing committees a report that contains, the Falun Gong movement, recognizing Program under chapter 33 of title 38, United for each proprietary institution of higher the Tuidang movement whereby Chi- States Code. education that receives assistance under nese citizens renounce their ties to the ‘‘(C) IMPLEMENTATION OF NON-FEDERAL REV- title IV and as provided in the audited finan- Chinese Communist Party and its af- ENUE REQUIREMENT.—In making calculations cial statements submitted to the Secretary filiates, and calling for an immediate under subparagraph (A), an institution of by each institution pursuant to the require- end to the campaign to persecute higher education shall— ments of section 487(c)— Falun Gong practitioners. ‘‘(i) use the cash basis of accounting; ‘‘(i) the amount and percentage of such in- ‘‘(ii) consider as revenue only those funds stitution’s revenues received from Federal S. RES. 310 generated by the institution from— funds; and At the request of Ms. COLLINS, the ‘‘(I) tuition, fees, and other institutional ‘‘(ii) the amount and percentage of such in- name of the Senator from Massachu- charges for students enrolled in programs el- stitution’s revenues received from other setts (Mr. BROWN) was added as a co- igible for assistance under title IV; sources.’’. sponsor of S. Res. 310, a resolution des- ‘‘(II) activities conducted by the institu- (b) REPEAL OF EXISTING REQUIREMENTS.— ignating 2012 as the ‘‘Year of the Girl’’ tion that are necessary for the education and Section 487 of the Higher Education Act of and Congratulating Girl Scouts of the training of the institution’s students, if such 1965 (20 U.S.C. 1094) is amended— USA on its 100th anniversary. activities are— (1) in subsection (a)— ‘‘(aa) conducted on campus or at a facility (A) by striking paragraph (24); At the request of Ms. MIKULSKI, the under the control of the institution; name of the Senator from Texas (Mrs. (B) by redesignating paragraphs (25) ‘‘(bb) performed under the supervision of a through (29) as paragraphs (24) through (28), HUTCHISON) was added as a cosponsor of member of the institution’s faculty; and respectively; S. Res. 310, supra. ‘‘(cc) required to be performed by all stu- (C) in paragraph (24)(A)(ii) (as redesignated f dents in a specific educational program at by subparagraph (B)), by striking ‘‘sub- the institution; and STATEMENTS ON INTRODUCED section (e)’’ and inserting ‘‘subsection (d)’’; ‘‘(III) a contractual arrangement with a and BILLS AND JOINT RESOLUTIONS Federal agency for the purpose of providing (D) in paragraph (26) (as redesignated by By Mr. DURBIN (for himself and job training to low-income individuals who subparagraph (B)), by striking ‘‘subsection are in need of such training; Mr. HARKIN): (h)’’ and inserting ‘‘subsection (g)’’; ‘‘(iii) presume that any Federal funds that (2) by striking subsection (d); S. 2032. A bill to amend the Higher are disbursed or delivered to an institution Education Act of 1965 regarding propri- (3) by redesignating subsections (e) on behalf of a student or directly to a stu- through (j) as subsections (d) through (i), re- etary institutions of higher education dent will be used to pay the student’s tui- spectively; in order to protect students and tax- tion, fees, or other institutional charges, re- (4) in subsection (f)(1) (as redesignated by payers; to the Committee on Health, gardless of whether the institution credits paragraph (3)), by striking ‘‘subsection Education, Labor, and Pensions. such funds to the student’s account or pays (e)(2)’’ and inserting ‘‘subsection (d)(2)’’; and Mr. DURBIN. Mr. President, I ask such funds directly to the student, except to (5) in subsection (g)(1) (as redesignated by the extent that the student’s tuition, fees, or paragraph (3)), by striking ‘‘subsection unanimous consent that the text of the other institutional charges are satisfied by— bill be printed in the RECORD. (a)(27)’’ in the matter preceding subpara- ‘‘(I) grant funds provided by an outside graph (A) and inserting ‘‘subsection (a)(26)’’. There being no objection, the text of source that— the bill was ordered to be printed in ‘‘(aa) has no affiliation with the institu- (c) CONFORMING AMENDMENTS.—The Higher the RECORD, as follows: tion; and Education Act of 1965 (20 U.S.C. 1001 et seq.) S. 2032 ‘‘(bb) shares no employees with the institu- is amended— tion; and (1) in section 152 (20 U.S.C. 1019a)— Be it enacted by the Senate and House of Rep- ‘‘(II) institutional scholarships described (A) in subsection (a)(1)(A), by striking resentatives of the United States of America in in clause (v); ‘‘subsections (a)(27) and (h) of section 487’’ Congress assembled, ‘‘(iv) include no loans made by an institu- and inserting ‘‘subsections (a)(26) and (g) of SECTION 1. SHORT TITLE. tion of higher education as revenue to the section 487’’; and This Act may be cited as the ‘‘Protecting school, except for payments made by stu- (B) in subsection (b)(1)(B)(i)(I), by striking Our Students and Taxpayers Act’’ or ‘‘POST dents on such loans; ‘‘section 487(e)’’ and inserting ‘‘section Act’’. ‘‘(v) include a scholarship provided by the 487(d)’’; SEC. 2. 85/15 RULE. institution— (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), (a) IN GENERAL.—Section 102(b) of the ‘‘(I) only if the scholarship is in the form of by striking ‘‘section 487(a)(25)’’ each place Higher Education Act of 1965 (20 U.S.C. monetary aid based upon the academic the term appears and inserting ‘‘section 1002(b)) is amended— achievements or financial need of students, 487(a)(24)’’; (1) in paragraph (1)— disbursed to qualified student recipients dur- (3) in section 496(c)(3)(A) (20 U.S.C. (A) in subparagraph (D), by striking ‘‘and’’ ing each fiscal year from an established re- 1099b(c)(3)(A)), by striking ‘‘section 487(f)’’ after the semicolon; stricted account; and and inserting ‘‘section 487(e)’’; and

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.043 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S45 (4) in section 498(k)(1) (20 U.S.C. bestows a substantial tax break on LUGAR, Mr. RISCH, Mr. ROB- 1099c(k)(1)), by striking ‘‘section 487(f)’’ and those who typically hold the covered ERTS, Mr. INHOFE, Mr. GRASS- inserting ‘‘section 487(e)’’. derivatives for only a brief period. It LEY, Mr. KIRK, and Mr. By Mr. LEVIN: encourages and rewards short-term GRAHAM): S. 2033. A bill to amend the Internal speculation in complicated financial S.J. Res. 34. A joint resolution relat- Revenue Code of 1986 to end the costly products and does little, if anything, to ing to the disapproval of the Presi- derivatives blended rate loophole, and help our economy grow and create jobs. dent’s exercise of authority to increase for other purposes; to the Committee In fact, the increasing focus of our fi- the debt limit, as submitted under sec- on Finance. nancial markets on short-term profit tion 3101A of title 31, United States Mr. LEVIN. Mr. President, the com- through trades that last just minutes Code, on January 12, 2012; placed on the ing year is certain to be focused on two or seconds threatens real damage to calendar. problems: the need to restore pros- our economy. This speculation is hard- Mr. McCONNELL. Mr. President, I perity for American working families, ly the sort of activity that our tax code ask unanimous consent that the text of and the need to reduce our budget def- should subsidize. the joint resolution be printed in the icit. Our challenge is to accomplish We also lose significant tax revenue RECORD. these goals together, and not to pursue by allowing this tax break—a revenue There being no objection, the text of one at the expense of the other. As I loss that means we must either ask for the joint resolution was ordered to be have said repeatedly to this Senate, I more from American families, or add printed in the RECORD, as follows: believe the only way we can success- to the deficit. What’s more, this mis- S.J. RES. 34 fully achieve both goals is to pursue guided policy contributes to the basic Resolved by the Senate and House of Rep- deficit reduction strategies that do not unfairness that characterizes too much resentatives of the United States of America rely solely on slashing federal spending of our tax code, by providing an un- Congress assembled, That Congress dis- and attacking programs that help build usual and unnecessary tax break to a approves of the President’s exercise of au- opportunity for the middle class. We small group of financial speculators. thority to increase the debt limit on Janu- must recognize that revenue, as well as Instead of encouraging growth and in- ary 12, 2012, as exercised pursuant to the cer- spending cuts, must be part of our vestment, these loopholes contribute tification under section 3101A(a) of title 31, United States Code. strategy, and we must ensure that the to what Warren Buffett has called the sacrifices that surely will be needed to ‘‘coddling’’ of the wealthy and well- f reduce the deficit fall not just on mid- placed. SUBMITTED RESOLUTIONS dle-class Americans, but are spread eq- Closing this loophole is a common- uitably, and ask for contributions from sense, mainstream idea. I ask my col- those who have benefitted so greatly leagues to heed the advice of the tax SENATE RESOLUTION 352—EX- from policies enacted in the past. experts at the American Bar Associa- PRESSING THE SENSE OF THE Today I introduce the Closing the De- tion’s Tax Section, who wrote in De- SENATE THAT THE UNITED rivatives Blended Rate Loophole Act. cember to the tax-writing committees STATES SHOULD WORK WITH This bill meets the twin tests of help- of the House and Senate: THE GOVERNMENT OF HAITI TO ing to reduce the deficit while pro- We are aware of no policy reason to pro- ADDRESS GENDER-BASED VIO- moting the interests of American fami- vide preferential treatment for these gains LENCE AGAINST WOMEN AND lies. It would put an end to a tax loop- and losses. Lower capital gains rates are in- CHILDREN hole that epitomizes how our tax code tended to encourage long-term investments in capital assets such as stock. Whatever the Mrs. GILLIBRAND submitted the fol- too often favors short-term speculation merits of extending preferential rates to de- lowing resolution; which was referred over investment in economic growth rivative financial instruments generally, we to the Committee on Foreign Rela- and job creation. This loophole showers do not believe that there is a policy basis for tions: benefits on short-term traders of cer- providing those preferential rates to tax- tain financial instruments, but does payers who have not made such long-term S. RES. 352 nothing to promote economic growth investments. Whereas, since 1993, research has shown and raises the tax burden on American Ending this loophole by passage of tens of thousands of women and girls have been victims of sexual or gender-based vio- families. the Closing the Derivatives Blended lence in Haiti, particularly in times of con- What is the derivatives blended rate? Rate Loophole Act would not solve all flict or natural disaster; It’s an example of how the complexities the problems in our tax code, nor end Whereas approximately 50 percent of the of the tax code can grant breaks for the our deficit dilemma. But it would be victims are adolescent girls under the age of few at the expense of the many. Here is another important step toward a saner, 18, with many of the cases involving the use how it works. fairer tax code. It would demonstrate of weapons, gang rape, and death threats for Generally speaking, taxpayers are al- that Congress shares the concerns of so reporting the crime; lowed to claim the lower long-term many Americans that the tax system is Whereas members of many medical profes- capital gains tax rate on earnings only sions are insufficiently trained to attend to too often stacked against the interests the special needs of victims of gender-based if those earnings come from the sale of of working families and in favor of the violence, whether they be children or adults; assets that they have held for more privileged few. It would end a policy Whereas some medical providers report as than a year. The reason is simple: we that encourages short-term speculation many as 20 percent of adolescent victims tax longterm capital gains at a lower over long-term investment in growth. they have treated for sexual violence become rate because we want to encourage the It would provide a down-payment on pregnant from their rape; long-term investment that helps our the revenue we need to restore if we Whereas some women’s rights groups in economy grow. are to engage in serious deficit reduc- Haiti have witnessed dramatic increases in rates of sexual violence in many of the dis- But under Section 1256 of the Inter- tion and avoid slashing critical pro- nal Revenue Code, traders in certain placement camps formed after the earth- grams. I urge my colleagues to join me quake; derivatives contracts have managed to in the effort to pass it. Whereas the January 12, 2010, earthquake win themselves an exemption from the in Haiti increased the economic and social distinction between short-term and By Mr. MCCONNELL (for himself, vulnerabilities of many women who are now long-term capital gains. Under this sec- Mrs. HUTCHISON, Mr. LEE, Mr. unable to protect their young children from tion, traders in those derivatives can HATCH, Mr. BARRASSO, Mr. COR- sexual predators, thereby increasing their claim 60 percent of their income as NYN, Ms. AYOTTE, Mr. MORAN, risk for sexual violence; long-term capital gains, no matter how Mr. ALEXANDER, Mr. CRAPO, Mr. Whereas, according to data from public in- briefly they hold the asset. This RUBIO, Mr. COATS, Mr. ENZI, Mr. terest law firms litigating cases of sexual violence, significant gender-based barriers to SESSIONS, Mr. BURR, Mr. VIT- ‘‘blended’’ tax rate applies if the trader justice continue to exist at all levels of the holds the asset for 11 months or 11 TER, Mr. ISAKSON, Mr. BLUNT, justice system in Haiti; hours. Mr. BOOZMAN, Mr. KYL, Mr. Whereas an effective, transparent, and im- The details may be complex, but the MCCAIN, Mr. SHELBY, Mr. partial judicial system is key to the admin- bottom line is that this treatment WICKER, Mr. CHAMBLISS, Mr. istration of justice, and the failure to ensure

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.044 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S46 CONGRESSIONAL RECORD — SENATE January 23, 2012 proper investigations and prosecutions ham- Resolved, That the Senate— tion with other Haitian ministries, the Hai- pers the ability to hold perpetrators ac- (1) sympathizes with the families of women tian Parliament, the ruling administration countable for their crimes and discourages and children victimized by sexual and other in Haiti, the United Nations, the Inter-Amer- victims from formally seeking justice; forms of gender-based violence in Haiti; ican Commission on Human Rights, donors, Whereas inadequate financial, human, and (2) urges the treatment of the issue of vio- and international nongovernmental organi- technical resources, as well as a lack of fo- lence against women and children as a pri- zations within the reconstruction process; rensic and technical expertise, have impeded ority for the United States Government’s hu- and the arrest and prosecution of suspects; manitarian and reconstruction efforts in (7) asserts its support for the Government Whereas members of the police, prosecu- Haiti; of Haiti, especially the Ministry of Women’s tors, and judges are insufficiently trained to (3) asserts its support for the passage of Affairs, in its efforts to assess, amend, and attend to either the special needs of women Haiti’s first comprehensive law on the pre- renew its 5-year gender protection plan, and girl victims of gender-based violence, or vention, punishment, and elimination of all which expired in October 2011, which includes the special needs of boys and girls who are forms of gender-based violence; support for the Government of Haiti in its ef- victims of other abuses such as forced labor, (4) calls on the Government of Haiti to es- forts— beatings, or violence; tablish urgent plans that address the needs (A) to thoroughly assess the impact of the Whereas the lack of protection measures of vulnerable and unprotected children who previous 5-year protection plan, including discourages women and girls in Haiti from are in situations of sexual exploitation, both pre and post-earthquake analyses and pursuing prosecution of perpetrators of sex- forced labor, or face sexual and or domestic perform diversified assessments in consulta- ual violence, for fear of reprisal or stig- violence, and to take steps to immediately tion with local, regional, and national wom- matization; implement those plans, in consultation with en’s groups throughout the country, that Whereas rape and other forms of gender- grassroots organizations working specifi- will help gather decentralized data in both based violence in Haiti threaten the physical cally on the protection and promotion of the urban and rural zones; and psychological health of both the victims rights of children; (B) to perform specialized surveys and and their families; (5) calls on the Government of Haiti to interviews in a significant sampling of inter- Whereas many countries in Latin America take steps to implement the recommenda- nally displaced person camps and impover- and the Caribbean face significant challenges tions of the Inter-American Commission on ished neighborhoods with high rates of gen- in combating violence against women and Human Rights issued in response to in- der-based violence with victims of rape and girls, and violence against children, and creased levels of sexual violence in camps for violence, the community groups that support international cooperation is essential in ad- internally-displaced persons on December 22, them, and local officials in order to fully un- dressing this serious issue; 2010, including— derstand the needs and recommendations of Whereas the Government of Haiti has un- (A) ensuring participation and leadership these different populations and integrate dertaken efforts to prevent violence against of grassroots women’s groups in planning these findings into a revised protection plan; women, as evidenced by its ratification of and implementing policies and practices to (C) to revise the existing Haitian protec- the United Nations Convention on the Elimi- combat and prevent sexual violence and tion plan based on the results of diversified nation of All Forms of Discrimination other forms of violence in the camps; and decentralized assessments and in direct Against Women, adopted December 18, 1979; (B) ensuring provision of comprehensive, consultation with national, regional, and the Inter-American Convention on the Pre- affordable, adequate, and appropriate med- local government officials and grassroots or- vention, Punishment, and Eradication of Vi- ical and psychological care in locations ac- ganizations, including women’s groups and olence Against Women, adopted at Belem Do cessible to victims of sexual violence in international institutions that focus on solu- Para, Brazil, June 9, 1994; and other inter- camps for those internally displaced, includ- tions to gender-based violence; and national human rights treaties, and the en- ing, in particular ensuring— (D) to amend, reintroduce, and pass into actment of laws and the creation of state in- (i) privacy during examinations; law a revised Haiti gender protection plan stitutions to promote and protect the rights (ii) availability of female medical staff that reflects current post-earthquake reali- of women; members, with a cultural sensitivity and ex- ties, the needs and recommendations of vic- Whereas the Government of Haiti has been perience with victims of sexual violence; a signatory of the United Nations Conven- (iii) timely issuance of free medical certifi- tims of gender-based violence and the com- tion on the Rights of the Child, adopted No- cates; munity groups that support them, integrates vember 20, 1989, since December 29, 1994; (iv) availability of HIV prophylaxis, and provisions for judicial and medical services Whereas the Haitian National Police and (v) sexual reproductive health and emer- for gender-based violence victims, and re- the United Nations Mission for Stabilization gency contraception; flects key findings of decentralized assess- of Haiti have created special police units to (C) implementing effective security meas- ments in both urban and rural zones. address sexual and other forms of gender- ures in displacement camps, such as pro- f based violence in Haiti; viding street lighting, adequate patrolling in Whereas the special police unit to address and around the camps, and a greater number AMENDMENTS SUBMITTED AND gender-based violence within the Haitian Na- of female security forces in police patrols in PROPOSED tional Police remains significantly under- the camps and in police stations in prox- resourced, rendering it practically ineffec- imity to the camps; SA 1468. Ms. KLOBUCHAR (for herself, Mr. tive to carry out its mandate; (D) ensuring that public officials, such as JOHNSON of Wisconsin, and Mr. FRANKEN) Whereas, in March 2009, the Inter-Amer- police officers, prosecutors, and judges, re- submitted an amendment intended to be pro- ican Commission on Human Rights issued a sponsible for responding to incidents of sex- posed by her to the bill S. 1134, to authorize report recognizing Haiti’s history of gender ual violence receive specialized training the St. Croix River Crossing Project with ap- discrimination that fuels gender-based vio- from experienced Haitian and international propriate mitigation measures to promote lence and gives rise to a climate of impunity; women’s organizations with a proven track river values. Whereas, in December 2010, the Inter- record in gender-sensitive protection ena- f American Commission detailed steps the bling them to respond adequately to com- Government of Haiti must take to protect plaints of sexual violence with appropriate TEXT OF AMENDMENTS women and girls from increased risk of gen- sensitivity and in a nondiscriminatory man- der-based violence in post-earthquake Haiti; ner; and SA 1468. Ms. KLOBUCHAR (for her- Whereas, in 2012, the Ministry for the Sta- (E) maintaining effective special units self, Mr. JOHNSON of Wisconsin and Mr. tus of Women and Women’s Rights in Haiti within the police and the prosecutor’s office FRANKEN) submitted an amendment in- plans to unveil a comprehensive draft law investigating cases of rape and other forms tended to be proposed by her to the bill that calls for the prevention, punishment, of violence against women and girls; S. 1134, to authorize the St. Croix River and elimination of violence against women; (6) asserts its commitment to support the Crossing Project with appropriate miti- Whereas the United Nations and donor Haitian Ministry of Women’s Affairs in its gation measures to promote river val- countries, such as the United States, con- efforts to— ues; as follows: tinue to have a prominent economic and (A) build ministry capacity and facilitate leadership role in the stabilization and re- gender-based violence sub-cluster meetings Strike section 3 and insert the following: construction of Haiti; and initiatives as it transitions over to the SEC. 3. OFFSET. Whereas few mechanisms exist in Haiti to Government of Haiti; (a) IN GENERAL.—Notwithstanding any protect the rights of young children not liv- (B) perform decentralized meetings, con- other provision of law, amounts made avail- ing at home, such as restaveks, who are en- sultations, and outreach to women’s move- able for items 676, 813, 3186, 4358, and 5132 in gaged in forced labor or are victims to other ments and community groups; the table contained in section 1702 of the forms of violence; and (C) address issues of gender-based violence SAFETEA-LU (119 Stat. 1288, 1380, 1423) shall Whereas the lack of protection for women country-wide, including violence in inter- be subject to the limitation on obligations and girls and continuing impunity for crimes nally displaced person camps, rural peasant for Federal-aid highways and highway safety against women is a threat to the rule of law, communities, and among children; and construction programs distributed under sec- democracy, and stability in Haiti: Now, (D) strengthen gender assessments, gender tion 120(a)(6) of title I of division C of Public therefore, be it budgets, and gender planning in collabora- Law 112–55 (23 U.S.C. 104 note; 125 Stat. 652).

VerDate Mar 15 2010 03:19 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.049 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S47 (b) RESCISSION.—Any obligation authority 2012, at 9:30 a.m., in room SD–366 of the proceed to the consideration of Cal- made available until used to a State as a re- Dirksen Senate Office Building in endar No. 264, S. 1134. sult of receipt of contract authority for the Washington, DC. The PRESIDING OFFICER. The items described in subsection (a) that re- The purpose of the hearing is to re- clerk will report the bill by title. mains available to the State as of the date of ceive testimony on the final report of The legislative clerk read as follows: enactment of this Act is permanently re- A bill (S. 1134) to authorize the St. Croix scinded. the Blue Ribbon Commission on Amer- ica’s Nuclear Future. River Crossing Project with appropriate f Because of the limited time available mitigation measures to promote river val- NOTICES OF HEARINGS for the hearing, witnesses may testify ues. by invitation only. However, those There being no objection, the Senate PERMANENT SUBCOMMITTEE ON INVESTIGATIONS wishing to submit written testimony proceeded to consider the bill which Mr. LEVIN. Mr. President, I would for the hearing record should send it to had been reported from the Committee like to announce for the information of the Committee on Energy and Natural on Energy and Natural Resources, with the Senate and the public that the Per- Resources, United States Senate, an amendment; as follows: manent Subcommittee on Investiga- Washington, DC 20510–6150, or by email S. 1134 tions of the Committee on Homeland to [email protected] Be it enacted by the Senate and House of Rep- Security and Governmental Affairs has .gov. resentatives of the United States of America in scheduled a hearing entitled, ‘‘Tax- For further information, please con- Congress assembled, ation of Mutual Fund Commodity In- SECTION 1. SHORT TITLE. tact Sam Fowler at (202) 224–7571 or Al- This Act may be cited as the ‘‘St. Croix vestments.’’ The Subcommittee hear- lison Seyferth at (202) 224–4905. ing will examine the issuance of over 70 River Crossing Project Authorization Act’’. private letter rulings by the Internal f SEC. 2. AUTHORIZATION OF PROJECT WITH MITI- GATION MEASURES. Revenue Service allowing mutual funds NOTICE: REGISTRATION OF MASS Notwithstanding section 7(a) of the Wild to make unlimited indirect invest- MAILINGS and Scenic Rivers Act (16 U.S.C. 1278(a)), the ments in commodities through con- The filing date for the 2011 fourth head of any Federal agency or department trolled foreign subsidiaries or com- quarter Mass Mailing report is Wednes- may authorize and assist in the construction modity-linked notes, despite long- day, January 25, 2012. If your office did of a new extradosed bridge crossing the St. Croix River approximately 6 miles north of standing statutory restrictions on mu- no mass mailings during this period, tual fund investments in commodities. the I–94 crossing if the mitigation items de- please submit a form that states scribed in paragraph 9 of the 2006 St. Croix Hearing witnesses will include senior ‘‘none.’’ River Crossing Project Memorandum of Un- officials from the Department of the Mass mailing registrations, or nega- derstanding for Implementation of Riverway Treasury and the Internal Revenue tive reports, should be submitted to Mitigation Items, signed by the Federal Service. the Senate Office of Public Records, 232 Highway Administration on March 28, 2006, The Subcommittee hearing has been Hart Building, Washington, DC 20510– and by the National Park Service on March scheduled for Thursday, January 26, 7116. 27, 2006 (including any subsequent amend- 2012, at 10:00 a.m., in room 342 of the The Senate Office of Public Records ments to the Memorandum of Under- Dirksen Senate Office Building. For will be open from 9 a.m. to 6 p.m. on standing), are included as enforceable conditions. further information, please contact the filing date to accept these filings. SEC. 3. OFFSET. Elise Bean of the Permanent Sub- For further information, please contact To provide an offset for the funds made avail- committee on Investigations at (202) the Senate Office of Public Records at able to carry out this Act, there is rescinded 224–9505. (202) 224–0322. from the Department of the Interior franchise COMMITTEE ON ENERGY AND NATURAL f fund authorized under section 113 of division A RESOURCES of title I of Public Law 104–208 (31 U.S.C. 501 THE SOAR TECHNICAL Mr. BINGAMAN. Mr. President, I note; 110 Stat. 3009–181) $8,000,000. CORRECTIONS ACT would like to announce for the infor- SEC. 4. BUDGETARY EFFECTS. Mr. DURBIN. Mr. President, I ask The budgetary effects of this Act, for the pur- mation of the Senate and the public pose of complying with the Statutory Pay-As- that a hearing has been scheduled be- unanimous consent that the Health, Education, Labor, and Pensions Com- You-Go-Act of 2010, shall be determined by ref- fore the Senate Committee on Energy erence to the latest statement titled ‘‘Budgetary and Natural Resources. The hearing mittee be discharged from further con- Effects of PAYGO Legislation’’ for this Act, sub- will be held on Tuesday, January 31, sideration of H.R. 3237 and the Senate mitted for printing in the Congressional Record 2012, at 10:00 a.m., in room SD–366 of proceed to its immediate consider- by the Chairman of the Senate Budget Com- the Dirksen Senate Office Building in ation. mittee, provided that such statement has been Washington, DC. The PRESIDING OFFICER. Without submitted prior to the vote on passage. The purpose of the hearing is to re- objection, it is so ordered. Mr. DURBIN. Mr. President, I ask ceive testimony on the U.S. and global The clerk will report the bill by title. unanimous consent that the com- The legislative clerk read as follows: energy outlook for 2012. mittee-reported amendment be agreed Because of the limited time available A bill (H.R. 3237) to amend the SOAR Act to and be considered original text for by clarifying the scope of coverage of the the purposes of further amendment; for the hearing, witnesses may testify Act. by invitation only. However, those that the Klobuchar-Johnson of Wis- There being no objection, the Senate wishing to submit written testimony consin-Franken amendment, which is proceeded to consider the bill. for the hearing record should send it to at the desk, be agreed to, the bill, as Mr. DURBIN. Mr. President, I ask amended, be read a third time and the Committee on Energy and Natural unanimous consent that the bill be Resources, United States Senate, passed, the motions to reconsider be read a third time and passed, the mo- laid upon the table with no intervening Washington, DC 20510–6150, or by email tion to reconsider be laid upon the to [email protected] action or debate, and any statements table, with no intervening action or de- related to the bill be printed in the .gov. bate, and any statements related to the For further information, please con- RECORD. bill be printed in the RECORD. The PRESIDING OFFICER. Without tact Tara Billingsley at (202) 224–4756 or The PRESIDING OFFICER. Without Allison Seyferth at (202) 224–4905. objection, it is so ordered. objection, it is so ordered. The committee-reported amendment COMMITTEE ON ENERGY AND NATURAL The bill (H.R. 3237) was ordered to a was agreed to. RESOURCES third reading, was read the third time, The amendment (No. 1468) was agreed Mr. BINGAMAN. Mr. President, I and passed. to, as follows: would like to announce for the infor- f (Purpose: To modify the offset) mation of the Senate and the public Strike section 3 and insert the following: that a hearing has been scheduled be- ST. CROIX RIVER CROSSING PROJECT AUTHORIZATION ACT SEC. 3. OFFSET. fore the Senate Committee on Energy (a) IN GENERAL.—Notwithstanding any and Natural Resources. The hearing Mr. DURBIN. Mr. President, I ask other provision of law, amounts made avail- will be held on Thursday, February 2, unanimous consent that the Senate able for items 676, 813, 3186, 4358, and 5132 in

VerDate Mar 15 2010 04:30 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A23JA6.053 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE S48 CONGRESSIONAL RECORD — SENATE January 23, 2012 the table contained in section 1702 of the motion to reconsider be laid upon the NOMINATIONS SAFETEA–LU (119 Stat. 1288, 1380, 1423) shall table, with no intervening action or de- be subject to the limitation on obligations Executive nominations received by bate. the Senate: for Federal-aid highways and highway safety The PRESIDING OFFICER. Without construction programs distributed under sec- THE JUDICIARY objection, it is so ordered. tion 102(a)6) of title I of division C of Public ROBERT E. BACHARACH, OF OKLAHOMA, TO BE UNITED Law 112–55 (23 U.S.C. 104 note; 125 Stat. 652). The concurrent resolution (H. Con. STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE (b) RESCISSION.—Any obligation authority Res. 96) was agreed to. ROBERT HARLAN HENRY, RESIGNED. WILLIAM J. KAYATTA, JR., OF MAINE, TO BE UNITED made available until used to a State as a re- f STATES CIRCUIT JUDGE FOR THE FIRST CIRCUIT, VICE sult of receipt of contract authority for the KERMIT LIPEZ, RETIRED. items described in subsection (a) that re- APPOINTMENTS MICHAEL A. SHIPP, OF NEW JERSEY, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW mains available to the State as of the date of The PRESIDING OFFICER. The JERSEY, VICE MARY LITTLE PARELL, RETIRED. enactment of this Act is permanently re- Chair announces the following appoint- IN THE AIR FORCE scinded. ments made pursuant to the unani- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The bill (S. 1134), as amended, was or- mous consent agreement of December IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- dered to be engrossed for a third read- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 17, 2011, by the President pro tempore AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ing, was read the third time, and and the majority leader during the ad- 601: passed, as follows: journment of the Senate: To be general S. 1134 Pursuant to the provisions of Public LT. GEN. HERBERT J. CARLISLE Be it enacted by the Senate and House of Rep- Law 106–398, as amended by Public Law THE FOLLOWING NAMED OFFICER FOR APPOINTMENT resentatives of the United States of America in 108–7, upon the recommendation of the IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Congress assembled, majority leader, and in consultation AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SECTION 1. SHORT TITLE. with the Chairmen of the Senate Com- 601: This Act may be cited as the ‘‘St. Croix mittee on Armed Services and the Sen- To be lieutenant general River Crossing Project Authorization Act’’. ate Committee on Finance, the Chair MAJ. GEN. CRAIG A. FRANKLIN SEC. 2. AUTHORIZATION OF PROJECT WITH MITI- on behalf of the President pro tempore, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GATION MEASURES. announces the reappointment and ap- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Notwithstanding section 7(a) of the Wild CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE pointment of the following individuals AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION and Scenic Rivers Act (16 U.S.C. 1278(a)), the 601: head of any Federal agency or department to the United States-China Economic To be lieutenant general may authorize and assist in the construction Security Review Commission: William of a new extradosed bridge crossing the St. A. Reinsch, of Maryland, for a term be- LT. GEN. STEPHEN P. MUELLER Croix River approximately 6 miles north of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ginning January 1, 2012 and expiring IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- the I–94 crossing if the mitigation items de- December 31, 2013 (reappointment), and CATED UNDER TITLE 10, U.S.C., SECTION 624: scribed in paragraph 9 of the 2006 St. Croix Carte P. Goodwin, of West Virginia, for To be major general River Crossing Project Memorandum of Un- a term beginning January 1, 2012 and derstanding for Implementation of Riverway BRIG. GEN. MARK A. EDIGER Mitigation Items, signed by the Federal expiring December 31, 2013, vice Pat- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED rick A. Mulloy of Virginia. STATES OFFICER FOR APPOINTMENT IN THE RESERVE Highway Administration on March 28, 2006, OF THE AIR FORCE TO THE GRADE INDICATED UNDER and by the National Park Service on March f TITLE 10, U.S.C., SECTIONS 12203 AND 12212: 27, 2006 (including any subsequent amend- To be brigadier general ments to the Memorandum of Under- ORDERS FOR TUESDAY, JANUARY COL. ROBERT T. BROOKS, JR. standing), are included as enforceable condi- 24, 2012 tions. Mr. DURBIN. Mr. President, I ask IN THE ARMY SEC. 3. OFFSET. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that when the Sen- IN THE UNITED STATES ARMY TO THE GRADE INDICATED (a) IN GENERAL.—Notwithstanding any ate completes its business today, it ad- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND other provision of law, amounts made avail- journ until 10 a.m. on Tuesday, Janu- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: able for items 676, 813, 3186, 4358, and 5132 in ary 24, 2012; that following the prayer To be lieutenant general the table contained in section 1702 of the MAJ. GEN. DANIEL B. ALLYN SAFETEA–LU (119 Stat. 1288, 1380, 1423) shall and the pledge, the Journal of proceedings be approved to date, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT be subject to the limitation on obligations IN THE UNITED STATES ARMY TO THE GRADE INDICATED for Federal-aid highways and highway safety morning hour be deemed expired, the UNDER TITLE 10, U.S.C., SECTION 624: construction programs distributed under sec- time for the two leaders be reserved for To be major general tion 120(a)(6) of title I of division C of Public their use later in the day; that fol- BRIGADIER GENERAL ROBERT P. ASHLEY, JR. Law 112–55 (23 U.S.C. 104 note; 125 Stat. 652). lowing any leader remarks, the Senate BRIGADIER GENERAL JEFFREY L. BAILEY (b) RESCISSION.—Any obligation authority be in a period of morning business until BRIGADIER GENERAL JEFFREY N. COLT made available until used to a State as a re- BRIGADIER GENERAL KENNETH R. DAHL 4 p.m. with Senators permitted to BRIGADIER GENERAL GORDON B. DAVIS, JR. sult of receipt of contract authority for the speak therein for up to 10 minutes BRIGADIER GENERAL JOSEPH P. DISALVO items described in subsection (a) that re- BRIGADIER GENERAL ROBERT M. DYESS, JR. mains available to the State as of the date of each, with the time equally divided and BRIGADIER GENERAL KAREN E. DYSON BRIGADIER GENERAL PAUL E. FUNK II enactment of this Act is permanently re- controlled between the two leaders or BRIGADIER GENERAL HAROLD J. GREENE scinded. their designees, with the first 30 min- BRIGADIER GENERAL WILLIAM C. HIX BRIGADIER GENERAL STEPHEN R. LYONS SEC. 4. BUDGETARY EFFECTS. utes controlled by the majority leader BRIGADIER GENERAL HERBERT R. MCMASTER, JR. The budgetary effects of this Act, for the or his designee and the second 30 min- BRIGADIER GENERAL JOHN M. MURRAY purpose of complying with the Statutory BRIGADIER GENERAL RICHARD P. MUSTION utes controlled by the Republican lead- BRIGADIER GENERAL MICHAEL K. NAGATA Pay-As-You-Go-Act of 2010, shall be deter- er or his designee; and that at 12:30 BRIGADIER GENERAL BRYAN R. OWENS mined by reference to the latest statement p.m. the Senate be in recess until 2:15 BRIGADIER GENERAL JAMES F. PASQUARETTE titled ‘‘Budgetary Effects of PAYGO Legisla- BRIGADIER GENERAL LAWARREN V. PATTERSON p.m. to allow for the weekly caucus BRIGADIER GENERAL AUNDRE F. PIGGEE tion’’ for this Act, submitted for printing in meetings. BRIGADIER GENERAL ROSS E. RIDGE the Congressional Record by the Chairman of BRIGADIER GENERAL JOHN G. ROSSI the Senate Budget Committee, provided that The PRESIDING OFFICER. Without BRIGADIER GENERAL THOMAS C. SEAMANDS BRIGADIER GENERAL MICHAEL H. SHIELDS such statement has been submitted prior to objection, it is so ordered. BRIGADIER GENERAL LESLIE C. SMITH the vote on passage. f BRIGADIER GENERAL JOHN UBERTI BRIGADIER GENERAL BRYAN G. WATSON f ADJOURNMENT UNTIL 10 A.M. BRIGADIER GENERAL DARRELL K. WILLIAMS PROVIDING FOR A JOINT SESSION TOMORROW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- OF CONGRESS TO RECEIVE A Mr. DURBIN. Mr. President, if there CATED UNDER TITLE 10, U.S.C., SECTION 12203: MESSAGE FROM THE PRESIDENT is no further business to come before To be major general Mr. DURBIN. Mr. President, I ask the Senate, I ask unanimous consent BRIG. GEN. LESLIE A. PURSER unanimous consent that the Senate that it adjourn under the previous THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY proceed to the consideration of H. Con. order. UNDER TITLE 10, U.S.C., SECTION 624: Res. 96, which was received from the There being no objection, the Senate, To be brigadier general House and is at the desk; that the con- at 6:56 p.m., adjourned until Tuesday, COL. KRISTIN K. FRENCH current resolution be agreed to and the January 24, 2012, at 10 a.m. COL. WALTER E. PIATT

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HONORING THE TOWN OF COLLINS CHARLIE BARR more than 130 innocent civilians died, 611 FIRE DEPARTMENT ON THEIR were injured, 841 were arrested and many 120TH ANNIVERSARY HON. SAM GRAVES more were missing. This event remained in OF MISSOURI the history and in the minds of all the citizens as ‘‘Black January’’. IN THE HOUSE OF REPRESENTATIVES HON. BRIAN HIGGINS This attack was an attempt to stop the inde- Monday, January 23, 2012 pendence movement that was gaining mo- OF NEW YORK Mr. GRAVES of Missouri. Mr. Speaker, it is mentum in Azerbaijan and to rescue the totali- IN THE HOUSE OF REPRESENTATIVES with great pride and pleasure that I rise today tarian regime, the rule of Communist Party, to recognize the exceptional service and lead- and the whole Soviet Union. However, this in- Monday, January 23, 2012 ership of Charles L. Bar III on his retirement vasion produced the opposite result. It further Mr. HIGGINS. Mr. Speaker, it is my great from a long and successful career in Clay inflamed the national movement for independ- honor to recognize The Town of Collins Fire County, Missouri government. ence in Azerbaijan and other Republics of the Department on the occasion of their 120th an- A graduate of the University of Missouri, Soviet Union. In a resolution on January 22, niversary. Charlie served as Athletic Supervisor for the 1990, the Supreme Soviet of Azerbaijan SSR St. Joseph Parks and Recreation Department declared that the decree used by the Pre- On September 29, 1892, the Town of Col- and was responsible for the management of sidium of the Supreme Soviet of the USSR to lins residents took the initiative to fill a com- numerous Buchanan county amenities and impose emergency rule in Baku and military munity need and formed their own fire depart- projects. In 1987, he became Clay County’s deployment constituted an act of aggression. ment made up of 26 men led by H.F. Clark. Assistant Director of Parks, Recreation, and This event is seen as the rebirth of the Azer- These men operated with minimal equipment, Historic Sites, and supervised the enhance- baijan Republic. comprising of one hand drawn pumper. The ment and construction of new recreational fa- Popular pressure led the country to break Collins Center Volunteers didn’t have a fire cilities. He also oversaw countless special away from Soviet rule and declare its inde- house or regular meetings at the time and functions, from races and concerts to historical pendence. On August 30, 1991, Azerbaijan’s stored their pumper in the barn of D.W. Wood. site events. Parliament adopted the Declaration on the But in 1902, the barn burned and the men More recently, Charlie served as Assistant Restoration of the State Independence of the acted by converting the former wagon shop of County Administrator, handling the oversight Republic of Azerbaijan, and on October 18, John Auwerter into a fire hall and town jail and of purchasing activities and staff, and then be- 1991, the Constitutional Act on the State Inde- thus, the Collins Center Volunteers finally had came the overall Director of Parks and Recre- pendence of the Republic of Azerbaijan was a home. The members hosted several meet- ation. There, he expertly managed over 5,000 approved. November 1991 marked the begin- ings and the fire company became much like acres of park land, 34 miles of trail, a 7200- ning of international recognition of Azerbaijan’s a social club for the men in town. acre lake, and a large staff dedicated to as- independence. The United States was among In 1922 the Collins Center Volunteers pur- sisting Clay County citizens and maintaining the first nations to recognize independence of chased their first horse-drawn gasoline engine the county’s public spaces. Finally, having this young country. It established diplomatic relations with Azerbaijan on February 28, for $750.00 which helped them cover the ex- spent the past few months as Interim County 1992, and opened an embassy in Baku in tensive area. But even with new equipment, it Administrator, Charlie retires after 34 years of March of that year. was decided that the area was too great a outstanding service. Charlie’s hard work has not gone unrecog- Today, Azerbaijan has developed into a challenge to cover for these men. So on April nized. A member of the Missouri Parks and thriving country with sustainable economic 21, 1925, the Collins Fire Company was Recreation Association, Charlie received the growth and developing democratic institutions. formed, and they drastically reduced their cov- Fellow Award, the Association’s highest honor. The United States and Azerbaijan are cooper- erage area while increasing fire protection. He has also received Mizzou’s Eye of the ating on a broad range of issues and share a The transformation of the Fire Department Tiger alumni award and numerous recogni- common vision for the future of the region and continued as the Collins and Collins Center tions from the YMCA, the city of St. Joseph, beyond. Fire Companies merged to become the Town and Clay County. I encourage my colleagues to join with me of Collins Fire District along with the merge Mr. Speaker, I ask my colleagues to join today in standing with Azerbaijanis as they the Board of Fire Commissioners was created. with me in commending Charlie Barr for his commemorate this tragedy. The Fire Department would hold annual fund- dedicated service to the people of Clay Coun- f raisers to increase their budget and build their ty. I know Charlie’s colleagues, family and Department. friends join with me in thanking him for his THE 39TH ANNIVERSARY OF ROE V. WADE Today, the firefighters train in numerous commitment to others and wishing him happi- areas including firefighting pump operation, ness and good health in his retirement. water supply, forestry fire, incident command, f HON. MARTHA ROBY OF ALABAMA auto extrication, and search and rescue oper- BLACK JANUARY ations. The Fire Department has truly evolved IN THE HOUSE OF REPRESENTATIVES over the years, and it could not have hap- Monday, January 23, 2012 pened without the strong backing of such a vi- HON. DAN BOREN Mrs. ROBY. Mr. Speaker, I rise today to brant, hard working community. OF OKLAHOMA IN THE HOUSE OF REPRESENTATIVES recognize the 39th anniversary of the monu- It is with great pleasure that I stand today to mental court decision Roe v. Wade. honor the Town of Collins Fire Department on Monday, January 23, 2012 Since legalizing abortion in 1973, approxi- their 120th anniversary of serving and pro- Mr. BOREN. Mr. Speaker, as a Co-Chair of mately 50 million abortions have been per- tecting the community. The Collins Center Vol- the Congressional Azerbaijan Caucus, I note formed in the United States alone. Just today, unteer Fire Company has consistently an- that January 20 marked the 22nd anniversary over 4,000 babies will be aborted and over the swered the call to service, whether as volun- of an historic and tragic day in the history of course of 2012—1.4 million children in the teers or as active reservists. It is my privilege the country of Azerbaijan. United States will not be granted life. to join with this fine organization on the On the night of January 19, 1990, 26,000 Mr. Speaker, I am unapologetically pro-life evening of Saturday, January 21, 2012 and Soviet troops invaded the capital city of Baku and am proud to be a member of the Pro-Life recognize the unwavering service of the Town and surrounding areas. As a result of this vio- Caucus. I believe that the miracle of human of Collins Fire Company. lent crackdown on the Azerbaijani people life begins at the very moment of conception.

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

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JA8.001 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E52 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 I also believe that every human being has the be missed as a veteran firefighter and we are Shirley Levine, who passed away on January inherent right to life and that this right must be all sad to see him go. But it is a happy time 9, 2012. The entire Los Angeles community protected by law. As a woman, a wife, and a for his family, as his retirement will give him suffered a great loss in her passing. mother of two small children, I will continue to more time to enjoy with his wife, Marianne, his Shirley Levine served as an educator in the fight for the unborn as the Representative of children, Krista, Lisa, Charles, and Paula, and LA Unified School District before founding the Alabama’s Second Congressional District. his grandchildren. I thank Fire Chief Anthony Abraham Joshua Heschel School in 1972. En- I applaud my home state of Alabama in its Bednarz for his career of service and I wish couraged by several local leaders, such as admirable fight to protect human life. Alabama him a long and happy retirement. Rabbi Harold Schulweis and Mark Lainer, recently became the fifth state to pass a f Shirley laid the groundwork for a school that measure banning physicians from performing would fuse humanistic values, a love of Juda- HONORING RACHEL COLLETT abortions after 20 weeks—which, according to ism, and unparalleled secular studies. She research, is the point where unborn children originally opened the school in North Holly- can experience pain. I applaud the Alabama HON. THADDEUS G. McCOTTER wood, CA, but Heschel quickly outgrew facili- legislature for taking such a strong stance on OF MICHIGAN ties at Adat An El and Valley Beth Shalom abortion and protecting the unborn. IN THE HOUSE OF REPRESENTATIVES synagogues, among other locations, and the I believe that I have an obligation to do ev- Monday, January 23, 2012 school eventually found a permanent home in erything in my power to fight for the unborn, Northridge, CA. As noted by Rabbi Jan Gold- prevent taxpayer money from funding abor- Mr. MCCOTTER. Mr. Speaker, today I rise stein, the rabbi-in-residence during Heschel tions, and to protect our democratic system to honor and acknowledge the extraordinary Day School’s early years, each institution was from the encroachment of an all-powerful judi- life and decidedly courageous outlook of Ra- forever impacted by Shirley’s vision and pas- ciary. chel Collett upon her graduation from Livonia sion. Mr. Speaker, today is a time to celebrate Churchill High School. As Heschel’s Congressman during the the gift of life and mourn those whose lives On January 13, 2012, Rachel, resplendent 1980s and 1990s, I watched the school ma- were unjustly ended before birth. Let us use in her red cap and gown, rose from her wheel- ture into a powerful source of moral strength the 39th anniversary of Roe v. Wade as an chair and walked across the stage to accept in the San Fernando Valley community, with occasion to reaffirm our beliefs and our vow to her high school diploma. After ceremoniously thousands of roots that trace back to Shirley’s fight for the life of every child. moving the tassel from right to left, she trium- phantly tossed her cap into the air as family, instruction and guidance. I have seen these f friends and school officials applauded. roots firsthand—many of my constituents are HONORING FIRE CHIEF ANTHONY Rachel Collett has taught much more than current students and graduates of Heschel, as BEDNARZ FOR HIS RETIREMENT she has learned. She was diagnosed with are some of my staff and close family friends. AFTER 50 YEARS OF SERVICE osteosarcoma at the age of 11 and though I can see Shirley’s legacy through the activism since the initial diagnosis she has been con- and Jewish vitality of these individuals. stantly been in some form of treatment but One graduate related to me stories of week- HON. DANIEL LIPINSKI never remission, she has never let the disease ly Sabbath gatherings in every classroom at OF ILLINOIS define her. Rather, she focused on living and Heschel, and how meaningful it was to mark IN THE HOUSE OF REPRESENTATIVES determined to schedule her treatment around that day each week with peers. The week had Monday, January 23, 2012 life and not life around her treatment. She has an anchor, with the Sabbath as the focus. resolved to make every moment worth remem- That epitomizes Shirley’s approach—she cre- Mr. LIPINSKI. Mr. Speaker, I rise today to bering. Rachel was earned a Livonia Rotary ated an institution with a warm, welcoming en- honor Fire Chief Anthony Bednarz upon his Service Award, earned college credits while in vironment, one imbued with Jewish and hu- retirement after 50 years of service to the resi- high school, coached middle school manistic values. I am also aware that many dents of Western Springs and Riverside, Illi- cheerleading squads and was a member of graduates credit Shirley for making them the nois, two villages in my district. He retired on the Churchill High School varsity cheerleading person they are today, especially those who December 31, 2011. These two villages are, squad until this school year. She attended spent an inordinate amount of time for discipli- and always will be, safer thanks to his efforts. classes until October 2011 when the debili- nary reasons in Shirley’s office. Shirley’s son, The seeds of Chief Bednarz’s career were tating pain made it impossible to continue. Darren, stated during Shirley’s eulogy that his planted at a young age, since his father Even then, the indomitable Miss Collett contin- mother’s lasting message is: ‘‘Be passionate served as a firefighter as well. Thinking that ued her schoolwork at home. about what you do, treat others with compas- he wanted to avoid firefighting, Chief Bednarz Rachel Collett is a remarkable young sion, and take actions to make the world a entered the United States Army where he woman who reminds us longevity is never better place.’’ I am inspired by the passion in served honorably. After his discharge, he promised in this life. She has accepted what which Shirley led her life; I am mindful of the changed his mind and joined the Riverside is and is determined to live the days God has compassion she imbued in her students; and Fire Department in 1961. He knew almost im- given her striving to accomplish the goals she I am grateful to Shirley for indeed making our mediately that he wanted to be a leader within has set for herself. What we take for granted community a better place. the department and took classes to be one of she fights for the opportunity to achieve. My condolences go out to Shirley’s hus- the first to earn a degree in Fire Science from Mr. Speaker, it is my honor and absolute band, Arnold; children Mark, Darren and the College of DuPage. privilege to recognize this incredibly inspiring Marci; and the entire Heschel family. Over the years, Chief Bednarz gained the young woman. For all she has endured, Ra- respect of his peers and eventually became chel Collett still embraces life with an irre- Fire Chief of the Riverside Fire Department in pressible smile. I ask my colleagues to join me f 1976—a position he would hold for the next in recognizing the incomparable light she is to PERSONAL EXPLANATION 30 years. The Riverside Fire Department is all who know her and in thanking her for all one of the most progressive and effective in she has brought to our community and our the area thanks to the leadership of Chief country. Shine on, Rachel. Bednarz. He was pivotal in modernizing the HON. STEVE KING f department’s building and rolling stock. He OF IOWA also coordinated the Riverside emergency IN MEMORY OF SHIRLEY LEVINE IN THE HOUSE OF REPRESENTATIVES medical response system in the 1970s. Chief Bednarz left the Riverside Fire Depart- HON. HOWARD L. BERMAN Monday, January 23, 2012 ment five years ago to join the Western OF CALIFORNIA Mr. KING of Iowa. Mr. Speaker, on rollcall Springs Fire Department where he helped IN THE HOUSE OF REPRESENTATIVES make improvements and guided the construc- No. 947 I was detained while attempting to tion of a new building for the fire department. Monday, January 23, 2012 reach the house floor to cast my vote. Chief Bednarz has touched countless lives Mr. BERMAN. Mr. Speaker, I rise to mark Had I been present, I would have voted, as a firefighter, manager, and mentor. He will the loss of a titan of education in Los Angeles, ‘‘yea.’’

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K23JA8.004 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS January 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E53 HONORING THE VICTIMS AND SUR- tions and scientific breakthroughs. Using math THE MEMORY OF ROSCOE R. NIX VIVORS OF THE JANUARY 12, 2010 and science as a foundation, the seniors ap- EARTHQUAKE IN HAITI proached their respective projects from a vari- HON. CHRIS VAN HOLLEN ety of angles. By gaining access to profes- OF MARYLAND HON. THEODORE E. DEUTCH sional laboratories at local universities, partici- IN THE HOUSE OF REPRESENTATIVES OF FLORIDA pants were given the opportunity to bring their Monday, January 23, 2012 IN THE HOUSE OF REPRESENTATIVES creative aspirations to fruition. In doing so, Mr. VAN HOLLEN. Mr. Speaker, it is with Monday, January 23, 2012 they have begun to tackle some of our na- sadness that I advise my colleagues of the tion’s most difficult challenges. Mr. DEUTCH. Mr. Speaker, I rise today in death on January 4, 2012 of my constituent, remembrance of the quarter of a million Hai- From working on a possible cure for Alz- civil rights leader and education activist, Ros- tians who lost their lives during the dev- heimer’s disease to creating a flame resistant coe R. Nix. Roscoe Nix was an inspirational astating earthquake that occurred on January plastic, our Long Island contestants embody giant in the Montgomery County, Maryland 12, 2010. As we reflect on the two years that the true American spirit of innovation and community where he was known for his wis- have passed since this tragedy, it is important problem solving. Their sacrifice, patience and dom, his kind and caring manner, and his to express our gratitude to those who have determination are instrumental in keeping fierce dedication to social and educational helped rebuild Haiti and renew our commit- America’s competitive edge in a global econ- equality for all Americans. Mr. Nix worked passionately for decades as a leading civil rights ment to further assist survivors. omy. activist, drawing attention to racial inequalities In the aftermath of the earthquake, over 50 Coupled with the effort of exceptional stu- percent of American households donated to throughout our country. dents, our Long Island science teachers Roscoe Russa Nix was born June 22, 1921, earthquake victims, and the United States displayed a pivotal role in this accomplishment. in Greenville, Alabama, the second of nine patched 20,000 civilian and military personnel By pushing the boundaries and setting high children and the son of the only black post- to Haiti. These Americans put into operation expectations, these excellent teachers have man in town. Mr. Nix attended Alabama A&M the largest urban food distribution in history to helped their students succeed. Long Island’s University but left to serve in the Army in Eu- 3.5 million people, provided emergency shelter strong placement in the Intel Science competi- rope during World War II. After his military to 1.5 million people, and implemented a vac- tion semifinals reflects their dedication and service, he settled in the Washington area and cination campaign for more than 1 million peo- graduated from Howard University. He moved ple. Within the past two years, aid has shifted commitment to their students’ success. Moving forward, it is critical that our schools have the to Montgomery County in 1968 where he re- from rescue efforts to innovative reconstruc- sided until 2010 when, for health reasons, he tion and development strategies. Still, there re- resources they need to cultivate robust math and science programs. moved near his daughter in Riverdale, Geor- mains much more work to be done. The gen- gia. erosity of millions of people around the globe At the end of this month, forty finalists will Growing up in segregated Alabama, Roscoe gives us hope that Haiti will be rebuilt. be selected and invited to Washington, D.C. to Nix had firsthand experience with Jim Crow The South Florida community displayed its meet leading scientists and researchers in a laws and the injustice of institutionalized rac- continued commitment to the reconstruction of variety of fields. I am optimistic that some of ism. After moving to the Washington, DC area, Haiti at a special event recognizing the two our Long Island seniors have the privilege to Mr. Nix observed that northern states were year anniversary of the earthquake on January attend. For all of the Intel Science Talent more likely to have simply overlooked their 8th, 2012. Arranged by the Democratic Haitian semifinalists, I wish them continued success own records of discrimination. He recalled American Caucus of Florida, the event in- as they pursue their college educations and being refused service at a Silver Spring, Mary- cluded a Catholic Mass at St. John the Evan- future careers. I would now like to formally land restaurant in 1962 and the demonstration gelist Church, a memorial service at Parish submit their names to the CONGRESSIONAL he staged in response. Moments like this de- Hall, and a donation drive in partnership with RECORD: Rebecca Alford, Austin Lee and fined his career and inspired him to work for a church group to collect supplies for victims. Savina Kim of Commack High School; Juliana change. I am proud to represent so many men and Coraor of Huntington High School; Malini During our Nation’s post-segregation era, women in South Florida who in these past two Desai of Half Hollow Hills High School West; Mr. Nix worked for the U.S. Justice Depart- years have supported our vibrant Haitian comment’s Community Relations Service, traveling Jill Dolowich, Neil Mehta, Anuja Shah, Anirudh munity in a myriad of ways, from housing dis- around the country as a ‘‘peacemaker’’ to Chandrashekar, April Pun, Sagar Rambhia placed victims to donating supplies for recon- work with local leaders on conflict resolution in struction. As we remember those lost in this and Christine Kim of Jericho High School; cities experiencing civil unrest. devastating natural disaster two years ago, we Parsa Erfani, Samantha Fradkin, Sherilyn For decades, Mr. Nix was a leader in public must reaffirm our commitment to helping Haiti Gould and Mariam Makram of Plainview-Old education in Montgomery County. In 1974, he rebuild their nation and forge a better future Bethpage John F. Kennedy High School; was the second African American elected to for themselves and their families. Samantha Garvey of Brentwood High School; the Montgomery County Board of Education f Hannah Kenagy of Half Hollow Hills High where he fought against de facto school seg- School East; Amelia Morales, Shannon regation. As a member of the Board until 1978 HONORING THE NATIONAL INTEL Wetzler and Eric Parigoris of Kings Park High and then afterwards, he pushed for greater re- SCIENCE COMPETITION School; Garima Yadav of Sachem North High sources for schools in poorer neighborhoods SEMIFINALISTS OF LONG IS- School. and spoke out about racial disparities in the LAND schools. Mr. Nix was a champion for early f childhood initiatives and fought for increased HON. STEVE ISRAEL funding of Head Start and Title 1 and for lower OF NEW YORK PERSONAL EXPLANATION class size in the elementary grades. In 2006, IN THE HOUSE OF REPRESENTATIVES the Montgomery County Board of Education dedicated the Roscoe R. Nix Elementary Monday, January 23, 2012 HON. MICHAEL K. SIMPSON School in Silver Spring in recognition of his Mr. ISRAEL. Mr. Speaker, I rise today to contributions to the public education of the OF IDAHO honor 58 Long Island high school seniors children in the county. named as semifinalists in the National Intel IN THE HOUSE OF REPRESENTATIVES In 1989, Mr. Nix co-founded the Mont- Science competition. With 300 semifinalists gomery County African American Festival of nationwide, the Intel Science Talent Search Monday, January 23, 2012 Academic Excellence. This annual event rec- gives high school seniors the opportunity to Mr. SIMPSON. Mr. Speaker, on rollcall No. ognizes, encourages and celebrates African engage in ambitious science based research 2, Adoption of H.J. Res. 98, relating to the dis- American students for their academic achieve- projects. I am especially proud of the constitu- ments and reinforces the idea that it is ‘‘cool’’ approval of the President’s exercise of author- ents from my Congressional District on Long to be smart. ity to increase the debt limit, I was unavoid- Island who were selected as semifinalists in Serving as President of the Montgomery this prestigious competition. ably detained and unable to vote. County chapter of the NAACP from 1980–90, This next generation is continuing Long Is- Had I been present, I would have voted Roscoe Nix spoke out against police mistreat- land’s strong legacy of pushing new innova- ‘‘aye.’’ ment of minorities and worked to increase the

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.004 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E54 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 number of African American officers on the Fighter Squadron, commenced. The squadron from his life’s work without them even real- police force. consisted of 13 African American men, all of izing. In 2001, Mr. Nix was inducted into the Mont- whom were college graduates and had earned Mr. Schneider was a hard working man who gomery County Human Rights Hall of Fame. their pilot licenses prior to serving in the Air began as a mechanic’s assistant and truck After receiving the honor, he said, ‘‘So much Corps. The Airmen trained under difficult con- driver at the age of 18. He graduated from St. of what Montgomery County is today is be- ditions, from overcrowded classrooms and air- Norbert College with an undergraduate degree cause of struggle. . . . It’s hard, especially for strips to racist officers. In 1943, the Airmen in business and married his wife Pat in 1957. young people, to remember how we got where were sent to North Africa, and Europe to fight. After serving a 13 month military tour of duty we are today.’’ He noted, ‘‘Blessings come to In their first mission, they managed to shoot in Korea, Schneider graduated from the Uni- people through someone else’s help or down six German aircraft. versity of Pennsylvania Wharton Business through some unknown entity. Because of The Tuskegee Airmen were known as the School, then began to work in his father’s that, it is our obligation to use whatever it is ‘‘Red Tailed Angels’’ because of the red paint trucking business in 1961, fusing his passion that one of us has to help those who are less on the propeller and tail of their planes. In all, for trucking with a keen business sense. fortunate or who may be afraid to speak for approximately 990 men graduated from Over the next three decades, Mr. Schneider themselves.’’ These guiding words and the Tuskegee’s pilot training program but only 450 expanded his fleet substantially, using modern legacy and achievements of Roscoe R. Nix of them were sent overseas for combat as- management techniques and acquisition of re- will live on in Montgomery County, in Mary- signments. These heroes managed to destroy gional trucking companies to grow his busi- land, and across our Nation. over 409 German airplanes and 950 railcars, ness. Under Mr. Schneider’s leadership, I ask my colleagues to join me in paying trucks, and other vehicles. The Airmen flew, Schneider National was one of only a few pre- tribute to this extraordinary American and in 1,578 missions over Europe and North Africa, deregulation truckload carriers that survived offering our condolences to Mr. Nix’s wife of escorted more than 200 bombing missions, and flourished after the Motor Carrier Act of 59 years, Emma Coble Nix; his two daughters, and were the first to sink a battleship using 1980. Veretta Nix and Susan Webster; his sister, only machine guns, remarkable accomplish- Later in that same decade, his company Anita Jackson; his three brothers, Crispus ments for a group of men whom the military even began to install satellite communication Carey Nix, Pettis Nix and Comer Nix; and his thought could not fly. In total, the Red Tails in trucks. By allowing companies to track their three grandchildren. were awarded 150 Distinguished Flying trucks in real time, consumers benefitted from f Crosses, 744 Air Medals, 8 Purple Hearts, and faster package deliveries and just-in-time in- 14 Bronze Stars. The accomplishments of ventory management. RECOGNIZING THE TUSKEGEE these brave soldiers helped pave the way for His company’s entrance into the logistics AIRMEN President Harry Truman’s decision to integrate business in 1993 heralded a new frontier in the military in 1948. In 2007, several decades trucking by enhancing the ability of companies HON. ELEANOR HOLMES NORTON after they completed their last mission, Presi- to manage time-sensitive deliveries and inven- OF THE DISTRICT OF COLUMBIA dent George W. Bush presented the Congres- tories. Meanwhile, his use of standard-sized IN THE HOUSE OF REPRESENTATIVES sional Medal of Honor to the Tuskegee Air- trailers that could run over the road and ride Monday, January 23, 2012 men, a well-deserved recognition for a group on railroad flatcars—known as intermodal of men who had to fight two battles, one at transportation—established partnerships with Ms. NORTON. Mr. Speaker, I rise to ask the home and another abroad. the railroads and was followed by all others in House of Representatives to join me in recog- Not surprisingly, there are currently 31 Air- the industry. nizing the Tuskegee Airmen for their excel- men living in the D.C. Area. Residents from Now, it is unimaginable how the trucking in- lence in aviation, their courage, and their role the District of Columbia, particularly students dustry ever fared without Mr. Schneider’s vi- as trailblazers for equality. On January 20, from Dunbar High School, the-then segregated sionary ways. 2012, the movie ‘‘Red Tails,’’ which depicts public high school for black students here, Though Mr. Schneider was a great man, he the story of the Tuskegee Airmen, debuted na- were selected in a disproportionate number as never lost his common touch. He insisted on tionwide. Tuskegee Airmen. being called by his first name, and was a com- The story of the Tuskegee Airmen, as they I ask the House to join me in honoring the munity philanthropist who was active in sev- would become known as, begins long before accomplishments of the Tuskegee Airmen and eral charities. In a 1997 interview, he was they fought in World War II. Their first fight in thanking them for their service. quoted as saying, ‘‘My job is important, but it’s began at home, against racial discrimination. f no more important than the driver or the peo- Prior to WW II, the U.S. Army Air Corps pro- ple in the service center.’’ hibited African Americans from serving as pi- HONORING DONALD SCHNEIDER Mr. Schneider was a man who had a true lots, because the U.S. government believed servant’s heart, and America has been en- that African Americans were incapable of fly- HON. BILL SHUSTER riched by his service to this country. His entre- ing an airplane. In October 1940, President OF PENNSYLVANIA preneurial spirit will endure not only in his Franklin Roosevelt ended the ban on African IN THE HOUSE OF REPRESENTATIVES company’s orange trucks and trailers, but in Americans serving as pilots in the Air Corps. Monday, January 23, 2012 the homes of countless Americans who have However, it was not until January 1941, in re- benefitted from his innovations. I invite the sponse to pressure from the National Associa- Mr. SHUSTER. Mr. Speaker, it is my privi- American people to join me in celebrating his tion for the Advancement of Colored People, lege to rise today to recognize Mr. Donald life. the Chicago Defender and other African Amer- Schneider, a pioneer who transformed the f ican newspapers, and only one day after How- transportation industry as we know it. I am ard University student Yancey Williams threat- pleased to have the opportunity to call atten- HONORING THE CARROLL SENIOR ened to sue the Secretary of War because the tion to his service and his remarkable story of HIGH SCHOOL DRAGON CROSS Air Corps still had not accepted any African American entrepreneurship and ingenuity. COUNTRY TEAMS Americans pilots, that the War Department Mr. Schneider, chairman emeritus and created an all-black squadron in Tuskegee, former president of Schneider National, Inc., HON. KENNY MARCHANT Alabama, the U.S. Military was racially seg- ran one of the nation’s largest truckload car- OF TEXAS regated at the time. Soon thereafter, the Air- riers with nearly 12,500 tractors and 35,000 IN THE HOUSE OF REPRESENTATIVES men received a visit from First Lady Eleanor trailers, all painted in a distinct shade of or- Roosevelt. During the visit, she asked Charles ange. You may have seen his trucks driving Monday, January 23, 2012 ‘‘Chief’’ Anderson, the head of the program, down our great national highways, hauling Mr. MARCHANT. Mr. Speaker, it is with ‘‘Can Negros really fly airplanes?’’ Chief An- goods from coast to coast. Behind these great pride that I rise to recognize the Carroll derson replied: ‘‘Certainly we can; as a matter trucks was a stellar businessman who lever- Senior High School Dragon cross country of fact, would you like to take an airplane aged new technologies and innovations to boys and girls teams for winning their respec- ride?’’ Mrs. Roosevelt accepted and upon grow his company into one of the most suc- tive 2011 Texas state championship titles. landing, she turned to Chief Anderson and cessful, recognizable, and respected transpor- Carroll Senior High School competes in the said, ‘‘I guess Negros can fly.’’ tation and logistics companies in North Amer- University Interscholastic League Class 5A, By the spring of 1941, the training of the ica. In the process, an industry was trans- the most competitive athletic class composed first group of Tuskegee Airmen, the 99th formed and millions of Americans benefited of the largest schools in Texas. For the girls

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.007 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS January 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E55 team, this championship was their fifth in Gilbert began his career directing a number Regrettably, on January 11, 2012, Kent Class 5A since 2005, and their first since of feature films—including two Oscar nomi- Morton fell more than 100 feet from the paint- 2008. For the boys team, this was their first nated films—I Never Sang for My Father, in ers’ scaffolding on the Ambassador Bridge into title in school history. 1970, and Summer Wishes, Winter Dreams, in the frigid Detroit River. Although he did survive Both teams turned out strong performances 1973. He also produced and directed Broad- the initial fall, he could not survive the strong by all competitors. The girls won with a team way and off Broadway plays, most notably the current and passed from this earthly world to score of 34 points. Three of their runners productions of I Never Sang for My Father and his eternal reward. He is survived by his be- earned a spot among the top ten finishers at You Know I Can’t Hear You When the Water’s loved parents, Fawn and Mario Salvatore, and the state competition. Courtney Kriegshauser Running. father David Morton. He leaves a legacy in his led the Lady Dragons with a second-place fin- Hailed as a director with a propensity for adored daughter, Makayla, and an unborn ish. taking on challenging themes, in 1984 Gilbert child. His treasured siblings, Shane, Amber, The boys’ first title broke the championship directed Consenting Adult, a made-for-TV fea- Bret and Sarah will forever carry Kent in their record for team points. They finished with 20 ture which focused on homosexuality and was hearts. He will be deeply missed by his cher- points, which is the lowest in the history of 5A followed up in 1989 with Do You Know the ished fiancee Kristi Waltsgott and many family state meets. Five of the boys made the top Muffin Man?, a story centered on child moles- members and friends. ten, with Nate Sullivan leading the way in fifth. tation. Mr. Cates received Emmy nominations Mr. Speaker, Kent Morton is remembered I am extremely proud of the Carroll Dragon in the Best Director category for both projects. as a loving father, a compassionate son, a de- cross country teams for their excellence in During his tenure as president of the Direc- voted brother and an admired friend. Kent was athleticism and sportsmanship. I would like to tors Guild of America, DGA, Gilbert led the a man who deeply treasured his family, recognize each player on these championship guild’s negotiations committee and four times friends, community and his country. Today, as teams. For the girls: Shelby Chapin, Rachel headed contract negotiations with producers, we bid Kent farewell, I ask my colleagues to Harper, Felice Johnson, Courtney leading the guild through a strike in 1987. He join me in mourning his passing and honoring Kriegshauser, Allison Naval, Sarah Roe and was instrumental in orchestrating the merger his devotion to his country and his community. Julia Sunderland. For the boys: Jordan Cha- between the Radio & Television Directors f vez, Trevor Gilley, Ben Golestan, Connor Guild and the Screen Directors Guild in 1960. Hendrickson, Alex Johansson, Joe Sansone Well known for producing some 14 Acad- MARCELLUS SHALE—ANCILLARY and Nate Sullivan. The team was guided by emy Awards broadcasts between 1990 and INDUSTRIES an exceptional coaching staff that included 2008, Gilbert is famed for recruiting Billy Crys- Justin Leonard, Nichole Gilley, Brandon Rog- tal and Whoopi Goldberg as well as David HON. SHELLEY MOORE CAPITO ers, and Christopher Anderson. Letterman, Steve Martin, Chris Rock and Jon OF WEST VIRGINIA Mr. Speaker, on behalf of the 24th Congres- Stewart as hosts. He also served on the Acad- IN THE HOUSE OF REPRESENTATIVES sional District of Texas, I ask all my distin- emy’s Board of Governors from 1984–1993, Monday, January 23, 2012 guished colleagues to join me in congratu- and won an Emmy in 1991 for the 63rd annual lating the Carroll Dragon cross country teams Oscars, returning to the board in 2002 and Mrs. CAPITO. Mr. Speaker, the natural gas on winning the boys and girls state champion- serving as its Vice President from 2003–2005. industry is very important to my constituents in ship titles. In 1990, Gilbert became the Dean of West Virginia. Given the exciting opportunities that my state has as a result of the Marcellus f UCLA’s newly combined School of Theater, Film and Television, a post he held until 1998, Shale, I particularly appreciate the opportunity OUR UNCONSCIONABLE NATIONAL after which he continued to educate young to discuss ancillary industries that West Vir- DEBT filmmakers as a professor. As a result of his ginia has the opportunity to develop as a re- many professional accomplishments, Mr. sult of its shale resources. I applaud Con- HON. MIKE COFFMAN Cates received a star on the Hollywood Walk gressmen Reed and Critz for organizing a OF COLORADO of Fame. He also received the DGA’s pres- Special Order on the Shale’s ancillary industries. IN THE HOUSE OF REPRESENTATIVES tigious President’s Award and the Guild’s Rob- ert Aldrich Award for service, as well as hav- America’s current energy policy is highly Monday, January 23, 2012 ing received the DGA’s Honorary Life Mem- flawed. My constituents can see its flaws Mr. COFFMAN of Colorado. Mr. Speaker, bership. when they are forced to pay higher prices at on January 26, 1995, when the last attempt at Gilbert was a loving husband and father. He the gas pump. Newly found shale resources a balanced budget amendment passed the is survived by his wife, Dr. Judith Reichman, have given us a major opportunity to take ad- House by a bipartisan vote of 300–132, the four children, two stepchildren and six grand- vantage of home-grown natural resources like national debt was $4,801,405,175,294.28. children. natural gas diversifying our energy portfolio Today, it is $15,236,271,879,792.78. We’ve I ask my colleagues to join me in cele- and making us less dependent on foreign added $10,434,866,704,498.50 dollars to our brating the life and achievements of Gilbert sources of energy. Our combined recoverable debt in 16 years. This is $10 trillion in debt our Cates. oil, natural gas and coal resources is the larg- nation, our economy, and our children could f est in the world. The United States must seize have avoided with a balanced budget amend- the opportunity to tap into these resources; ment. HONORING KENT MORTON however the Administration remains intent on f enforcing a moratorium on energy production HON. THADDEUS G. McCOTTER and transportation. TRIBUTE TO GILBERT CATES OF MICHIGAN In 2009, the oil and natural gas industry IN THE HOUSE OF REPRESENTATIVES supported 24,400 jobs in West Virginia. It is projected that the next decade could see an HON. HOWARD L. BERMAN Monday, January 23, 2012 OF CALIFORNIA increase in 18,000 to 26,000 jobs due to IN THE HOUSE OF REPRESENTATIVES Mr. MCCOTTER. Mr. Speaker, today I rise Marcellus investment and production. In addi- to honor the extraordinary life of Kent Morton tion to the economic boost that this nation can Monday, January 23, 2012 and to mourn him upon his passing at the age receive by utilizing its own energy resources, Mr. BERMAN. Mr. Speaker, I rise today to of 28. we also have the opportunity to strengthen ex- pay respects to my friend, producer and direc- Born on June 12, 1983, Kent Morton was a isting industries and to also develop new tor, Gilbert Cates who passed away on Octo- gregarious man with a ready smile. He loved ones. There are abundant resources present ber 31, 2011 at the age of 77. Let this con- his close-knit family and called his older broth- in the Marcellus Shale, including natural gas, gressional insert serve as a tribute to his er Shane his best friend. Kent was a man who oil, propane, and ethane. These resources can memory and celebration of his meaningful life. was always willing to help in any way he be used to heat our homes, power our vehi- Born June 6, 1934, in New York City to could. He was happily involved in his Garden cles and fleets, and to serve as a feedstock Jewish parents, Mr. Cates was a member of City community and spent many hours as a for chemical production. the fencing team at Syracuse University study- PTA volunteer at Lathers Elementary School As my colleagues from Ohio and Pennsyl- ing pre-med but changed his major to Theater where his daughter Makayla is a student. He vania know, our states are currently competing after an experience teaching actors to sword often used his formidable painting skills to against one another to attract chemical plants fight during a student production of Richard III. help beautify his church. known as ‘‘crackers’’. A single cracker would

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.010 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E56 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 result in billions of dollars in investment, tens and the world of music and entertainment in the wake of World War II, he was commis- of thousands of construction jobs, and thou- mourn the loss of an extraordinarily gifted sioned as an officer in the Philippine Army and sands of permanent jobs. It would also create man. was soon inducted into the United States jobs across the region and across the eco- A musical prodigy, Larry Butler began his Armed Forces of the Far East (USAFFE) as nomic spectrum. A cracker would increase the distinguished career at the mere age of six, an infantry line officer. On April 9, 1942, he local tax base, allowing local school districts to when he made a guest appearance singing was captured by Japanese Forces in the prov- have more funds available to improve the edu- with the Henry James Orchestra. At the age of ince of Bataan, Philippines, and was held as cation offered to our children. nine, he had his own show on Pensacola’s a prisoner of war in the Capas Concentration Attracting a cracker to the region will benefit WEAR–TV3; and by his twenty-first birthday, Camp. Later that year he was released as a all of our states and the country as a whole, Mr. Butler was already recording with musical POW and resumed his military duties shortly but my hope is that West Virginia is successful legends such as George Jones, Loretta Lynn, thereafter. In 1945, he completed studies from at gaining this exciting opportunity. I believe Dolly Parton, Jerry Lee Lewis, and Johnny the U.S. Army Judge Advocate General that West Virginia has everything that a com- Cash. He later collaborated with both Johnny School for commissioned officers at University pany desiring to build a cracker could want. Cash and Kenny Rogers, on some of their of Michigan in Ann Arbor. Upon his return West Virginia has a strong budget picture, an most well known hits. Mr. Butler is a two-time from JAG school, he assumed the role of improving tax climate, a ready and able work- Grammy Award Winner with over 100 gold Chief of Claims Branch under JAG, Philippine force, and a strong history in the chemical in- and platinum awards. He won his first Army, where he was responsible for the adju- dustry. I want my constituents to know that I Grammy for writing B.J. Thomas’ hit song, dication of all types of war claims in favor of am working with other leaders from West Vir- ‘‘(Hey, Won’t You Play) Another Somebody heirs. ginia to attract a cracker. A cracker would give Done Somebody Wrong Song.’’ His second In 1951, Judge Diaz retired from the Phil- West Virginians what they want the most: Grammy was for Producer of the Year. ippine Army as Captain. Throughout his distin- good paying jobs that will allow them to put In addition to his celebrated musical career, guished military career, he received various food on the table and live the American Mr. Butler has contributed his hard work and awards, including the United States and Phil- dream. talent to improving Northwest Florida. After ippine Presidential Unit Citation and the Phil- Additionally, production in the Marcellus Hurricane Ivan devastated the Gulf Coast in ippine Presidential Military Merit Medal. Shale gives us the opportunity to revive our in- 2004, Mr. Butler played a crucial role in or- Judge Diaz was involved in many commu- dustrial base. This is especially the case in re- chestrating and producing three sold-out con- nity organizations throughout his life. He was gions that have historically been dominated by certs with musical friends, Kenny Rodgers, among the first ordained permanent deacons the steel and chemical industries. In order to Willie Nelson, and Will Hedgecock, which to- in the Archdiocese of Agana and was instru- actually produce the sources available in the gether raised more than a half million dollars mental in organizing the Knights of Columbus, shale we must first have steel and industrial for community rebuilding efforts. Guam Council and Assembly. Further, he was equipment. The new demand for these mate- To some, Larry Butler will be remembered a founding member of the Catholic Social rials will hopefully allow previously shuttered as a musical genius; to others, he will be re- Services, and was active in the establishment facilities to reopen, new facilities to be built, membered for his charitable work in the North- of St. Dominic’s senior care home and the Do- and existing facilities to increase production. west Florida Community; and to his family and minican Catholic schools on Guam. All of this will create jobs. friends, he will always be remembered as a Judge Diaz was also heavily involved in the We are blessed in West Virginia to have loving father and spouse. He touched the lives founding of the Filipino Community of Guam, abundant, natural resources that power our of many, not only with his music, but also with where he served as President. He also helped country. The Marcellus Shale will undoubtedly his devotion and commitment to his family and establish the Marianas Audubon Society, the play a major role in the future of the energy community. UST Alumni Association of Guam, and the industry, moving us toward energy independ- On behalf of the United States Congress, I Chapter of Bataan-Corregidor Veterans on ence and creating jobs in ancillary industries am honored to recognize the life and deeds of Guam. as well as the energy industry. Larry Butler—a talented musician, committed Judge Diaz was married to Josefina de la Of course we must develop these resources community activist and loving family man. He Concepcion for 66 years and together they in a responsible manner that ensures our will be missed by many, but his memory will raised 10 children: Marilu Martinez, Carl Diaz grandchildren have clean air and water. It is live on through the timeless legacy he left. My (deceased), Mariles Benavente, Marilen essential that a proper regulatory structure is wife Vicki joins me in extending our thoughts Artero, Maribel Chandler, Mariann Carr, in place, one that balances exploiting this tre- and prayers to the entire Butler family. Maricar Davis, Tony Diaz, Vicente Diaz, and mendous resource with environmental con- f Ramon Diaz Jr., and have been blessed with cerns. However, it is not necessary for the 19 grandchildren and 13 great grandchildren. federal government and bureaucrats in Wash- HONORING THE LIFE AND SERVICE I join our community in mourning the loss of ington to balance these concerns. I fully sup- OF RETIRED SUPERIOR COURT Judge Ramon Diaz. His contributions to the port States being able to regulate the natural JUDGE RAMON V. DIAZ Guam Judiciary and our community will be re- gas industry without undue interference from membered by the many citizens he helped Washington bureaucrats. I am confident that HON. MADELEINE Z. BORDALLO throughout his life. We extend heartfelt condo- states have the ability to regulate this industry, OF GUAM lences to his many family, friends, and loved West Virginia showed that it had the ability to IN THE HOUSE OF REPRESENTATIVES ones. do so when it passed comprehensive legisla- Monday, January 23, 2012 God bless Judge Diaz. He will be missed. tion regulating shale gas production. f I urge my colleagues to continue fighting to Ms. BORDALLO. Mr. Speaker, I rise today ensure that we are able to take advantage of to honor the life and service of retired Superior RICHLAND SPRINGS COYOTES our domestic resources to create the jobs that Court of Guam Judge, Ramon Valero Diaz. STATE CHAMPIONSHIP Americans so desperately need. Judge Diaz passed away on January 15, 2012 f at the age of 93. HON. K. MICHAEL CONAWAY Judge Diaz was born on October 13, 1918 OF TEXAS HONORING THE LIFE OF NORTH- in Manila, Philippines and is the son of Dr. IN THE HOUSE OF REPRESENTATIVES WEST FLORIDA’S BELOVED Vicente Lozada Diaz and Bibiana Valero Diaz. LARRY BUTLER He came to Guam in 1951 to work and make Monday, January 23, 2012 a living for his family. In 1956, he was admit- Mr. CONAWAY. Mr. Speaker, I rise today to HON. JEFF MILLER ted to the Guam Bar Association, and in 1958, congratulate the Richland Springs Coyotes on OF FLORIDA became a naturalized U.S. citizen. an outstanding 2011 football season. On De- IN THE HOUSE OF REPRESENTATIVES In 1980, Judge Diaz became the first person cember 9, 2011, the Coyotes won the Class of Filipino descent to be appointed as a judge A, 6-man Division II State Championship with Monday, January 23, 2012 for the Superior Court of Guam. After 15 years a dominant 76–28 performance over the Mot- Mr. MILLER of Florida. Mr. Speaker, on be- of government service, he retired as a family ley County Matadors. half of the United States Congress, I rise court judge. The victory capped a perfect season, where today to recognize the life of Northwest Flor- Judge Diaz graduated from the University of 14 of the Coyotes’ opponents were subjected ida’s beloved Larry Butler. Northwest Florida Santo Tomas in Manila, Philippines. In 1941, to the 45-point mercy rule—the Matadors were

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JA8.006 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS January 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E57 no exception. This stellar performance earned head coach of Bayonne High School’s Girls place. It is in good spirit that before Congress- the Coyotes their second consecutive state Basketball team, who taught in the district for woman GIFFORDS resigns she has chosen to championship. over 37 years. Recently, the gymnasium in the finish what she started by holding a private I want to congratulate the team on their Bayonne High School Physical Education/ gathering in Tucson with some of the people work ethic—domination on the grid-iron does Community Education Center was dedicated who were at present that tragic day a year not come easy. to him and renamed, ‘‘Jeffrey R. Stabile ago. As well as the young men on the team, I Court.’’ Coach Stabile had an outstanding As Ranking Member on the House Com- want to recognize Coach Jerry Burkhart for coaching career with the Bayonne High mittee on Science, Space and Technology I putting together a football program of unparal- School Bees and also coached both Boys and have worked with Congresswoman GIFFORDS leled success. In the 124 games played under Girls Basketball and Softball. Additionally, closely for the past five years, where she his leadership, you can count all the losses on Coach Stabile was a special education teach- served as both the Chairwoman and Ranking one hand! Incredible. er. Member of the Space and Aeronautics Sub- I encourage the team and the coaches to Coach Jeffrey R. Stabile has been a coach committee. She has made an immeasurable enjoy this moment to the utmost. It is my at Bayonne High School for 41 years, includ- contribution to our work on the Committee, honor to represent Richland Springs and their ing 14 years with the Boys Basketball program and has been a steadfast champion of NASA outstanding football program. Again, I con- as a freshman coach and junior varsity coach, and encouraging our next generation of sci- gratulate the Coyotes on a perfect season and and 27 years with the Girls Basketball pro- entists. She is one of the most devoted Mem- a state championship. gram as the head coach. Coach Stabile led bers of the House of Representatives, and has f the Boys Basketball team to back to back served our country with distinction. RECOGNIZING BARRETT BYRNES Hudson County Interscholastic Athletic Asso- Congresswoman GIFFORDS is a shining ex- ciation Junior Varsity Championships in 1968– ample of our Democratic system of govern- HON. TIMOTHY H. BISHOP 69 and in 1969–1970. As the Girls Basketball ment—a system where we all have a voice. As she departs these hallowed halls of Con- OF NEW YORK head coach, Coach Stabile compiled a record IN THE HOUSE OF REPRESENTATIVES of 570 wins and 135 losses, which included 20 gress, I take comfort from the fact that she is Hudson County Interscholastic Athletic Asso- doing so to devote her energies to restoring Monday, January 23, 2012 ciation (HCIAA) Finals and 14 HCIAA Cham- her full health, and I wish her the best in her Mr. BISHOP of New York. Mr. Speaker, I pionships. Coach Stabile led his teams to 11 continuing recovery. She and her family will rise today to honor and recognize the life of New Jersey State Interscholastic Athletic As- remain in my thoughts and prayers. Barrett Byrnes, a constituent and friend, who sociation (NJSIAA) Section Finals and won 5 I pray that we can rise together as a nation passed away on December 21, 2011. He was Section Championships. Finally, his teams and embody those values of service that Con- 59 years old. made 28 straight State Tournament appear- gresswoman GIFFORDS has personified. Barrett Byrnes was raised in Huntington and ances and reached the State final once in f attended Harborfields High School in 2006. From 1985 until 1992, the team had a Greenlawn before going on to Farmingdale 120 game win streak versus Hudson County IN SUPPORT OF H.R. 3684, THE State College. While a student at Farmingdale, Teams which led to 7 straight HCIAA Cham- COMMUTER PROTECTION ACT Barrett pitched for the baseball team and in pionships. 1972 had an ERA of 0.36, fifth in the country For his accomplishments, Coach Stabile HON. TOM REED and a school record that stands to this day. was inducted into the Hudson County Hall of OF NEW YORK Upon his graduation, Barrett followed in his Fame in 2005, into the New Jersey Scholastic IN THE HOUSE OF REPRESENTATIVES father’s footsteps and began training to be- Coaches Association Hall of Fame in 2005, Monday, January 23, 2012 come an air traffic controller. Ralph Byrnes and the St. Aloysius High School Wall of was one of New York’s first air traffic control- Fame in 2007, where he attended high school. Mr. REED. Mr. Speaker, I rise today in lers at LaGuardia Airport. Please join me in honoring Coach Jeffrey R. strong support of the Commuter Protection Barrett’s career began at Duchess County Stabile for his service to the community as a Act, of which I am proud to be an original co- Airport in Wappingers Falls, a small local air- teacher and a coach. I thank him, his wife, sponsor. This bipartisan, responsible legisla- port. It ended at John F. Kennedy Airport in Maryann, and his two children Jeffrey Jr. and tion brings oversight of our nation’s federally New York, where he was a certified profes- Joelle, for his contribution to our community. funded highway system back to the United sional controller in the main tower for the final States Department of Transportation, giving f fourteen years of his career, retiring in 2008. them the ability to determine whether tolls im- Beyond his valuable work in the control HONORING THE HONORABLE posed by regional and state toll authorities are tower, Barrett was also an active leader in the GABRIELLE GIFFORDS just and reasonable. This was an authority the National Air Traffic Controllers Association, of Department of Transportation had previously, which he was a charter member, and presi- HON. EDDIE BERNICE JOHNSON and one I believe should be restored. Impor- dent/faculty representative of the JFK Tower OF TEXAS tantly, they would only have oversight when, chapter. As a safety advocate, Barrett served IN THE HOUSE OF REPRESENTATIVES and if, there was a complaint about a toll prac- as an air safety investigator to the National tice. Transportation Safety Board. Monday, January 23, 2012 Representing the 29th Congressional Dis- It was through his commitment to legislative Ms. EDDIE BERNICE JOHNSON of Texas. trict of the great state of New York, this is an activism on behalf of his union that I came to Mr. Speaker, I rise today to honor my friend issue that impacts my constituents directly. know him, as he served as the face of the and esteemed colleague, the Honorable Recent actions taken by the Port Authority of NATCA to the New York congressional dele- GABRIELLE GIFFORDS. New York and New Jersey are indicative of gation. A little over a year ago an unfathomable the abusive toll structure that can be imposed Mr. Speaker, I mourn the passing and honor tragedy occurred in Tucson, Arizona, where when agencies are left unchecked. The Port the memory of Barrett Byrnes. I wish to extend six individuals were killed in a shooting and Authority recently raised toll rates for all of its my heartfelt sorrow to his wife, Jacqueline several others were wounded, including Con- bridges and tunnels, which, when fully imple- Taylor, and the rest of Barrett’s family. gresswoman GIFFORDS. Congresswoman GIF- mented, will charge 5-axle tractor-semitrailers f FORDS courage and recovery reminds us that $105 per crossing. Mister Speaker, this is a HONORING COACH JEFFREY R. freedom defines our society, and violence will 163% cost jump, with rates three times higher STABILE OF BAYONNE HIGH not silence reason and discourse. Congress- than Philadelphia, the next highest city for tolls SCHOOL woman GIFFORDS unbreakable spirit is a les- on trucks. son that fear will not drive us. Unity and the Mr. Speaker, a toll increase like this has a HON. ALBIO SIRES dedication to our democracy will help us rise tremendously negative impact on my constitu- above all adversity. ents who transport goods in and out of New OF NEW JERSEY The victims of this tragedy were individuals York City. I have heard directly from many of IN THE HOUSE OF REPRESENTATIVES who were committed to the well-being of their them, like Ken Johnson who owns Leonards Monday, January 23, 2012 community. They had gathered that Saturday Express, a trucking company in Ontario Coun- Mr. SIRES. Mr. Speaker, I rise today in morning a year ago in Tucson to discuss mak- ty, about the harm this would do for his busi- honor of Coach Jeffrey R. Stabile, the former ing their community and our world a better ness and others throughout Western New

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JA8.009 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E58 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 York and the Southern Tier. Additionally, it is COLLEGE RIVALRY GOOD FOR only defeated the University of Texas one time clear that ultimately consumers will bear the TEXAS in the four years he commanded before mov- burden of paying higher prices for goods they ing on to Alabama. buy in stores. HON. TED POE As A&M transitioned out of being solely a OF TEXAS military academy, their traditions against the While I understand making needed safety Longhorns were passed down from generation IN THE HOUSE OF REPRESENTATIVES improvements to our nation’s roads neces- to generation. The two universities fed off of sitates increasing tolls from time to time, I do Monday, January 23, 2012 each other’s student camaraderie by trying to not understand—nor has the Port Authority Mr. POE of Texas. Mr. Speaker, ‘‘Texas out-do the other with war hymns, anthems, given—the justification for a rise of this mag- fight, Texas fight and it’s goodbye to A&M.’’ school pride, pep rallies and hand signs. Both nitude. Thus, we need the Department of The words of the Texas fight song rang loud schools even denounce the other in their Transportation to be able to review these toll for the last time this year at the annual duel school songs. structures, and others across the country, to between the University of Texas and Texas Legend has it that the UT mascot BEVO es- ensure taxpayer interests are being best A&M. tablished his name after Aggies branded the steer with a 13–0 score from the 1915 season. served. Consumers and businesses should The last match-up between the two Texas football powerhouses was a bittersweet ending After the branding, Texas officials tuned the not be forced to pay the price for mismanage- to a 117-year rivalry. Now, the eyes of Texas 13 into the letter B and added the E and V ment, and that is why I urge my colleagues to are upon the Aggies as they abandon the Big into the middle, creating the name BEVO— support the Commuter Protection Act. 12 for the alluring SEC. With that decision, one of the most recognized mascots in college ends one, if not the greatest football rivalries football. Modern Texas revisionists claim this f of all time. is all bunk. Who knows. The annual Turkey Day battle between the Even today, A&M has their hand in the well- RECOGNITION OF THE SERVICE OF burnt orange and the maroon is not just a being of the beloved mascot. When BEVO be- VINCE PANVINI game played once a year; it’s not just another comes ill, Texas officials have to quietly trans- team on the schedule. This game makes or port him to the College Station campus—to breaks the season. It’s a rivalry in every sense A&M’s top ranked veterinarian program. They HON. FORTNEY PETE STARK of the word; a chance for bragging rights for see it as a top secret mission so as to not in- OF CALIFORNIA a whole year among family and friends. Neigh- voke the students to ‘‘defame’’ the legendary borhood kids that grow up playing with each steer. IN THE HOUSE OF REPRESENTATIVES other become gridiron gladiators, fighting for Today, the rivalry between the students of Monday, January 23, 2012 the ultimate goal of beating the other. This each school is still alive. But there is no more football game divides households, friendships, football between the schools. The last game Mr. STARK. Mr. Speaker, I rise to acknowl- and the state of Texas. has been played; the teams have left the field; edge and thank Vince Panvini for his decades This past Thanksgiving, a historic battle be- and the clock has ticked down to 0:00. In their of service on behalf of sheet metal workers lo- tween two Texas universities ran deep in the losing effort this year, the Aggie faithful sang cally, nationally and internationally. Panvini’s pulse of Texans who have watched year after the ‘‘ Aggie War Hymn’’ for the last time at the retirement from his position as Director of year as these two waged war. With their final UT-A&M game. ‘‘So it is goodbye to Texas Governmental Affairs for the Sheet Metal game, it’s happy trails to a Texas tradition that University, so long to the orange and the white. . . .’’ This may be so, but it ought not Workers’ International Association is a great I have grown up with, that my kids have grown to be. The people of State of Texas deserve loss to the community of sheet metal workers up with and one that I would love my to see these two great universities do their an- and to the labor community as a whole. grandkids to grow up with. The Longhorns walked out of Kyle field with nual Thanksgiving battle with the pigskin. Throughout his career, Panvini has proven a 27–25 victory and the bragging rights for at There is too much history and too much fight himself as a first-rate organizer and represent- least another 10 years (or until a non-con- left for these football teams to abolish a Texas ative of his union members. For close to 50 ference game becomes available). As the tradition. years, this second-generation sheet metal Aggies left their Austin counter-parts for what And that’s just the way it is. worker has been a member of Local Union 19 they believe are bigger and better fields in the f in Philadelphia. He won election as a Local 19 SEC, they ended a 117-year relationship with RECOGNIZING DON DOMINA FOR trustee and later to their Executive Board. He the sudden divorce. Maybe the Aggies were HIS NEARLY 35 YEARS OF SERV- rose to an appointment as Local Union Orga- tired of playing in the shadow of BEVO. After ICE TO THE CENTRAL CON- nizer, then was appointed—and later elect- all, Texas holds a 2–1 lead in overall wins. NECTICUT COOPERATIVE FARM- Not all people are glad about the end of this ed—as Business Representative for the Local. ERS ASSOCIATION era. Even some Texas citizens with no ties to After attending training at Harvard Trade either school have suggested the legislature School for International Labor Relations, he pass a law requiring the two state schools to HON. JOE COURTNEY OF CONNECTICUT was appointed as Director of Governmental play each other every year in football. Affairs for the Sheet Metal Workers’ Inter- The rivalry between UT and Texas A&M is IN THE HOUSE OF REPRESENTATIVES national Association in January 1994. beyond a Saturday football game. Here at Monday, January 23, 2012 His success, friends and coworkers have home, college football has become somewhat Mr. COURTNEY. Mr. Speaker, I rise today said, is characterized by the fact that Panvini of a religion to many people—a deep-rooted to Congratulate Don Domina, General Man- was ‘‘born to do this work.’’ His love of the job passion between rival mascots and school col- ager of the Central Connecticut Cooperative combined with his unparalleled memory and ors clashing into hard-hitting victories. It’s the Farmers Association who is retiring after near- Junction Boys, the Tyler Rose, the last-minute ‘‘funny but stern’’ personality has won him ly 35 years of service to the people and busi- touchdown run by Vince Young in the Rose nesses of Connecticut. leagues of friends and allies. These attributes Bowl for the National Championship. Don Domina grew up on a farm in Vermont also won him great respect among peers, poli- This is beyond college football; it’s Texas where his family, including his six siblings, ticians, organizers, community leaders and football. Nowhere is it exemplified better than raised dairy cows. Life on the farm led to inter- union workers. between the two schools. ests in working with animals as a veterinarian, The labor community’s loss at Panvini’s re- It all started in the 19th century. Grover a passion he pursued as a youngster. As he tirement, however, will be his family’s gain—a Cleveland was president when on Friday, Oct. grew older, Don left his family farm to pursue noble tradeoff. With a return to Philadelphia, 19, 1894, the University of Texas and Texas work in construction, building silos around he’ll get quality time with family, his top pri- A&M University began their on-field feud. New England and New York. In the late ority. Panvini has a son, a daughter and four Texas A&M was a military academy until the 1960s, Don moved to Connecticut to do con- mid-60s. The Aggies’ record against the burnt grandchildren. On top of that, Panvini will have struction work and later became a milk truck orange suffered because of this, but this game driver for Moser’s, returning him to his dairy more time to cheer on his Philadelphia Eagles. was a must win among both schools. The roots. I thank Vince Panvini for his years of serv- Aggies hired legendary coach Bear Bryant as In November 1977, Don joined the staff of ice and wish him well in retirement. head coach and athletic director, but Bryant the Central Connecticut Cooperative Farmers

VerDate Mar 15 2010 04:29 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JA8.017 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS January 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E59 Associations a truck driver. However in his genuinely nice person and I’m happy to call Chief Burke will continue to serve his commu- nearly 35 years at the Co-Op, he has held her a good friend. nity as the highest ranking uniformed officer in more than a half dozen positions in nearly Connie came to the legislature in April, the county, upholding the high standard for every capacity. In March 2004, Don became 2006, winning a special election and then win- which the SCPD has become known. manager of the Co-Op, a position he earned ning her re-election in 2007. She was tireless Mr. Speaker, I honor James Burke for his through his hard work and lasting commitment in advocating for clean air and water, afford- invaluable and continuing contributions to our to help his customers and their farms. able housing, green space, clean energy, a community. It is my great hope that his tenure While he is retiring from his position as fair tax structure, and against overdevelop- with the department will be a credit to him and General Manager, I imagine we will continue ment and the dangers associated with Indian the officers he now oversees. I look forward to to see Don active in the agriculture world for Point. working with Chief Burke and supporting the many years to come. Whether it is through his In the County Legislature she served as department in its mission to keep Long Island work with the Connecticut Poultry Association Chair of the Environmental Committee, Vice- safe and secure. or the University of Connecticut’s agriculture Chair of the Multi-Services Committee and the programs, Don’s commitment to agriculture Special County Comprehensive Plan Com- f and the farm families across Connecticut will mittee, was a member of the Public Safety never tire. I want to extend my heartiest con- Committee and the Solid Waste Authority POVERTY IN CUBA gratulations to Don on his retirement and ask Board, and served as the Legislative Liaison my colleagues to do the same. to the Fire Advisory Board, to the Volunteer f Counseling Service, and to the Environmental HON. ALBIO SIRES Management Committee. OF NEW JERSEY MIDLAND CHRISTIAN SCHOOL She is a Registered Nurse and a Licensed IN THE HOUSE OF REPRESENTATIVES MUSTANGS STATE CHAMPIONSHIP Midwife and her legislative agenda was based on her commitment to the health, well-being Monday, January 23, 2012 and safety of the citizens of Rockland County. HON. K. MICHAEL CONAWAY Mr. SIRES. Mr. Speaker, I submit the fol- Connie lives in South Nyack with her hus- OF TEXAS lowing regarding the culture of poverty in band Erik Larsen, a doctor. They have two IN THE HOUSE OF REPRESENTATIVES Cuba under the Castro regime. daughters: Keah Larsen, a graduate of Nyack Monday, January 23, 2012 High School and SUNY New Paltz with a de- [From the Jersey Journal, Dec. 31, 2011] Mr. CONAWAY. Mr. Speaker, I rise today to gree in Women’s Studies; and Anika Larsen, CUBA’S CULTURE OF POVERTY PERSISTS also a graduate of Nyack High School who at- congratulate the Midland Christian School (By Roland A. Alum) Mustangs on a tremendous football season. tended SUNY Delhi-Culinary Arts and Rock- On December 3, 2011, the Mustangs defeated land Community College. The Fidel-&-Raul Castro regime marks 53 the Tomball Concordia Lutheran Crusaders to I will miss seeing Connie at the events we years this Jan. 1. The brothers unquestion- ably enjoyed extraordinary popularity in win the TAPPS Division II State Champion- both went to. I will miss far more the wise 1959, but the enthusiasm soon vanished as ship. counsel she had to offer and her sound advice they turned Cuba into a financially and spir- The Mustangs finish the season with a 12– about the areas we both represented. By itually bankrupt Marxist anti-utopia. 2 record, winning 12 consecutive games to fin- happy coincidence we both represented a As a result, nearly two million Cubans of ish the season and capture the state cham- 17th District. She is a good and gracious per- all social backgrounds have fled, many of pionship. son who represented her constituents wisely them settling in Hudson County. I want to congratulate the team on their and well. We are all better for knowing her. By the 1950s, Cuba was a regional leader in dedication and hard work. This remarkable f numerous social indicators, notwithstanding season was capped by a thrilling state cham- instability and corruption during the repub- pionship that was a fight to the finish. RECOGNIZING JAMES BURKE lican era (1902–1958). But since 1959 the is- Throughout the ups and downs of this year, land-nation has become a backward, closed society beleaguered by unproductivity and the Mustangs persevered and clung together HON. TIMOTHY H. BISHOP rationing. as a unit, ultimately winning state. I applaud OF NEW YORK Sociologist Tomas Masaryk noted that their dedication and hard work. IN THE HOUSE OF REPRESENTATIVES ‘‘dictators ‘look good’ until the last min- Coach Greg McClendon, as well as the utes’’; in Cuba’s case, it seems particularly young men on the team, deserves recognition Monday, January 23, 2012 fine to certain U.S. intellectuals. Com- for the accomplishment. This victory marks the Mr. BISHOP of New York. Mr. Speaker, I fortably from abroad, apologists contend fifth 11-man state championship for the Mus- rise today to recognize and honor the newly that most of the socioeconomic problems tangs—an outstanding accomplishment. I en- invested chief of the Suffolk County Police De- that traditionally afflicted the prior five and a half decades were eliminated after 1959. courage them to enjoy this achievement to the partment, James C. Burke. A dedicated law utmost. Yet, fact-finding by international social-sci- enforcement officer, Chief Burke has devoted entists challenges this fantasy. It is my honor to represent the Midland his career to the service and protection of his An early, little-known account uncovering Christian School Mustangs and their state community. some effects of the Castros’ regimentation championship football team. Again, I congratu- Chief Burke began his service at the New came from research in Cuba in 1969–’70 by late the Mustangs on an outstanding season. York City Police Department in January of U.S. cultural-anthropologists Oscar Lewis f 1985, before moving to the Suffolk County PD and Douglas Butterworth. They intended to in July of the following year. During his time test Lewis’ theory that a culture of poverty IN HONOR OF CONNIE COKER with the department, Burke has served in a would not exist in a Marxist-oriented society. They had naively presupposed that the variety of leadership roles, including super- socially alienating conditions that engender HON. ELIOT L. ENGEL vising the patrol and detective divisions. such phenomena could develop among the OF NEW YORK In addition to commanding the Organized poor solely under capitalism. IN THE HOUSE OF REPRESENTATIVES Crime Bureau of the SCPD, Chief Burke has, The Lewis-Butterworth early on-the- since 2006, served as the chief investigator for ground scrutiny validates many accounts by Monday, January 23, 2012 the Suffolk County District Attorney’s Office. respected experts and the much vilified ex- Mr. ENGEL. Mr. Speaker, in a loss we are Burke also has demonstrated a commitment to iles. There exists a culture of poverty in only just beginning to feel, Connie Coker law enforcement education and is frequently Cuba, although it is not necessarily a sur- stepped down as Rockland County Legislator called to give lectures to groups around the vivor of the old times, but seemingly a by- country. product of the Castros’ totalitarian social- at the end of 2011. To me she typified the ism. There were always poor Cubans, and Rockland spirit of enthusiasm, common sense, On January 1, 2012, James Burke was pro- some version of the culture of poverty might hard work, and intelligence. She cared for moted to Chief of the Suffolk County Police have existed before; but in my communica- people and worked hard to help them in any Department, the pinnacle, but by no means tions with Butterworth, he reconfirmed an- way a legislator could. To top it off, she is a the end, of a long and distinguished career. other discovery. The researchers could not

VerDate Mar 15 2010 05:01 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.020 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E60 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 document a case for a pervasive pre-1959 cul- transition to an open society with equal op- had a vision of growing the church through ture of poverty. The authorities must have portunities for every Cuban. good works in the community and being stew- suspected the prospective conclusions be- f ards of their faith. cause the scholars were abruptly expelled and their Cuban statistician imprisoned. CONGRATULATING THE GREATER Over the years, their numbers did grow. As Upon the 53rd anniversary, the old Lewis- BETHLEHEM BAPTIST CHURCH their numbers grew, so did their charitable Butterworth analysis invites renewed reflec- ON THEIR 80TH ANNIVERSARY acts. The Church has been devoted in their tion. Apologists customarily replicate propa- commitment to serve people from all walks of gandistic cliches by blaming failures on ex- HON. EDDIE BERNICE JOHNSON life in Dallas. They offer many services to ternal factors, such as the ending, two dec- OF TEXAS church members and the public, including pro- ades ago, of the multibillion-dollar subsidies viding health care workshops and screenings, from the defunct Soviet Bloc. IN THE HOUSE OF REPRESENTATIVES ministries to youth and young adults to cul- Monday, January 23, 2012 The anthropologists’ undertaking, how- tivate their spiritual and leadership skills, and ever, revealed that life for average Cubans in Ms. EDDIE BERNICE JOHNSON of Texas. a performing arts troupe, For His Glory. the Castros’ first decade was already beset Mr. Speaker, I rise today to congratulate the with corruption and time-wasting food lines. Greater Bethlehem Baptist Church on their Mr. Speaker, I ask that you and my other Likewise, Butterworth described how ordi- 80th anniversary. This is truly a historic occa- distinguished colleagues join me in honoring nary people were engaging in what and congratulating Greater Bethlehem Baptist sociobehavioral scientists now call ‘‘every- sion, and I want to commend the Church on Church’s congregation. The Church’s decades day forms of resistance.’’ Cubans were al- this special anniversary for its ardent commit- ready undermining the police-state through ment to service and community outreach. of commitment to our community has im- black-marketeering, pilfering and van- The Greater Bethlehem Baptist Church’s be- proved the lives of so many. Throughout the dalism, as we hear that they continue to do ginnings were humble. The Church was first years, the Church has continued to bless the decades later. organized in 1932, under the auspices of Dr. lives of countless people. May God continue After more than half a century of oppres- C. C. Choice. Dr. Choice, along with thirty-five to bless the congregation with many more sion and poor quality of life, one hopes for a members of the Bethlehem Baptist Church, years of continued prosperity.

VerDate Mar 15 2010 05:01 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JA8.022 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS January 23, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E61 SENATE COMMITTEE MEETINGS kansas, John Z. Lee, and John J. FEBRUARY 14 Tharp, Jr., both to be a United States Title IV of Senate Resolution 4, 9:30 a.m. District Judge for the Northern Dis- Armed Services agreed to by the Senate on February 4, trict of Illinois, and George Levi Rus- To hold hearings to examine the Depart- 1977, calls for establishment of a sys- sell, III, to be United States District ment of the Air Force in review of the tem for a computerized schedule of all Judge for the District of Maryland. Defense Authorization request for fis- meetings and hearings of Senate com- SD–226 cal year 2013 and the Future Years De- mittees, subcommittees, joint commit- 2:30 p.m. fense Program; with the possibility of a tees, and committees of conference. Intelligence closed session in SVC–217 following the This title requires all such committees To hold closed hearings to examine cer- open session. to notify the Office of the Senate Daily tain intelligence matters. SD–G50 SH–219 Digest—designated by the Rules Com- FEBRUARY 16 mittee—of the time, place, and purpose JANUARY 31 2:15 p.m. of the meetings, when scheduled, and 10 a.m. Indian Affairs any cancellations or changes in the Energy and Natural Resources To hold an oversight hearing to examine meetings as they occur. To hold hearings to examine the United energy development in Indian country. SD–628 As an additional procedure along States and global energy outlook for with the computerization of this infor- 2012. FEBRUARY 28 mation, the Office of the Senate Daily SD–366 Digest will prepare this information for 9:30 a.m. FEBRUARY 2 Armed Services printing in the Extensions of Remarks To hold hearings to examine the Depart- section of the CONGRESSIONAL RECORD 9:30 a.m. ment of the Navy in review of the De- on Monday and Wednesday of each Energy and Natural Resources fense Authorization request for fiscal week. To hold hearings to examine the final re- year 2013 and the Future Years Defense Meetings scheduled for Tuesday, Jan- port of the Blue Ribbon Commission on Program; with the possibility of a uary 24, 2012 may be found in the Daily America’s Nuclear Future. closed session in SVC–217 following the SD–366 open session. Digest of today’s RECORD. 2:15 p.m. SD–106 Indian Affairs 2:30 p.m. To hold hearings to examine S. 1739, to Veterans’ Affairs MEETINGS SCHEDULED provide for the use and distribution of To hold joint hearings to examine a leg- JANUARY 25 judgment funds awarded to the Min- islative presentation from the Disabled nesota Chippewa Tribe by the United American Veterans (DAV). 2 p.m. 345, Cannon Building Commission on Security and Cooperation States Court of Federal Claims in Docket Numbers 19 and 188, S. 356, to in Europe FEBRUARY 29 To hold hearings to examine Kazakhstan, amend the Grand Ronde Reservation 10 a.m. focusing on the stability of their gov- Act to make technical corrections, and Veterans’ Affairs ernment. S. 908, to provide for the addition of To hold hearings to examine ending 2200, Rayburn Building certain real property to the reservation homelessness among veterans, focusing 2:30 p.m. of the Siletz Tribe in the State of Or- on Veterans’ Affairs progress on its Homeland Security and Governmental Af- egon. five year plan. fairs SD–628 SR–418 Contracting Oversight Subcommittee To hold hearings to examine contract FEBRUARY 7 MARCH 1 management at Arlington National 9:30 a.m. 9:30 a.m. Cemetery. Armed Services SD–342 Armed Services To hold hearings to examine the Defense To hold hearings to examine U.S. Euro- Authorization request for fiscal year JANUARY 26 pean Command, U.S. Africa Command, 2013 and the Future Years Defense Pro- and U.S. Transportation Command in 10 a.m. gram. review of the Defense Authorization re- Budget SD–G50 quest for fiscal year 2013 and the Fu- To hold hearings to examine the outlook ture Years Defense Program; with the for the United States and global econ- FEBRUARY 8 possibility of a closed session in SVC– omy. 217 following the open session. SD–608 10 a.m. SH–216 Judiciary Veterans’ Affairs Business meeting to consider S. 1925, to To hold hearings to examine the Presi- MARCH 7 reauthorize the Violence Against dent’s proposed budget request for fis- Women Act of 1994, and the nomina- cal year 2012 for Veterans’ Programs. 10 a.m. tions of Paul J. Watford, of California, SR–418 Veterans’ Affairs to be United States Circuit Judge for To hold joint hearings to examine a leg- the Ninth Circuit, and Dennis J. Erby, FEBRUARY 9 islative presentation from the Veterans of Foreign Wars (VFW). to be United States Marshal for the 10 a.m. SD–G50 Northern District of Mississippi, De- Armed Services partment of Justice. To hold hearings to examine U.S. Pacific MARCH 21 SD–226 Command and U.S. Forces Korea in re- Homeland Security and Governmental Af- 10 a.m. view of the Defense Authorization re- fairs Veterans’ Affairs quest for fiscal year 2013 and the Fu- Investigations Subcommittee To hold joint hearings to examine the ture Years Defense Program; with the To hold hearings to examine taxation of legislative presentations of the Mili- mutual fund commodity investments. possibility of a closed session in SVC– tary Order of the Purple Heart, Iraq SD–342 217 following the open session. and Afghanistan Veterans of America 2:15 p.m. SD–G50 (IAVA), Non Commissioned Officers As- Judiciary 2:15 p.m. sociation, American Ex-Prisoners of To hold hearings to examine the nomina- Indian Affairs War, Vietnam Veterans of America, tions of Andrew David Hurwitz, of Ari- To hold an oversight hearing to examine Wounded Warrior Project, National As- zona, to be United States Circuit Judge the Department of Justice’s opinion on sociation of State Directors of Vet- for the Ninth Circuit, Kristine Gerhard internet gaming, focusing on what’s at erans Affairs, and The Retired Enlisted Baker, to be United States District stake for tribes. Association. Judge for the Eastern District of Ar- SD–628 SD–G50

VerDate Mar 15 2010 04:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\M23JA8.000 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS E62 CONGRESSIONAL RECORD — Extensions of Remarks January 23, 2012 MARCH 22 lyzed Veterans of America, Air Force sociation of America, and the Jewish 10 a.m. Sergeants Association, Blinded Vet- War Veterans. Veterans’ Affairs erans Association, American Veterans 345, Cannon Building To hold joint hearings to examine the (AMVETS), Gold Star Wives, Fleet Re- legislative presentations of the Para- serve Association, Military Officers As-

VerDate Mar 15 2010 04:38 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M23JA8.000 E23JAPT1 jbell on DSK7SPTVN1PROD with REMARKS Monday, January 23, 2012 Daily Digest Senate on the Diamond Fork System of the Central Utah Chamber Action Project. (S. Rept. No. 112–110) Routine Proceedings, pages S13–S49 S. 500, to direct the Secretary of the Interior to Measures Introduced: Two bills and two resolu- convey certain Federal features of the electric dis- tions were introduced, as follows: S. 2032–2033, S.J. tribution system to the South Utah Valley Electric Res. 34, and S. Res. 352. Page S42 Service District, with amendments. (S. Rept. No. 112–111) Measures Reported: Reported on Friday, January 13, during the ad- S. 526, to provide for the conveyance of certain journment: Bureau of Land Management land in Mohave Coun- S. 114, to authorize the Secretary of the Interior ty, Arizona, to the Arizona Game and Fish Commis- to enter into a cooperative agreement for a park sion, for use as a public shooting range, with an headquarters at San Antonio Missions National His- amendment in the nature of a substitute. (S. Rept. torical Park, to expand the boundary of the Park, to No. 112–112) conduct a study of potential land acquisitions, with S. 667, to establish the Rio Grande del Norte Na- an amendment in the nature of a substitute. (S. tional Conservation Area in the State of New Mex- Rept. No. 112–103) ico. (S. Rept. No. 112–113) S. 140, to designate as wilderness certain land and S. 765, to modify the boundary of the Oregon inland water within the Sleeping Bear Dunes Na- Caves National Monument. (S. Rept. No. 112–114) tional Lakeshore in the State of Michigan. (S. Rept. S. 766, to provide for the designation of the Dev- No. 112–104) il’s Staircase Wilderness Area in the State of Oregon, S. 247, to establish the Harriet Tubman National to designate segments of Wasson and Franklin Historical Park in Auburn, New York, and the Har- Creeks in the State of Oregon as wild rivers. (S. riet Tubman Underground Railroad National Histor- Rept. No. 112–115) ical Park in Caroline, Dorchester, and Talbot Coun- S. 779, to authorize the acquisition and protection ties, Maryland, with amendments. (S. Rept. No. of nationally significant battlefields and associated 112–105) sites of the Revolutionary War and the War of 1812 S. 264, to direct the Secretary of the Interior to under the American Battlefield Protection Program. convey to the State of Mississippi 2 parcels of sur- (S. Rept. No. 112–116) plus land within the boundary of the Natchez Trace S. 802, to authorize the Secretary of the Interior Parkway, with an amendment. (S. Rept. No. to allow the storage and conveyance of nonproject 112–106) water at the Norman project in Oklahoma. (S. Rept. S. 302, to authorize the Secretary of the Interior No. 112–117) to issue right-of-way permits for a natural gas trans- S. 883, to authorize National Mall Liberty Fund mission pipeline in nonwilderness areas within the D.C. to establish a memorial on Federal land in the boundary of Denali National Park. (S. Rept. No. District of Columbia to honor free persons and slaves 112–107) who fought for independence, liberty, and justice for S. 322, to expand the Alpine Lakes Wilderness in all during the American Revolution. (S. Rept. No. the State of Washington, to designate the Middle 112–118) Fork Snoqualmie River and Pratt River as wild and S. 888, to amend the Wild and Scenic Rivers Act scenic rivers. (S. Rept. No. 112–108) to designate a segment of Illabot Creek in Skagit S. 323, to establish the First State National His- County, Washington, as a component of the Na- torical Park in the State of Delaware. (S. Rept. No. tional Wild and Scenic Rivers System. (S. Rept. No. 112–109) 112–119) S. 499, to authorize the Secretary of the Interior S. 896, to amend the Public Land Corps Act of to facilitate the development of hydroelectric power 1993 to expand the authorization of the Secretaries D24

VerDate Mar 15 2010 04:17 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA2.REC D23JAPT1 jbell on DSK7SPTVN1PROD with DIGEST January 23, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D25 of Agriculture, Commerce, and the Interior to pro- Measures Passed: vide service opportunities for young Americans; help SOAR Technical Corrections Act: Committee on restore the nation’s natural, cultural, historic, archae- Health, Education, Labor, and Pensions was dis- ological, recreational and scenic resources; train a charged from further consideration of H.R. 3237, to new generation of public land managers and enthu- amend the SOAR Act by clarifying the scope of cov- siasts; and promote the value of public service, with erage of the Act, and the bill was then passed. amendments. (S. Rept. No. 112–120) Page S47 S. 970, to designate additional segments and trib- St. Croix River Crossing Project Authorization utaries of White Clay Creek, in the States of Dela- Act: Senate passed S. 1134, to authorize the St. ware and Pennsylvania, as a component of the Na- Croix River Crossing Project with appropriate miti- tional Wild and Scenic Rivers System. (S. Rept. No. gation measures to promote river values, after agree- 112–121) ing to the committee amendment, and the following S. 1047, to amend the Reclamation Projects Au- amendment proposed thereto: Pages S47–48 thorization and Adjustment of 1992 to require the Durbin (for Klobuchar) Amendment No. 1468, to Secretary of the Interior, acting through the Bureau modify the offset. Page S47 of Reclamation, to take actions to improve environmental conditions in the vicinity of the Leadville Providing for a Joint Session of Congress: Senate Mine Drainage Tunnel in Lake County, Colorado. (S. agreed to H. Con. Res. 96, providing for a joint ses- Rept. No. 112–122) sion of Congress to receive a message from the Presi- S. 1090, to designate as wilderness certain public dent. Page S48 land in the Cherokee National Forest in the State of Appointments: Tennessee. (S. Rept. No. 112–123) United States-China Economic Security Review Report to accompany S. 1134, to authorize the St. Commission: The Chair announced the following ap- Croix River Crossing Project with appropriate miti- pointments made pursuant to the unanimous-consent gation measures to promote river values. (S. Rept. agreement of December 17, 2011, by the President No. 112–124) pro tempore and the Majority Leader during the ad- S. 1325, to direct the Secretary of the Interior to journment of the Senate: study the suitability and feasibility of designating Pursuant to the provisions of Public Law sites in the Lower Mississippi River Area in the 106–398, as amended by Public Law 108–7, upon State of Louisiana as a unit of the National Park Sys- the recommendation of the Majority Leader, and in tem, with an amendment in the nature of a sub- consultation with the Chairmen of the Senate Com- stitute. (S. Rept. No. 112–125) mittee on Armed Services and the Senate Committee S. 1344, to direct the Secretary of Agriculture to on Finance, the Chair on behalf of the President pro take immediate action to recover ecologically and tempore announced the reappointment and appoint- economically from a catastrophic wildfire in the ment of the following individuals to the United State of Arizona, with an amendment in the nature States-China Economic Security Review Commission: of a substitute. (S. Rept. No. 112–126) William A. Reinsch of Maryland for a term be- S. 1421, to authorize the Peace Corps Commemo- ginning January 1, 2012 and expiring December 31, rative Foundation to establish a commemorative 2013 (reappointment), and Carte P. Goodwin of work in the District of Columbia and its environs. West Virginia for a term beginning January 1, 2012 (S. Rept. No. 112–127) and expiring December 31, 2013, vice Patrick A. S. 1478, to modify the boundary of the Minute- Mulloy of Virginia. Page S48 man Missile National Historic Site in the State of Protect IP Act—Agreement: A unanimous-consent South Dakota. (S. Rept. No. 112–128) agreement was reached providing that the motion to H.R. 441, To authorize the Secretary of the Inte- invoke cloture on the motion to proceed to consider- rior to issue permits for microhydro projects in non- ation of S. 968, to prevent online threats to eco- wilderness areas within the boundaries of Denali Na- nomic creativity and theft of intellectual property, be tional Park and Preserve, to acquire land for Denali withdrawn. Page S13 National Park and Preserve from Doyon Tourism, Message from the President: Senate received the Inc.. (S. Rept. No. 112–129) following message from the President of the United H.R. 461, to direct the Secretary of the Interior States: to convey certain Federal features of the electric dis- Transmitting, pursuant to law, a report relative to tribution system to the South Utah Valley Electric the debt limit, received during adjournment of the Service District. (S. Rept. No. 112–130) Senate on January 12, 2012; which was referred to Pages S41–42 the Committee on Finance. (PM–36) Page S37

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Nomination Confirmed: Senate confirmed the fol- Executive Communications: Pages S37–41 lowing nomination: Additional Cosponsors: Pages S42–44 By 74 yeas to 16 nays (Vote No. EX. 1), John M. Gerrard, of Nebraska, to be United States District Statements on Introduced Bills/Resolutions: Pages S44–46 Judge for the District of Nebraska. Pages S16–27, S49 Additional Statements: Pages S34–37 Nominations Received: Senate received the following nominations: Amendments Submitted: Pages S46–47 Robert E. Bacharach, of Oklahoma, to be United Notices of Hearings/Meetings: Page S47 States Circuit Judge for the Tenth Circuit. Record Votes: One record vote was taken today. William J. Kayatta, Jr., of Maine, to be United (Total—1) Page S27 States Circuit Judge for the First Circuit. Adjournment: Senate convened at 2 p.m. and ad- Michael A. Shipp, of New Jersey, to be United journed at 6:56 p.m., until 10 a.m. on Tuesday, Jan- States District Judge for the District of New Jersey. uary 24, 2012. (For Senate’s program, see the re- 5 Air Force nominations in the rank of general. marks of the Acting Majority Leader in today’s 36 Army nominations in the rank of general. Record on page S48.) 1 Navy nomination in the rank of admiral. Pages S48–49 Committee Meetings Messages from the House: Page S37 Measures Placed on the Calendar: Pages S13, S37 (Committees not listed did not meet) Enrolled Bills Presented: Page S37 No committee meetings were held. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Public Bills and Resolutions Introduced: 14 pub- Permanent Electronic Duck Stamp Act of 2011: lic bills, H.R. 3797–3810 and 1 resolution, H. Res. H.R. 3117, amended, to grant the Secretary of the 521 were introduced. Pages H113–14 Interior permanent authority to authorize States to Additional Cosponsors: Pages H115–16 issue electronic duck stamps, by a 2⁄3 yea-and-nay Reports Filed: Reports were filed today as follows: vote of 373 yeas to 1 nay, Roll No. 5 and H.R. 1173, to repeal the CLASS program (H. Pages H88–90, H90 Rept. 112–342 Pt. 2); Rota Cultural and Natural Resources Study H.R. 2606, to authorize the Secretary of the Inte- Act: H.R. 1141, to authorize the Secretary of the In- rior to allow the construction and operation of nat- terior to study the suitability and feasibility of des- ural gas pipeline facilities in the Gateway National ignating prehistoric, historic, and limestone forest Recreation Area, and for other purposes, with an sites on Rota, Commonwealth of the Northern Mar- amendment (H. Rept. 112–373); and iana Islands, as a unit of the National Park System, H.R. 3117, to grant the Secretary of the Interior by a 2⁄3 yea-and-nay vote of 278 yeas to 100 nays, permanent authority to authorize States to issue elec- Roll No. 6. Pages H87–88, H91–92 tronic duck stamps, and for other purposes, with an Recess: The House recessed at 4:16 p.m. and recon- amendment (H. Rept. 112–374). Page H113 vened at 6:31 p.m. Page H90 Speaker: Read a letter from the Speaker wherein he appointed Representative Foxx to act as Speaker pro Announcement by the Chair: The Speaker addressed the House on matters of decorum. tempore for today. Page H83 Pages H90–91 Recess: The House recessed at 12:20 p.m. and re- Notice of Intent to Offer Motion: Representative convened at 2 p.m. Page H85 Capps announced her intent to offer a motion to in- Recess: The House recessed at 2:14 p.m. and recon- struct conferees on H.R. 3630. Page H92 vened at 4:01 p.m. Page H87

VerDate Mar 15 2010 04:17 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JA2.REC D23JAPT1 jbell on DSK7SPTVN1PROD with DIGEST January 23, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D27 Quorum Calls—Votes: Two yea-and-nay votes de- H.R. 2055, making appropriations for military veloped during the proceedings of today and appear construction, the Department of Veterans Affairs, on pages H90 and H91. There were no quorum and related agencies for the fiscal year ending Sep- calls. tember 30, 2012. Signed on December 23, 2011. Adjournment: The House met at 12 noon and ad- (Public Law 112–74) journed at 9:56 p.m. H.R. 2867, to reauthorize the International Reli- gious Freedom Act of 1998. Signed on December 23, 2011. (Public Law 112–75) Committee Meetings H.R. 3421, to award Congressional Gold Medals DOING BUSINESS WITH DOD in honor of the men and women who perished as a Committee on Armed Services: Panel on Business Chal- result of the terrorist attacks on the United States on lenges within the Defense Industry held a hearing on September 11, 2001. Signed on December 23, 2011. Doing Business with DOD: Getting Innovative Solu- (Public Law 112–76) tions from Concept to the Hands of the Warfighter. H.R. 3672, making appropriations for disaster re- Testimony was heard from public witnesses. lief requirements for the fiscal year ending Sep- tember 30, 2012. Signed on December 23, 2011. LEGALLY BINDING BUDGET ACT OF 2011 (Public Law 112–77) Committee on Rules: Full Committee held a markup on H.R. 3765, to extend the payroll tax holiday, un- H.R. 3575, the ‘‘Legally Binding Budget Act of employment compensation, Medicare physician pay- 2011.’’ The bill was ordered reported, as amended. ment, provide for the consideration of the Keystone XL pipeline. Signed on December 23, 2011. (Public Law 112–78) Joint Meetings S. 278, to provide for the exchange of certain land No joint committee meetings were held. located in the Arapaho-Roosevelt National Forests in f the State of Colorado. Signed on December 23, 2011. (Public Law 112–79) NEW PUBLIC LAWS S. 384, to amend title 39, United States Code, to (For last listing of Public Laws, see DAILY DIGEST, p. D1364) extend the authority of the United States Postal H.J.Res. 94, making further continuing appro- Service to issue a semipostal to raise funds for breast priations for fiscal year 2012. Signed on December cancer research. Signed on December 23, 2011. 16, 2011. (Public Law 112–67) (Public Law 112–80) H.J.Res. 95, making further continuing appro- H.R. 1540, to authorize appropriations for fiscal priations for fiscal year 2012. Signed on December year 2012 for military activities of the Department 17, 2011. (Public Law 112–68) of Defense, for military construction, and for defense S. 535, to authorize the Secretary of the Interior activities of the Department of Energy, to prescribe to lease certain lands within Fort Pulaski National military personnel strengths for such fiscal year. Monument. Signed on December 19, 2011. (Public Signed on December 31, 2011. (Public Law 112–81) Law 112–69) H.R. 515, to reauthorize the Belarus Democracy S. 683, to provide for the conveyance of certain Act of 2004. Signed on January 3, 2012. (Public parcels of land to the town of Mantua, Utah. Signed Law 112–82) on December 19, 2011. (Public Law 112–70) H.R. 789, to designate the facility of the United S.J.Res. 22, to grant the consent of Congress to States Postal Service located at 20 Main Street in an amendment to the compact between the States of Little Ferry, New Jersey, as the ‘‘Sergeant Matthew Missouri and Illinois providing that bonds issued by J. Fenton Post Office’’. Signed on January 3, 2012. the Bi-State Development Agency may mature in (Public Law 112–83) not to exceed 40 years. Signed on December 19, H.R. 1059, to protect the safety of judges by ex- 2011. (Public Law 112–71) tending the authority of the Judicial Conference to H.R. 470, to further allocate and expand the redact sensitive information contained in their finan- availability of hydroelectric power generated at Hoo- cial disclosure reports. Signed on January 3, 2012. ver Dam. Signed on December 20, 2011. (Public (Public Law 112–84) Law 112–72) H.R. 1264, to designate the property between the H.R. 2061, to authorize the presentation of a United States Federal Courthouse and the Ed Jones United States flag on behalf of Federal civilian em- Building located at 109 South Highland Avenue in ployees who die of injuries in connection with their Jackson, Tennessee, as the ‘‘M.D. Anderson Plaza’’ employment. Signed on December 20, 2011. (Public and to authorize the placement of a historical identi- Law 112–73) fication marker on the grounds recognizing the

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achievements and philanthropy of M.D. Anderson. Senate Committees Signed on January 3, 2012. (Public Law 112–85) (Committee meetings are open unless otherwise indicated) H.R. 1801, to amend title 49, United States Committee on the Budget: January 26, to hold hearings to Code, to provide for expedited security screenings for examine the outlook for the United States and global members of the Armed Forces. Signed on January 3, economy, 10 a.m., SD–608. 2012. (Public Law 112–86) Committee on Homeland Security and Governmental Affairs: H.R. 1892, to authorize appropriations for fiscal January 25, Ad Hoc Subcommittee on Contracting Over- year 2012 for intelligence and intelligence-related sight, to hold hearings to examine contract management activities of the United States Government, the at Arlington National Cemetery, 2:30 p.m., SD–342. Community Management Account, and the Central January 26, Permanent Subcommittee on Investiga- Intelligence Agency Retirement and Disability Sys- tions, to hold hearings to examine taxation of mutual tem. Signed on January 3, 2012. (Public Law fund commodity investments, 10 a.m., SD–342. 112–87) Committee on the Judiciary: January 26, business meeting H.R. 2056, to instruct the Inspector General of to consider S. 1925, to reauthorize the Violence Against the Federal Deposit Insurance Corporation to study Women Act of 1994, and the nominations of Paul J. the impact of insured depository institution failures. Watford, of California, to be United States Circuit Judge for the Ninth Circuit, and Dennis J. Erby, to be United Signed on January 3, 2012. (Public Law 112–88) States Marshal for the Northern District of Mississippi, H.R. 2422, to designate the facility of the United Department of Justice, 10 a.m., SD–226. States Postal Service located at 45 Bay Street, Suite January 26, Full Committee, to hold hearings to exam- 2, in Staten Island, New York, as the ‘‘Sergeant ine the nominations of Andrew David Hurwitz, of Ari- Angel Mendez Post Office’’. Signed on January 3, zona, to be United States Circuit Judge for the Ninth 2012. (Public Law 112–89) Circuit, Kristine Gerhard Baker, to be United States Dis- H.R. 2845, to amend title 49, United States trict Judge for the Eastern District of Arkansas, John Z. Code, to provide for enhanced safety and environ- Lee, and John J. Tharp, Jr., both to be a United States mental protection in pipeline transportation, to pro- District Judge for the Northern District of Illinois, and vide for enhanced reliability in the transportation of George Levi Russell, III, to be United States District the Nation’s energy products by pipeline. Signed on Judge for the District of Maryland, 2:15 p.m., SD–226. January 3, 2012. (Public Law 112–90) Select Committee on Intelligence: January 24, closed business meeting to consider certain intelligence matters, f 9:45 a.m., SH–219. January 26, Full Committee, to hold closed hearings to COMMITTEE MEETINGS FOR TUESDAY, examine certain intelligence matters, 2:30 p.m., SH–219. JANUARY 24, 2012 House Committees (Committee meetings are open unless otherwise indicated) Committee on Agriculture, January 25, full Committee, markup on the following: H.R. 1840, to improve consid- Senate eration by the Commodity Futures Trading Commission Select Committee on Intelligence: closed business meeting of the costs and benefits of its regulations and orders; to consider certain intelligence matters, 9:45 a.m., H.R. 2682, Business Mitigation and Price Stabilization SH–219. Act of 2011; H.R. 2779, to exempt inter-affiliate swaps from certain regulatory requirements put in place by the Joint Meetings Dodd-Frank Wall Street Reform and Consumer Protec- Conference: meeting of conferees on H.R. 3630, to ex- tion Act; H.R. 2586, the ‘‘Swap Execution Facility (SEF) tend the payroll tax holiday, unemployment compensa- Clarification Act’’; H.R. 3336, the ‘‘Small Business Credit tion, Medicare physician payment, provide for the consid- Availability Act’’; H.R. 3527, the ‘‘Protecting Main eration of the Keystone XL pipeline, 2:30 p.m., 1100, Street End-Users from Excessive Regulation.’’ 9 a.m., Longworth Building. 1300 Longworth. Committee on Armed Services, January 24, full Committee, f hearing on Department of Defense Perspectives on Finan- cial Improvement and Audit Readiness Efforts, 10:30 CONGRESSIONAL PROGRAM AHEAD a.m., 2118 Rayburn. Week of January 24 through January 28, 2012 Committee on the Budget, January 24, full Committee, Senate Chamber begin markup of the following: H.R. 3582, the ‘‘Pro- Growth Budgeting Act of 2011’’; H.R. 3578, the ‘‘Base- On Tuesday, the Senate will be in a period of line Reform Act of 2011; H.R. 3581, the ‘‘Budget and morning business until 4 p.m. Accounting Transparency Act of 2011’’; and H.R. 3575, During the balance of the week, Senate may con- the ‘‘Legally Binding Budget Act of 2011.’’ 10 a.m., 210 sider any cleared legislative and executive business. Cannon.

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January 25, full Committee, continue markup of the Indefinite Camping in the Park?’’ 9:30 a.m., 2154 Ray- following: H.R. 3582, the ‘‘Pro-Growth Budgeting Act burn. of 2011’’; H.R. 3578, the ‘‘Baseline Reform Act of 2011; January 24, Subcommittee on TARP, Financial Serv- H.R. 3581, the ‘‘Budget and Accounting Transparency ices and Bailouts of Public and Private Programs, hearing Act of 2011’’; and H.R. 3575, the ‘‘Legally Binding entitled ‘‘How Will the CFPB Function Under Richard Budget Act of 2011.’’ 10 a.m., 210 Cannon. Cordray?’’ 1:30 p.m., 2154 Rayburn. Committee on Energy and Commerce, January 25, Sub- January 25, Subcommittee on Regulatory Affairs, committee on Energy and Commerce, hearing entitled Stimulus Oversight and Government Spending, hearing ‘‘American Jobs Now: A Legislative Hearing on H.R. entitled ‘‘Volt Vehicle Fire: What did NHTSA Know 3548, the North American Energy Access Act.’’ 8 a.m., and When Did They Know It?’’ 8 a.m., 2154 Rayburn. 2123 Rayburn. January 25, Subcommittee on Federal Workforce, U.S. Committee on Foreign Affairs, January 24, Subcommittee Postal Service and Labor Policy, hearing entitled ‘‘Retire- on Africa, Global Health, and Human Rights, hearing ment Readiness: Strengthening the Federal Pension Sys- entitled ‘‘Examining Ongoing Human Rights Abuses in tem.’’ 9 a.m., 2247 Rayburn. Vietnam.’’ 2 p.m., 2200 Rayburn. Committee on Rules, January 24, Subcommittee on Legis- Committee on the Judiciary, January 24, full Committee, lative and Budget Process, hearing on H.R. 114, the ‘‘Bi- markup of the following: H.R. 1433, the ‘‘Private Prop- ennial Budgeting and Appropriations Act of 2011.’’ erty Rights Protection Act of 2011’’ and H.R. 3796, the 10:15 a.m., H–313 Capitol. ‘‘Adam Walsh Reauthorization Act of 2012.’’ 10 a.m., January 24, full Committee, hearing on H.R. 1173, the ‘‘Fiscal Responsibility and Retirement Security Act of 2141 Raybrun. 2011.’’ 1:30 p.m., H–313 Capitol. Committee on Natural Resources, January 24, Sub- Committee on Science, Space, and Technology, January 24, committee on National Parks, Forests and Public Lands, Subcommittee on Investigations and Oversight, hearing hearing on the following: H.R. 919, the ‘‘Mohave Valley entitled ‘‘A Review of the Advanced Research Projects Land Conveyance Act of 2011’’; H.R. 938, the ‘‘Frank Agency-Energy.’’ 2 p.m., 2318 Rayburn. Buckles World War I Memorial Act’’; H.R. 1278, to di- Committee on Veterans’ Affairs, January 24, Sub- rect the Secretary of the Interior to conduct a special re- committee on Disability Assistance and Memorial Affairs, sources study regarding the suitability and feasibility of hearing entitled ‘‘Rating the Rating Schedule—the State designating the John Hope Franklin Reconciliation Park of VA Disability Ratings in the 21st Century.’’ 10 a.m., and other sites in Tulsa, Oklahoma, relating to the 1921 334 Cannon. Tulsa race riot as a unit of the National Park System, and Committee on Ways and Means, January 24, Sub- for other purposes’’; H.R. 2240, the ‘‘Lowell National committee on Social Security, hearing on combating dis- Historical Park Land Exchange Act of 2011’’; H.R. 2489, ability waste, fraud and abuse, 10:30 a.m., B–318 Ray- the ‘‘American Battlefield Protection Program Amend- burn. ments Act of 2011’’; H.R. 3411, to modify a land grant House Permanent Select Committee on Intelligence, January patent issued by the Secretary of the Interior; H.R. 3440, 25, full Committee, hearing on ongoing intelligence ac- the ‘‘Recreational Shooting Protection Act.’’ 10 a.m., tivities, 10 a.m., HVC–304. This is a closed hearing. 1324 Longworth. January 25, Subcommittee on Indian and Alaska Af- Joint Meetings fairs, hearing on the following: H.R. 2467, the ‘‘Bridge- Commission on Security and Cooperation in Europe: January port Indian Colony Land Trust, Health, and Economic 25, to hold hearings to examine Kazakhstan, focusing on Development Act of 2011’’; and S. 292, the ‘‘Salmon the stability of their government, 2 p.m., 2200, Rayburn Lake Land Selection Resolution Act.’’ 11 a.m., 1324 Building. Longworth. Conference: January 24, meeting of conferees on H.R. Committee on Oversight and Government Reform, January 3630, to extend the payroll tax holiday, unemployment 24, Subcommittee on Health Care, District of Columbia, compensation, Medicare physician payment, provide for Census and the National Archives, hearing entitled the consideration of the Keystone XL pipeline, 2:30 p.m., ‘‘McPherson Square: Who Made the Decision to Allow 1100, Longworth Building.

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

Senate Chamber House Chamber Program for Tuesday: Senate will be in a period of Program for Tuesday: Joint Session with the Senate to morning business until 4 p.m. Receive the State of the Union Address from the Presi- (Senate will recess from 12:30 p.m. until 2:15 p.m. for dent of the United States. their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Deutch, Theodore E., Fla., E53 Miller, Jeff, Fla., E56 Engel, Eliot L., N.Y., E59 Norton, Eleanor Holmes, D.C., E54 Berman, Howard L., Calif., E52, E55 Graves, Sam, Mo., E51 Poe, Ted, Tex., E58 Bishop, Timothy H., N.Y., E57, E59 Higgins, Brian, N.Y., E51 Reed, Tom, N.Y., E57 Bordallo, Madeleine Z., Guam, E56 Israel, Steve, N.Y., E53 Roby, Martha, Ala., E51 Boren, Dan, Okla., E51 Johnson, Eddie Bernice, Tex., E57, E60 Shuster, Bill, Pa., E54 Capito, Shelley Moore, W.Va., E55 King, Steve, Iowa, E52 Simpson, Michael K., Idaho, E53 Coffman, Mike, Colo., E55 Lipinski, Daniel, Ill., E52 Sires, Albio, N.J., E57, E59 Conaway, K. Michael, Tex., E56, E59 McCotter, Thaddeus G., Mich., E52, E55 Stark, Fortney Pete, Calif., E58 Courtney, Joe, Conn., E58 Marchant, Kenny, Tex., E54 Van Hollen, Chris, Md., E53

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